Starting a small business selling food

First steps in starting a food business The legislation you need to comply with Exporting food overseas Changes coming to New Zealand food legislation Getting started selling food from your home kitchen, a vehicle, at a market or roadside stall Organising an event where food will be sold Starting to distribute, store or transport food Food bottling and packaging, food grade containers and display of food Using cleaners, sanitisers and chemicals for microbial control Selling pet food Related topics Learn about the first steps to starting a small business selling food in New Zealand; including selling from a roadside stall, mobile vehicle or market. We cover registering a food business, the food safety and hygiene standards and other legal requirements you must comply with to keep your customers safe. We also suggest where to get further advice, including if you plan to export.

First steps in starting a food business

Selling food usually requires the business to be registered. There are two ways to achieve this: 1. The first is to operate from premises that meet the registration requirements of the Food Hygiene Regulations 1974; and which are inspected by the local council (Territorial Authority) for the area 2. The alternative is to develop a Food Safety Programme (FSP) that is registered with NZFSA and which is audited by an independent auditor. If you are intending to sell food to raise money for charity you may be exempt from some registration requirements. However, these types of activities may be subject to local Territorial Authority bylaws. Food for fundraising, fairs, charity and promotions

Registering a food business with the Territorial Authority

To start the registration process, contact your local council. The councils Environmental Health Officer will be able to inform you of national and local council requirements to start a food business in that area. It is a good idea to go to the council with a plan identifying what you intend to do and where you would like to do it. For example, if you intend to start a business in an empty building, you could make a simple sketch of where you plan to put the fixtures and fittings, such as: sinks hand wash basins chilled storage

 food preparation areas cookers food displays location of water supplies and drainage ventilation access. This will help the Environmental Health Officer to advise what other space or facilities you may need to provide in order to register the premises for a food business. If you are taking over an existing business, you will need to re-register it in your name. Check with the local council that the existing registration is appropriate for your intended business. There will be different requirements if you for example, are taking over a corner dairy but intend to open a restaurant. Also check whether the council has any legal notices or requisitions outstanding at the premises, as once you take on the business you will be expected to complete them. This information will be identified on a Land Information Memorandum (LIM) report available from your local council. If you intend to make any alterations to the business, identify what these will be and discuss with the Environmental Health Officer as above. There may be other requirements that your local council will enforce at your business, such as planning controls, building permits and liquor licensing. Your local council may also have bylaws for specific aspects of trading such as hygiene training and street trading requirements. Get contact details for your local council [Local Government Online]

Registering a Food Safety Programme with NZFSA

Premises operating an approved Food Safety Programme are not required to register with or be inspected by the local council. Instead, an independent New Zealand Food Safety Authority approved auditor must audit the business on a predetermined frequency.

What is a Food Safety Programme?

A food safety programme is a written plan designed to manage food safety. It examines all of the steps involved in producing food (from ingredient purchase through to final sale). It also identifies anything that has the potential to cause harm to the consumer (the hazards), and puts in place controls to eliminate or minimise those hazards. When the programme is completed and in place, your business will have a comprehensive food safety system to follow day-to-day. Your industry may already be operating to a code of practice. This is a set of guidelines defining minimum requirements for food safety through all stages of the production cycle, from raw materials to consumption. A code of practice will provide you with an indication of the food safety issues to be addressed by your Food Safety Programme. The first step towards registering a Food Safety Programme is to contact the Health Protection Officer at your local Public Health Unit for guidance on how to develop a Food Safety Programme.

Public Health Service contact details for New Zealand More detail about approval of a food safety programme Developing a food safety programme Codes of practice what they are and the different codes you can use The domestic food review a major review of New Zealands domestic food laws

Where can I find out if we are still registered?

Food businesses registered with a local council have to apply annually for registration. If you are an existing business, the registration certificate will show the date of expiry of the current registration. The registration certificate must be up-to-date; if it is not, contact your local council immediately. Your registration certificate must be displayed in a position where your customers can see it. NZFSA maintains the register for food businesses operating with a food safety programme. Food businesses operating a food safety programme Get contact details for your local council [Local Government Online]

The legislation you need to comply with

Businesses selling food within New Zealand must comply with the Food Act, the Food Standards Code, Food Hygiene Regulations and the Food Safety Regulations.

