Food Safety Bylaw 2013 Te Ture ā-Rohe Whakapai Kai 2013
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23 May 2013 Food Safety Bylaw 2013
Food Safety Bylaw 2013
Te Ture ā-Rohe Whakapai Kai 2013
(as at 1 07 2013)
Governing Body of Auckland Council
Resolution in Council
23 05 2013
Pursuant to the Local Government Act 2002, the Governing Body of Auckland Council
revokes bylaws about food hygiene and food premises and replaces them with the
following bylaw.
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23 May 2013 Food Safety Bylaw 2013
Contents
Contents
Clause Description Page
1 Title…...…………………………………………………………………………………………………………………..3
2 Commencement………………………………………………………………………………………………………...3
3 Application…………………………………………………………………………………………………………….…3
Part 1
Preliminary provisions
4 Purpose………………………………………………………………………………………………………………….3
5 Interpretation……………………………………………………………………………………………………..……..3
Part 2
Closure, training, grading, food utensil hire, food sales to private premises, foods stalls and mobile food premises
6 Closure of unhygienic or unsafe food premises………………………………………………………..…...……….6
7 Training of staff in food premises………………………………………………………………………………..…….7
8 Grading of food premises……………………………………………………………………………………..………..8
9 Food sales to private premises……………………………………………………………………………..……........8
10 Food stalls and mobile food premises……………………………………………………………………………...…9
Part 3
Enforcement, offences and penalties
11 Non compliance with bylaw…………………………………………………………………………………..………..11
12 Offences and penalties…………………………………………………………………………………………………11
Part 4
Savings, Transitional powers
13 Existing approvals to continue…………………………………………………………………………………………11
Schedules (Information only)
Schedule 1: Grading assessment …………………………………………………………….…………………..…12
Schedule 2: Standards for food Stalls and Mobile Food Shops…………………………………………………...14
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1 Title
(1) This bylaw is the Food Safety Bylaw 2013.
2 Commencement
(1) This bylaw will come into force on 01 July 2013
3 Application
(1) This bylaw applies to Auckland.
Part 1
Preliminary provisions
4 Purpose
(1) The purpose of this bylaw is to -
(a) allow environmental health officers to take timely and effective action against
unhygienic food premises where the food in those premises is likely to be unsafe for
human consumption;
(b) require the majority of staff working in food premises to have at least a minimum
training and qualification in basic food hygiene;
(c) allow environmental health officers to grade food premises based on practices in those
premises to ensure food is prepared, stored and sold by methods and in surroundings
that promote good food hygiene;
(d) require food premises to display that grading (at the principal entrance to the premises
unless otherwise approved) so that potential customers make an informed choice
before entering;
(e) ensure that food sold to private premises (e.g. bun running) is prepared for sale in
suitable premises, in a manner that promotes good food hygiene and that those who
sell readily perishable food identify the source of that food for their customers;
(g) register and regulate the storage, preparation and sale of food from temporary or
mobile structures (food stalls and mobile food shops).
5 Interpretation
(1) In this bylaw, unless the context otherwise requires,—
Annual registration means the annual registration of food premises required by the Food
Hygiene Regulation 1974 and the Health (Registration of Premises) Regulations 1966.
Approved basic food hygiene course means a training program which has been
accredited by the New Zealand Qualifications Authority for the purposes of food preparation
and handling training, or an alternative course in food hygiene approved in writing by an
environmental health officer.
Auckland has the meaning given by the Local Government (Auckland Council) Act 2009.
Explanatory note: section 4(1) states: “Auckland means the area within the
boundaries determined by the Local Government Commission under section
33(1) (as that determination is given effect to by Order in Council under
section 35(1)).”
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Certificate of registration means a certificate of registration issued under the Health
(Registration of Premises) Regulations 1966 by a local authority.
Council means the Governing Body of the Auckland Council or any person delegated to act
on its behalf.
Environmental health officer means an environmental health officer appointed by the
council under the authority of the Health Act 1956, any person working under the authority
of an environmental health officer or an officer appointed and warranted by the council
under the authority of the Health Act 1956.
Food means for the purpose of this bylaw anything that is used, capable of being used, or
represented as being for use as food or drink for human consumption (whether raw,
prepared or partly prepared); and includes-
(a) plants; and
(b) any ingredient or nutrient or other constituent of any food or drink, whether that
ingredient or nutrient or other constituent is consumed or represented for
consumption on its own by humans or is used in the preparation of, or mixed with or
added to any food or drink; and
(c) anything that is or is intended to be mixed with or added to any food or drink; and
(d) chewing gum, and any ingredient of chewing gum, and anything that is or is intended
to be mixed with or added to chewing gum.
Food control plan means a plan developed or approved by the New Zealand Food Safety
Authority for food service and catering businesses.
Food for sale, sale or sell has the same meaning as in section 4 of the Food Act 1981 and
includes the extended meaning given in Regulation 2(5) of the Food Hygiene Regulations
1974. Food given away for promotion is deemed to have been sold.
Food handler means any person who manufactures, prepares or packs food for sale in
food premises as defined below. It does not apply to:
(a) supermarket checkout operators or persons handling already packaged food at the
point of sale;
(b) persons employed exclusively in the handling of packaged goods in storage or the
carriage of, or delivery of, packaged goods to and from premises;
(c) any other person employed in a food premises or works in connection with a food
premises who in the opinion of an environmental health officer should be exempted.
Food premises means-
(a) any premises:
(i) on or at which food is manufactured, prepared, packed, stored, or handled, for
sale; or
(ii) on or from which food is sold; or
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(iii) that is used in connection with any other food premises, for the purposes of
their work, by persons who work on those other food premises;
(b) any food stall;
registered by the council under the Health (Registration of Premises) Regulations 1966, or
operating under a Food Control Plan developed or approved by the New Zealand Food
Safety Authority.
Food stall includes any portable container, tent, movable stand or table, mobile food shop,
trailer, caravan road vehicle, fishing vessel, or similar structure, vehicle, or vessel, on or
from which food is sold.
Grade and Grading means the allocated grade resulting from an inspection of the food
premises by an environmental health officer assessed according to the grading system
determined by the council from time to time and which takes account of the following:
(a) food storage and protection, refrigeration and pest control;
(b) cleaning and sanitising;
(c) staff training;
(d) standard of premises.
Explanatory note: As a result of this grading Auckland Council will issue a grading
certificate with a grade of A (best), B, D or E (worst). See schedule 1.
Mobile food shop means a food stall contained on a motor vehicle or that is designed to be
moved by a motor vehicle (e.g. a food stall in caravan or on a trailer).
Occasional food premises means food premises that are used only for:
(a) the sale of fruit, eggs, poultry, and vegetables, that are produced either on the land on
which those premises stand or on land adjacent to the land on which those premises
stand; or
(b) for the preparation or handling of food for sale, or for the sale of food, on special
occasions
Explanatory note: This definition is taken from the Food Hygiene Regulations
1974. Whether premises are being used for a "special occasion" in this context will be
determined by the council on a case by case basis. For example, a one-off festival or event
is likely to be considered a "special occasion". Please contact an environmental health
officer at Auckland Council for more information.
Occupier means the occupier as defined in the Food Hygiene Regulations 1974 or the
holder of a food control plan.
Readily perishable food means food for sale that consists wholly or partly of milk, milk
products, eggs, meat, poultry, fish, or shellfish, or ingredients that are capable of supporting
the progressive growth of microbiological organisms that can cause food poisoning or other
food-borne illness.
Sale in relation to food means:
(a) selling food for processing and handling or for human consumption; and
(b) includes:
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(i) reselling food for processing and handling or for human consumption; and
(ii) offering food or attempting to sell food, or receiving or having food in
possession for sale, or exposing food for sale, or sending or delivering food for
sale, or causing or permitting food to be sold, offered, or exposed for sale; and
(iii) bartering food; and
(iv) selling, or offering to sell, anything of which any food forms a part; and
(v) supplying food, together with any accommodation, service, or entertainment, as
part of an inclusive charge; and
(vi) supplying food in exchange for payment or in relation to which payment is to be
made in a shop, hotel, restaurant, at a stall, in or on a craft or vehicle, or any
other place; and
(vii) for the purpose of advertisement or to promote any trade or business, offering
food as a prize or reward to the public, whether on payment of money or not, or
giving away food; and
(viii) exporting food; and
(ix) every other method of disposition of food for valuable consideration.
(2) A term or expression that is defined in the Food Hygiene Regulations 1974 and used in this
bylaw, but which is not defined by this bylaw, has the meaning given by the regulations.
(3) Any explanatory notes and attachments are for information purposes only, but do not form
part of this bylaw, and may be made, amended, revoked or replaced by the council at any
time.
(4) The Interpretation Act 1999 applies to this bylaw.