The Food Act 1981

The Act is the primary piece of legislation governing the safety of food for sale in New Zealand. It makes illegal preparing for sale or selling: contaminated food food that is unsound or unfit to eat any food that has in or on it anything that is harmful to health. The Act enables food safety and hygiene standards to be set. Look up the Food Act 1981

The Food Standards Code

The code is a co-operative agreement between Australia and New Zealand to develop and implement uniform standards for food suitability, such as labelling and food additives. Australia New Zealand Food Standards Code

Food Hygiene Regulations 1974

The First Schedule to the regulations sets out requirements for the registration of food premises, which include mobile food operations such as ice cream vans and pie carts as well as fixed premises. The occupier of any premises used to manufacture, prepare, pack or store food needs to ensure that, subject to certain exceptions, the First Schedule in the regulations is satisfied. The requirements include: the good construction and repair of premises keeping out pests the construction and finishes of floors, walls and ceilings lighting ventilation working space changing facilities toilet accommodation water supply hot water supply plumbing and drainage solid waste storage. In addition, the main body of the regulations contain a range of food hygiene provisions that a business, once registered, will need to take into account as part of operations, including: Part II general provisions for the conduct and maintenance of food premises Part III general provisions for the conduct of persons who deal with food for sale Part IV provisions relating to bake houses and cake kitchens Part V relates to delicatessens Part VI deals with eating houses Part VII controls the pulping of eggs Part VIII controls the preparation and sale of meat and fish Part IX relates to the sale of milk and yoghurt

 Part X deals with the storage of milk at depots Part XI regulates the manufacture of frozen confections Part XII regulates the sale of ice-cream and frozen confections Part XIII - deals with the manufacture of non-alcoholic drinks Part XIV controls food vending machines Part XV relates to breweries Part XVI relates to the preparation of wine Part XVII relates to the sale of liquor Part XVIII contains general provisions dealing with the closure of premises, offences and penalties. The registration of food premises is carried out each year, and council Environmental Health Officers may visit at any reasonable time to carry out inspections. The inspections are to ensure premises continue to meet First Schedule requirements and businesses are operating to the hygiene requirements contained in the regulations. Further information on the Food Hygiene Regulations may be obtained from your local authority. Look up the Food Hygiene Regulations 1974

Food (Safety) Regulations 2002

These regulations prescribe certain food safety standards and contain specific permissions relating to fluoridated water and the sale of hemp seed oil as food. Part 1 contains general provisions relating to food safety including: misuse of food containers safety of articles in contact with food identifying articles used with food infected persons working with food articles used with food persons in contact with infected persons supervision of the manufacture of low-acid canned food compliance with codes for the manufacture of low-acid canned foods provisions relating to certain other foods and articles.

Part 2 contains the specific permissions for fluoridated water and the sale of hemp seed oil as food. Schedules to the regulations detail tests for enamelware and ceramicware items for use with food. Look up the Food (Safety) Regulations 2002

Exporting food overseas

If your business is exporting food, the requirements will depend on what you are exporting and where you are exporting to. Your exports will need to meet the requirements of the country you are exporting to, rather than New Zealand food requirements. If you are producing food for the New Zealand market as well as for export, you will need to comply with the New Zealand legislation for any of the food sold here. Food exporting requirements please first choose the industry you are involved in eg, dairy

Changes coming to New Zealand food legislation

There has been a review of New Zealand food legislation. A new Food Bill is under consideration which will bring changes to the current legislation. This bill will be particularly significant to food businesses currently registered in accordance with the food hygiene regulations. The new Food Bill will move away from the registration of premises, instead to the registration of a plan. The business will identify the practices it has in place to produce safe and suitable food and to safeguard food throughout its operation. The plan will include all steps taken by the business; from sourcing and receiving food, through to delivery to the customer, or the customer eating it on-site or taking it away. It is a similar concept to the Food Safety Programme. A business currently operating a Food Safety Programme will be recognised and brought in to the new system. The new approach to food safety legislation will identify that anyone manufacturing, producing, preparing, storing, packing or transporting food for sale may only do so by registering and using one or more of the following tools. Off-the-peg Food Control Plan (OTP FCP): We recognise there are a number of food sectors in which similar types of businesses handle and sell similar types of foods. Rather than each business in these sectors developing its own food control plan, we will develop and publish templates (Off-the-Peg Food Control Plans) consisting of a range of good food safety practices. A business should be able to identify the practices appropriate to the scope of its operations and complete the Food Control Plan. Before the plan can be registered, a Verifier will confirm the plan covers the full range of food activities and that a business is working to the food safety practices it has identified. A business will be expected to monitor a few of the key practices to ensure that, should anything start to go wrong, it is identified early and can be put right before becoming an issue that could affect customers health. Simple records of these monitoring activities and any corrective action taken will enable the verifier to identify that, between visits, the business is consistent in its approach to food safety.