Part 2
Closure, training, grading, food utensil hire, food sales to private premises,
food stalls and mobile food premises
6 Closure of unhygienic or unsafe food premises
(1) Where any food premises or part of any food premises, or any appliance, fixture or fitting or
other equipment on any food premises is in such a condition that any food in the food
premises may be exposed to contamination or taint or deteriorate or become dirty or unsafe,
an environmental health officer may serve a notice in writing on the occupier of the premises
requiring him or her to:
(a) cease to use the premises as food premises, or to clean or repair the premises or
parts of the premises; and/or
(b) cease to use, or clean or repair any appliance, fixture, fitting or other equipment on
those premises;
in accordance with the requirements of the notice and in the time specified in the notice.
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(2) Where an occupier has been directed to cease to use any food premises under clause 6(1),
the occupier must not recommence the use of those food premises until permission has
been given in writing by an environmental health officer. Such permission may include any
conditions that an environmental health officer considers appropriate in the circumstances.
Explanatory note: An environmental health officer will endeavour to allow the premises to re-
open as soon as possible after the environmental health officer is satisfied that the notice
issued under clause 6(1) has been complied with.
(3) Where an occupier has been directed to cease to use any food premises under clause 6(1)
and has been issued with a notice of closure, an environmental health officer may attach a
copy of that notice to the principal entrance to those premises. This notice must not be
removed unless approval has been granted by that officer.
(4) An occupier of a food premises must not continue to operate those premises if the council
has revoked the certificate of registration for those premises pursuant to regulation 9(3) and
(4) of the Health (Registration of Premises) Regulations 1966.
7 Training of staff in food premises
(1) A person will not be issued with a certificate of registration after 30 June 2013 for any food
premises unless:
(a) the person has passed an approved basic food hygiene course and will normally be
present at the food premises when food is manufactured, prepared, handled or sold;
or
(b) there will be working full time on the premises a manager or staff member with
specific responsibility for staff training and supervision who has passed an approved
basic food hygiene course and is involved in food manufacture, preparation and
handling at that specific premises.
Explanatory note: the requirements of schedule 1 of the Food Hygiene Regulations 1974
must also be met before food premises can be registered.
(2) In addition to the requirements of clause 7(1), any food premises employing food handlers
must ensure that at least 50 per cent of all food handlers (including part time workers)
employed on those premises at any one time must have passed an approved basic food
hygiene course either before they commenced work or within three months of commencing
work on those premises. The requirements of this clause will come into effect on 1
November 2013.
(3) The requirements of clause 7(1) will not apply to food premises in the area of the former
Rodney District Council, Papakura District Council and Franklin District Council until 1
November 2013.
(4) The requirements of clause 7(2) will not apply to premises in the area of the former
Manukau District Council, Rodney District Council, Papakura District Council and Franklin
District Council until 1 June 2014.
(5) An environmental health officer may grant an exemption from the training requirements of
this bylaw if he or she is satisfied that it would be unreasonable or impractical to insist on
compliance, having regard to the type of premises, the standard of those premises, the
frequency of their use and/or the types of food being prepared, handled, packed or sold.
(6) The holder of the certificate of registration for a food premises must ensure that adequate
evidence of staff training in food hygiene is kept on the premises for the staff working on
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those premises, so that compliance with the provisions of clause 7(1) and 7(2) can be
demonstrated to an environmental health officer.
8 Grading of food premises
(1) An environmental health officer will annually inspect food premises to provide a grading for
those premises.
New food premises will be graded within two months of the issue of the first registration
certificate for those premises.
(2) A certificate of grading (the "grading certificate") resulting from the annual inspections of a
food premises by an environmental health officer will be sent to the applicant as soon as
reasonably practical after the inspection. The grading certificate will have an A, B, D, or E
grading as appropriate for the premises.
The grading certificate is one of the factors that will determine the annual registration fee for
food premises. Premises graded A are likely to pay a smaller registration fee than premises
graded B, D or E selling the same types of food.
(3) The current grading certificate must be conspicuously displayed at the principal entrance to a
food premises in full and un-obscured view. An environmental health officer may require an
alternative display position in situations where the officer deems it necessary to ensure that
the grading certificate can be seen before a person enters the premises.
(4) The grading issued under clause 8(2) must remain in place for a period of two months from
the date of issue before any application for re-grading will be considered. Applications for re-
grading must be made in writing and subject to the prescribed fee.
(5) The grading certificate will remain the property of the Auckland Council and may be
withdrawn and removed by an environmental health officer if the food premises fall below
the grading standard prescribed by the council.
(6) It is an offence under this bylaw not to display a grading certificate in accordance with
clause 8(3) or to display a grading certificate that is not correct or current.
9 Food sales to private premises
(1) A person must not visit any premises to sell food directly to any person on those premises
unless:
(a) the food offered for sale was prepared on a food premises registered under the
Health (Registration of Premises) Regulations 1966 by an environmental health
officer; and
(b) that person displays a mobile food vendor identification card identifying their name
and the registered premises which supplied any readily perishable food sold by the
vendor; and
(c) the food is protected at all times from any risk of contamination and individually pre-
packed or pre-wrapped (except whole or cut fresh fruit and vegetables in transparent
packages); and
(d) any food containing readily perishable ingredients must be sold within two hours of its
manufacture, or stored at or below 4ºC, or above 60ºC, between the time of
manufacture and the time of sale; and
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(e) the food is labeled to the requirements of the Australian New Zealand Food
Standards Code; and
(f) all unsold readily perishable food is disposed of at the end of the day.
(2) Without limiting anything in part 3 of this bylaw, non-compliance with any of the
requirements of clause 9(1) by any mobile food vendor may result in the seizing of any food
offered for sale by that vendor by an environmental health officer.
10 Food stalls and mobile food premises
(1) A person must not operate a food stall without a certificate of registration issued by an
environmental health officer certifying that at the time of issue the food stall complied or was
likely to comply with appropriate food hygiene standards appropriate for the types of food
likely to be sold on that food stall. This requirement does not apply to:
(a) occasional food premises;
(b) food stalls that:
i do not sell readily perishable food; and
ii. are located within a market that is registered as required by the Food Hygiene
Regulations 1974;
(c) food stalls at which the only food sold is food that has been prepared off-site in a
registered food premises prior to sale and the stall operator either:
i. is the holder of the certificate of registration and displays a copy of that
certificate of registration on the stall; or
ii. is operating the food stall under the authority of the holder of the certificate of
registration and displays a copy of that certificate of registration on the stall
Explanatory notes:
1. The Food Hygiene Regulations 1974 require operators of regular markets where food
is sold to hold a certificate of registration. Regulation 4(1) states that no person shall
use any premises for the manufacture, preparation, packing, or storage of food for
sale, unless the premises are registered. In addition, Regulation 4(2) states that no
person shall use any premises for the retail sale of cakes, sandwiches, bakers' small
goods, fruit, vegetables, ice cream, frozen confections, and/or milk, unless the
premises is registered. This bylaw does not remove the requirement for market
operators to obtain a certificate of registration in these circumstances.
2. Schedule 2 which is included for information only (is not part of this bylaw) outlines
appropriate standards for the operation of most food stalls.
3. The council may, subject to certain conditions, issue a certificate of registration free of
charge to persons or groups that sell low risk foods to the public, from a single food
stall which is used for not more than 12 days in any calendar year. Please contact an
environmental health officer at Auckland Council for further information.
(2) Any person wishing to obtain a certificate of registration must make application on the form
provided. The application must be accompanied by an application fee for the issue of the
certificate and subsequent inspections of the food stall during the currency of the certificate.
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(3) The food stall operator must display the certificate of registration in view of the public at all
times when trading.
(4) An environmental health officer may at any time in writing, suspend a certificate of
registration if the food stall is in a condition or is being operated in manner that is likely to
contaminate or spoil any food prepared or sold on that food stall in a manner that may be a
safety risk to the public.
(5) Where the food offered for sale at a food stall requires manufacturing, preparation or
packing, these processes must be conducted on:
(a) a food stall which meets the suitable requirements of attachment 2 to this bylaw; or
(b) on premises that are registered as required by the Food Hygiene Regulations 1974.
Food for sale on stalls cannot be prepared at home unless they are prepared by someone
who holds an approved food safety plan e.g. an approved homemade jam food safety
programme.
(6) Where in the opinion of an environmental health officer it is necessary for the protection of
public health, the officer may impose conditions that ensure compliance with the bylaw on
the operation of any food stall as a condition of issuing a certificate of registration.
(7) Where an environmental health officer is satisfied that compliance with any requirements of
this bylaw or any control made by the council for food stalls would be unreasonable or
impractical having regard to the type of food that is to be sold, or the method of packaging,
an exemption may be granted in whole or part with such modifications as are desirable in
the circumstances
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Part 3
Enforcement, offences and penalties
11 Non-compliance with bylaw
(1) The council may use its powers under the Health Act 1956 and the Local Government Act
2002 to enforce this bylaw.