We are working with industry groups, businesses and local authorities to identify appropriate OTP FCP formats and contents. Custom-made Food Control Plan (Custom FCP): Where a business cannot operate fully to a template Off-the-Peg Food Control Plan, it will have to develop its own plan that identifies the actions it is taking to produce safe and suitable food. This may either be developed from scratch or adapted from an OTP FCP. The business will incur the cost of the preparation and evaluation of the custom-made contents of their FCP, which must be verified before being registered. National Programmes: A National Programme would be developed when there are food safety issues that are not the sole responsibility of one particular business or a particular part of the food chain. For example, monitoring pesticide residues in the horticulture sector would come under a national programme. We would develop any national programmes. Learn more about developments in the new food rules [PDF: 240K, 2 pages]

Getting started selling food from your home kitchen, a vehicle, at a market or roadside stall
Can I sell home cooking from my kitchen eg, frozen dinners?
The Food Hygiene Regulations prohibit the sale of food that is not prepared on registered premises. This is because of the risks of cross-contamination from domestic activities that happen in the kitchen. However, it may be possible to produce food for sale at your home if you provide a separate facility that meets registration requirements. You may also be required to comply with food packaging and labelling laws. You will need to meet with an Environmental Health Officer at your local council to discuss your proposal. Get contact details for your local council [Local Government Online] Food labelling understanding New Zealand's food labelling and compositional requirements

Can I use someone elses registered premises?

Yes. You may be able to prepare food at premises that are registered to someone else, depending on what you want to prepare, and the food handled by the existing business. You will need to contact your Environmental Health Officer at your local council to confirm what it is you wish to do and any other food safety requirements at that premises you will have to meet. You may also be required to comply with food packaging and labelling laws. If working alongside another food business, both businesses will have to ensure that the safety of food produced by either is not compromised by the actions of the other.

Can I sell my food from a vehicle?

Yes. Mobile vehicles may be used to sell food, but they have to meet the requirements of the Food Hygiene Regulations and be registered with the local council where they are kept, for example at your home address. There will also be requirements for any storage and preparation of food at premises before it is loaded into the vehicle. You may also be required to comply with food packaging and labelling laws. Contact your Environmental Health Officer to confirm what requirements would apply to your business. Also, check with the local authority where you intend to trade to find out if there are any other local requirements for mobile traders.

Food labelling understanding New Zealand's food labelling and compositional requirements Get contact details for your local council [Local Government Online]

Can I sell my food at a roadside stall?

Yes. A roadside stall may be used to sell food, but it will have to meet the requirements of the Food Hygiene Regulations. It may also need to be registered with the local council, depending on where it is sited. There will also be requirements for the storage, preparation and possible transport of food before it arrives at the roadside stall. You may be required to comply with food packaging and labelling laws. Contact your Environmental Health Officer to confirm what requirements apply to your food operation. Food labelling understanding New Zealand's food labelling and compositional requirements Get contact details for your local council [Local Government Online]

Are there rules for selling food at a local market?

Yes. Local Authorities generally register markets and/or permit food stalls. Food stalls have to meet the requirements of the Food Hygiene Regulations, as do the premises where the food is prepared. There are also requirements for transporting food. Contact the Environmental Health Officer at your local council to confirm the requirements that apply to the type of food you propose to sell and the market. There may be requirements to label food sold at a market stall. Contact the Health Protection Officer at your regional Public Health Unit for information on food labelling requirements. Get contact details for your local council [Local Government Online Limited] Public Health Service contact details for New Zealand Food labelling understanding New Zealand's food labelling and compositional requirements

Organising an event where food will be sold

Speak to your local council well in advance of your event, about their requirements. There may be local requirements for events in addition to food safety requirements, for example: planning restrictions traffic flow measures liquor licensing permitting of food stalls or hawkers/traders licenses. The council may also have different food safety needs for food operators depending on whether they are: operating from fixed, registered food premises at the venue operating from mobile food businesses

 operating to an approved Food Safety Programme a one-off food stall a charity fundraiser. Food for fundraising, fairs, charity and promotions Food, particularly high risk products, such as processed and cooked meats, salads, dairy products and other readily perishable foods can provide the ideal environment for the growth of bacteria which may cause food poisoning. These foods are termed high risk because they will not be processed further before being eaten. Unless these foods are properly stored, prepared, cooked, displayed, served and delivered by food handlers, there is a risk that they may either become contaminated or enable the growth of bacteria that could make people ill. Events and venues where facilities for food handlers are very limited and where the opportunity to practice good standards of hygiene are restricted, can increase the risk of foodborne illness for consumers. On the day, you will need to ensure that only those entitled to sell food are doing so at your event. The local council may assess you and stall holders on the day to ensure any agreed standards are met.

Mobile food vehicles at events

If you are including mobile food businesses at your event, make sure they are registered. Ask to see a copy of their food registration certificate before the event. An original certificate should be displayed on the vehicle and reflect the registration of that vehicle. It should also be current. Particularly if the event lasts more than one day, ask the business if they require any hook-ups, such as water supply or waste drainage so this can be organised beforehand.