12 Offences and penalties
(1) A person who fails to comply with this bylaw commits an offence against section 239 of the
Local Government Act 2002 and is liable on conviction to the penalties set out in section
242(4) of the Local Government Act 2002.
Explanatory Note: As at 1 May 2013, a penalty in relation to this bylaw relates to an offence
for which a person is liable on conviction to a fine not exceeding $20,000 in accordance with
section 239 and 242(4) of the Local Government Act 2002.
Part 4
Savings, Transitional provisions
13 Existing approvals to continue in force
(1) This clause applies to the:
(a) Auckland City Council Food Premises Bylaw 2008;
(b) Auckland City Council Food Stalls Bylaw 2008;
(c) Franklin District Council Food Hygiene Bylaw 2010;
(d) Manukau City Council Food Hygiene and Food Handlers Training Bylaw 2008;
(e) North Shore City Council Food Safety Bylaw 2000;
(f) Rodney District Council Food Premises Bylaw 1998;
(g) Waitakere City Council Food Safety Bylaw 2005.
(2) Every consent, permit, dispensation, permission or other form of approval granted under
any bylaw in clause 13(1) above that was in force immediately before the commencement
of this bylaw, continues in force as if it is a consent of that kind issued under this bylaw, but:
(a) it expires on the date specified in that consent; or
(b) if no expiry dated is specified, it expires on the date 12 months after the
commencement of this bylaw; and
(c) it can be renewed only by application made and considered under this bylaw.
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Schedule 1: Grading assessment: matters to be considered in grading (for information only)
Critical items
Critical for an A or B grade;
1. Pest control: There are no discernible pest control issues i.e. no evidence of weevils, cockroaches,
mice or rats.
2. Temperature control: Dishwashers are working to the required temperatures. Refrigerators/
freezers are working to required temperatures (e.g.40C and -120C as appropriate).
3. Food protection: Is food stored to protect from contamination e.g. red meat will not drip on other
food, food stored in the open covered and protected from contamination, sneeze guards in place
for displayed food etc.
4. Premises are well cleaned and well maintained and meet the standards of the Food Hygiene
Regulations e.g. sinks/hot water etc.
High Priority items
Required for an A grade
1. Staff are trained and aware of food protection and food safety practices.
2. Public display of registration certificate and current grading certificate.
3. Hand washing practices – good awareness of issue and dedicated hand washing basin available
with hot and cold water.
4. Have adequate cleaning/sanitising schedule and pest control plan in place and which is available
for inspection.
5. Ventilation is adequate for cooking of food.
6. Meets building code requirements (e.g. provision of toilets) or applicable building standards at
time.
Medium Priority Items
Required of an A or B grade
1. Hot water capacity is adequate.
2. Lighting is adequate for tasks including cleaning.
3. Adequate space in kitchen for food preparation and storage.
4. Adequate refuse/waste storage/disposal facilities.
5. Adequate and clean facilities to dispose of waste oil or fat including grease traps.
6. Ventilation if food not cooked on premises.
7. Protective clothing provided meets need of food prepared or sold.
8. Changing facilities for staff adequate to size of business.
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Low Priority Items
1. Colour of wall, floor and ceiling finishes.
2. Ceiling height.
3. Coving at edge of flooring.
4. Minor notices e.g. hand washing or smoking notices.
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Schedule 2: Standards for Food Stalls and Mobile Food Shops (for information only)
General requirements
1 A food stall should be operated so that:
General
(a) the preparation of foods for sale on a food stall must be in accordance with good
hygienic practices.
(b) food stall workers keep their hands, nails and body clean and they wash their hands
before commencing working,
after smoking, using the toilet, coughing sneezing or blowing their nose, and
after handling raw meat (fish, red meat and chicken).
Smoking is not permitted on any food stall.
(c) every person working on the food stall is wearing suitable clean clothing appropriate
to prevent the contamination of food being sold.
It is recommended that hats are worn and long hair either tied back or contained with
a hairnet by all staff involved in the manufacture, preparation, packing, handling or
serving of food that is not either pre-packed or contained within sealed containers.
(d) gloves are worn by stall workers who have cut or damaged hands or who have false
nails or are using nail varnish.
It is recommended that clean disposable gloves are available for the handling of food.
Gloves that have handled money should not be worn when serving un packaged food.
Gloves that are torn or damaged should be replaced immediately.
Location
(e) the space around and under the food stall can be readily cleaned and so that it does
not provide a harbourage for birds, vermin or insects.
Cleaning
(f) the stall, equipment and all appliances are maintained in a clean and tidy condition.
Food sources
(g) all parts of the stall, equipment and appliances and reusable containers that come in
direct contact with food are thoroughly cleaned and rendered hygienic at least once
each day the stall is used or more frequently as required.
Food protection
(h) all food which is not prepared on the stall is delivered to the stall in clean protective
containers with tight fitting lids, suitable for the purpose and in such a manner as to
protect the food from contamination.
(i) food awaiting sale and all containers used or intended to be used in handling foods
are at all times protected from contamination.
(j) adequate space for the storage of food is provided, and placed, fitted and ventilated
so as to protect the food from flies, dust, and other contamination.
(k) all food is stored or displayed at least 650 millimetres above ground level.
First aid
(l) a suitable hygienic dust-proof box or cabinet containing a sufficient supply of first aid
items including waterproof wound dressings and disposable gloves are provided for
persons working at the stall.
Where possible, waterproof wound dressings should be brightly coloured.
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Refuse receptacles
(m) an adequate number of refuse receptacles are provided in convenient positions near
the food stall for use by customers.
(n) the refuse receptacles are emptied and cleaned once daily or more frequently as
necessary.
Water storage capacity
(o) an adequate supply of clean potable water is available for cleaning equipment,
fixtures, fittings and for washing hands. The water containers must be filled with
clean potable water at least once a day or more frequently as required and
maintained in a clean and hygienic condition.
For most food stalls where cooked food is being prepared 20 litres of water would be
considered an adequate supply, however this amount may vary depending on the
size and time the stall is in operation.
Wastewater container
(p) a sealed wastewater container is provided having a holding capacity greater than the
total clean water storage on the food stall. The wastewater container must be emptied
and cleaned at least once daily or more frequently as required. All wastewater must
be disposed of into an approved foul water drainage system (e.g. a gully trap).
Appliances
(q) all appliances are constructed and maintained to permit their effective cleaning and
inspection.
2. Selling readily perishable food
Readily perishable food means milk, milk products, eggs, meat, poultry, fish, or shellfish,
or ingredients that are capable of supporting the progressive growth of microbiological
organisms that can cause food poisoning or other food-borne illness.
(1) A food stall selling readily perishable food should be operated so that
(a) the food is maintained at the following temperatures:
(i) cold food is kept below 4oC by ice or refrigeration;
(ii) frozen food is kept below -12 oC;
(iii) hot food is kept above 60o C by cooking or heating:
(b) readily perishable food is kept at ambient (room) temperature for no more than two
hours after which time it should be discarded. In the case where high ambient
temperatures (that is above 18°C) are experienced, readily perishable food should be
kept for no more than one hour after which time it should be discarded. The food stall
operator should have in place a system to track the time readily perishable food is
held at ambient temperatures and to be able to demonstrate this system to an
environmental health officer when requested.
(c) that the food is shaded from the direct rays of the sun by shades provided by the stall
operator.
(d) any unsold readily perishable food left at the end of the day, (other than frozen food
that has been continuously held at or below -12°C, or iced/refrigerated food that has
been continuously held as or below 4°C) is disposed of.
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(e) cured or uncooked meat (raw beef, sheep meat, chicken, pork or venison) must not
be sold from a food stall unless the stall operator has an approved New Zealand Food
Safety Authority food safety program.
3. Additional requirements for mobile food stalls/shops
(1) Where a mobile food shop manufactures, or prepares food on that shop, the shop should be
constructed, maintained and operated so that:
(a) all interior surfaces of the mobile food shop, including floors, walls, ceilings,
cupboards, benches and shelving are constructed and finished so that they are:
(i) smooth, durable, impervious and able to be easily cleaned;
(ii) free from cracks and other defects;
(iii) light in colour to enable effective cleaning and inspection.
Ventilation
(b) the shop has adequate ventilation to:
(i) prevent condensation on floors, walls, ceilings and surrounding areas;
(ii) remove objectionable fumes and odours.
Wash-hand basin
(c) it has an adequate sized wash-hand basin drained by a trapped waste pipe to a
sealed wastewater holding container. The basin must be provided with:
(i) a piped supply of hot and cold water or a single piped supply of warm water at
the basin;
(ii) a supply of soap or detergent, a nail brush, and an adequate supply of paper or
roller towels.