Facilities at events
Depending on the venue and the type of event, you may need to think about the provision of facilities for food stalls including: dedicated toilet and hand washing facilities easily accessible to food stallholders refrigeration facilities for the temperature control of perishable stock easily accessible to food stallholders waste facilities and disposal of packaging and food waste.

Starting to distribute, store or transport food

Where can I find regulations on transportation, storage etc of my product?
The Food Hygiene Regulations include general requirements for vehicles used to carry or deliver food. The requirements include: ensuring the vehicle is clean and in good repair

 keeping the food clean and free from contamination not carrying anything with the food that could lead to its contamination (ie live animals). There are more specific requirements for transporting meat and fish. Contact the Environmental Health Officer at your local council for further information. Get contact details for your local council [Local Government Online]

Are there lists of manufacturers or distributors for animal medicines?

Yes, NZFSA have several lists. Please contact us for further information about our lists telephone +64 4 894-2500. Agricultural Compounds & Veterinary Medicines (ACVM) registers and lists Operators, businesses and people registered, approved or listed under the Animal Products Act Recognised pesticide laboratories for testing of pesticide residues in foods of plant origin Other associations for particular industry groups keep their own lists, for example, Retail Meat New Zealand and the New Zealand Retail Association.

Food bottling and packaging, food grade containers and display of food
Does vegetable oil (olive, avocado) have to be bottled in a food grade premises or can it be bottled at home?
Bottling must take place at a premises that has been registered in accordance with the provisions of the Food Hygiene Regulations or by a business that is operating a registered Food Safety Programme.

Who can tell me if certain pl astic containers are food grade?

Anyone using a container for food is required to ensure it is clean and will not taint any food or impart any foreign, poisonous or injurious substance. Information on plastics used in food operations is available from Plastics New Zealand. The six most common plastics and their uses [Plastics New Zealand]

Where can I find guidelines on refrigeration and display times for fresh or sealed products; eg, sandwiches and sushi?
The Food Hygiene Regulations refer to temperature control as follows: 1. all readily perishable food must be stored at a temperature that will protect it against deterioration and spoilage. Readily perishable food 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 foodborne illness 2. anyone storing readily perishable foods for sale must provide adequate chilled storage

3. in eating houses, all readily perishable food that has been cooked needs to be kept either below 4oC or above 60oC. The exemption to this requirement allows for a maximum of 2 hours during preparation and display, when food may be kept between these temperatures. Look up the Food Hygiene Regulations 1974

Are synthetic bottle stoppers for wine regulated?

Wine making is regulated. Wine bottle closures, both natural and synthetic, must not be a source of hazard to wine. Please contact our New Zealand Standards group for further information telephone +64 4 894-2500. Detailed information about our wine programme

Using cleaners, sanitisers and chemicals for microbial control

Is there a list of sanitisers, cleaners, antimicrobial and dish washing products suitable for use when preparing fresh food?
Standard 1.3.3 - Processing Aids, of the Food Standards Code contains lists of permitted processing aids. The lists include substances for washing, bleaching and antimicrobial uses when processing foods; eg, chlorinated water used to wash fruit or vegetables. Processing aids must not be added to food unless expressly permitted. Any commercial preparations should be used according to the manufacturer's directions. Washing solutions must not be used directly on food unless they are produced for use as processing aids and are listed as permitted processing aids under the Food Standards Code. Under Standard 1.3.1 - Food Additives of the Food Standards Code, some foods are permitted to contain preservatives; such as sulphur dioxide to control micro-organisms. Food additives that perform a technological function in the final product are labelled as an ingredient. Many food additives have stated maximum levels permitted in food. Any additive used on or in food must be of food grade under Standard 1.3.4. Others are limited by Good Manufacturing Practice.

If I use a non-detergent based dishwashing product (eg, sodium hydroxide) are there residue tests I need to do?
If good operating procedures and any directions for use are followed, testing for residues should not be needed. Please contact us for further information telephone +64 4 894-2500. Australia New Zealand Food Standards Code

Selling pet food

Are there labelling requirements for pet foods that will be packed and presented frozen for retail sale?
Labelling requirements for oral nutritional compounds exempt from registration are covered under the Agricultural Compounds & Veterinary Medicines (ACVM) Act Amendment Regulations 2005, Schedule 4. The regulations give guidance for product label requirements. Please contact us for further information email acvm@nzfsa.govt.nz or telephone +64 4 894-2500.

Related topics
Food safety training is recommended for anyone who handles food Food labelling understanding New Zealand's food labelling and compositional requirements Food date marking, use-by dates and storage instructions Calculating the shelf life of food products Chemicals, toxins, additives and contaminants in food Food for fundraising, fairs, charity and promotions