A hand basin is not required where the only food that is stored or sold is either pre-
packed or contained in sealed containers. However, it is recommended that facilities
for washing hands are available nearby.
Sink
(d) it has an adequately sized sink (separate from the wash-hand basin) drained by a
trapped waste pipe to a sealed wastewater holding container. The sink must be
provided with an adequate supply of cold water and hot water with a minimum
o
temperature of 55 C.
Lighting
(e) adequate artificial lighting is provided if necessary to supply effective illumination for
the cleaning and inspection of the mobile food shop.
Lighting of more than 200lux on all work areas will be considered as adequate
4 Training requirements,
(1) The manager or operator in control of any food stall or mobile food shop that wishes to sell
readily perishable food made on that stall/shop under a certificate of registration issued for a
period of more than three months may, depending on the type of food being prepared be
required by an environmental health officer to have adequate training in basic food hygiene
to ensure that the food stall or mobile food shop operates at all times in accordance with the
principles of good food safety. Appropriate training includes, but is not limited to, being the
holder of a basic food hygiene certificate or equivalent or attending a basic food hygiene
workshop specifically designed for food stalls or mobile food shops operating at large events.
Page 16Last updated
23 May 2013 Food Safety Bylaw 2013
5. Event organisers responsibilities
(1) In circumstances where food stalls or mobile food shops are present at an event or market,
in all cases it remains the responsibility of the event or market organiser to ensure that the
food stall operators holds or operates under a current certificate of registration. See clause
10 of the bylaw for further clarification.
Page 17Last updated Additional Information to
23 May 2013 Food Safety Bylaw 2013
Addition information to Food Safety Bylaw
This document contains matters for information purposes only and does not form part of any
bylaw. It may include matters made pursuant to a bylaw and other matters to assist in the
ease of understanding, use and maintenance. The information contained in this document may
be updated at any time.
Contents
Section Description Page
1 History of bylaw 1
2 Related documents 1
3 Delegations 2
4 Register of controls 3
5 Licences (not applicable) 3
6 Enforcement powers 3
7 Offences and penalties 3
8 Monitoring and review 3
Section 1: History of bylaw
Action Description Date of decision Decision reference Commencement
Make Auckland Council Food 23 May 2013 Resolution number 1 July 2013
Safety Bylaw 2013 GB/2013/48
Revoke Auckland City Council Food 23 May 2013 Resolution number 1 July 2013
Premises Bylaw 2008 GB/2013/48
Revoke Auckland City Council Food 23 May 2013 Resolution number 1 July 2013
Stalls Bylaw 2008 GB/2013/48
Revoke Franklin District Council 23 May 2013 Resolution number 1 July 2013
Food Hygiene Bylaw 2010 GB/2013/48
Revoke Manukau City Council Food 23 May 2013 Resolution number 1 July 2013
Hygiene and Food Handlers GB/2013/48
Training Bylaw 2008
(chapter 8)
Revoke North Shore City Council 23 May 2013 Resolution number 1 July 2013
Food Safety Bylaw 2000 GB/2013/48
(part 17)
Revoke Rodney District Council 23 May 2013 Resolution number 1 July 2013
Food Premises Bylaw 1998 GB/2013/48
(chapter 24)
Revoke Waitakere City Council Food 23 May 2013 Resolution number 1 July 2013
Safety Bylaw 2005 GB/2013/48
Section 2: Related Documents
Document Description Location
Bylaw Reports
Appointment of Report to the http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/committees/hearingscom
Hearing Panel for an Hearings Committee mittee/meetings/hearingscomag20121116.pdf
Auckland Council
Food Safety Bylaw
Appointment of Hearings panel http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/committees/hearingscom
Hearing Panel for an resolution mittee/meetings/hearingcommitteemin20121116.pdf
Auckland Council
Food Safety Bylaw
Review of Food Determination report http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/committees/regulatorybyla
Safety Bylaw 2013 to the Regulatory and wscommittee/meetings/regulatoryandbylawscommagitm1to1220121214.pdf
and Statement of Bylaws Committee
Proposal
File No.
Review of Food Regulatory and http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/committees/regulatorybyla
Safety Bylaw 2013 Bylaws Committee wscommittee/meetings/regulatorybylawscommin20121214.pdf
and Statement of resolution
Proposal
Page 1Last updated Additional Information to
23 May 2013 Food Safety Bylaw 2013
Review of Food Governing Body http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/governingbody/governing
Safety Bylaw 2013 resolution bodymin20121220.pdf
and Statement of
Proposal –
recommendations
from Regulatory and
Bylaws Committee
File No.
CP2012/23938
Statement of Statement of proposal http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/committees/regulatorybyla
Proposal Food Safety wscommittee/meetings/regulatoryandbylawscommagitm1to1220121214.pdf
Bylaw 2013
Background Report Submissions report to http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/hearings/hgsagfoodsafety
for the Hearing of hearings panel bylaw20130415.pdf
Submissions to the
Review of the bylaw
Hearings panel report http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/governingbody/governing
to the Governing bodyag20130523.pdf
Body
Governing Body Resolution number GB/2013/48
resolution of Bylaw http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/governingbody/governing
bodymin20130523.pdf
Legislation
Health (Registration Provides for the www.legislation.govt.nz
of Premises) registration of
Regulations 1966 premises
Food Hygiene Provides regulations www.legislation.govt.nz
Regulations 1974 for registration,
conduct,
maintenance,
application to food
premises, workers,
manufacturers and
specific provisions for
types of premises and
types of food sold
Food Act 1981 Provides for www.legislation.govt.nz
exemptions to the
Food Hygiene
Regulations 1974,
food standards and
enforcement
Health Act 1956 Provides local www.legislation.govt.nz
authority the ability to
make a bylaw
Section 3: Delegations
Clause Function, duty, Delegated Date of Decision Commencement of
power to be authority delegation reference delegation
delegated decision
(5) (1) Determining the grading Tier 4 Manager 23 May 2013 Resolution number 1 July 2013
Definition of system on behalf of the Environmental GB/2013/48
Grade and council. Health
Grading
(5) (3) Amending explanatory Tier 5 Manager 23 May 2013 Resolution number 1 July 2013
notes and attachments to Policies and GB/2013/48
the bylaw on behalf of the Bylaws
council.
(8) (5) Prescribing standards for Tier 4 Manager 23 May 2013 Resolution number 1 July 2013
grading premises on behalf Environmental GB/2013/48
of the council. Health
(10) (7) To determine the Tier 4 Manager 23 May 2013 Resolution number 1 July 2013
appropriate controls on food Environmental GB/2013/48
stalls on behalf of the Health
council.
Page 2Last updated Additional Information to
23 May 2013 Food Safety Bylaw 2013
Section 4: Register of controls
Action Description Date of Decision reference Commencement
decision
Section 5: Licence process (not applicable to this bylaw)
Action Description Date of decision Decision reference Commencement
Section 6: Enforcement powers
Legislative provision Description
Health Act 1956 23 General powers and duties of local authorities in respect of public health
Subject to the provisions of this Act, it shall be the duty of every local authority to improve,
promote, and protect public health within its district, and for that purpose every local authority is
hereby empowered and directed—
(a) to appoint all such environmental health officers and other officers and servants as in its
opinion are necessary for the proper discharge of its duties under this Act:
(b) to cause inspection of its district to be regularly made for the purpose of ascertaining if any
nuisances, or any conditions likely to be injurious to health or offensive, exist in the district:
(c) if satisfied that any nuisance, or any condition likely to be injurious to health or offensive,
exists in the district, to cause all proper steps to be taken to secure the abatement of the
nuisance or the removal of the condition:
(d) subject to the direction of the Director-General, to enforce within its district the provisions of
all regulations under this Act for the time being in force in that district:
(e) to make bylaws under and for the purposes of this Act or any other Act authorising the
making of bylaws for the protection of public health:
(f) to furnish from time to time to the medical officer of health such reports as to diseases,
drinking water, and sanitary conditions within its district as the Director-General or the medical
officer of health may require
Local Government Act 2002 Section 239 Offences punishable on summary conviction
(1) Every person commits an offence and is liable on summary conviction to the penalty set out in
section 242(4) or (5), as the case may be, who breaches a bylaw made under Part 8.
(2) A District Court presided over by 2 or more Justices has jurisdiction in respect of any summary
offence that is a breach of a bylaw made under section 147
Section 242 Penalties for offences
(4) A person who is convicted of an offence against a bylaw made under Part 8 (other than a bylaw
made under Part 8 referred to in subsection (5)) is liable to a fine not exceeding $20,000.
Section 7: Offences and penalties
Provision Description of offence Fine Infringement Other penalty
fee
Clause 18(1) Breach of bylaw Max $20,000 NA
Section 8: Monitoring and review
Performance indicator Measured by Target
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