Bylaws Part 23: Food Safety
The objective of this Bylaw is to ensure that all establishments preparing food for sale have on the staff, persons who are adequately trained in food hygiene. The Bylaw also aims to ensure that safe food is available in all food premises throughout the District.
This Bylaw is made under the authority of the Local Government Act 2002 and the Health Act 1956.
1.0 Short title and commencement
The title of this bylaw is the Hastings District Council Food Safety Bylaw 2010, being part 23 of the Hastings District Council Bylaws.
The bylaw comes into force on 29 March 2010
2.0 Scope
So far as they are applicable, and are not contrary to the provisions of this bylaw, the provisions of the Introductory Bylaw 2010 are incorporated into and form part of this bylaw.
3.0 Definitions
Authorised Officer means a duly authorised officer of the Council.
Certificate means a qualification in food safety approved by the District Environmental Health Officer as issued by the New Zealand Qualifications Authority or an equivalent certificate assessed by the District Environmental Health Officer.
Council means the Hastings District Council
Food shall have the same meaning as in Section 2 of the Food Act 1981.
Food Handler means any person employed in or on any food premises who at any time may be involved in the manufacture, preparation or packing of food.
Food Premises shall have the same meaning as in Regulation 2 of the Food Hygiene Regulations 1974 but shall not include occasional food premises as defined in that Regulation or fully exempted premises.
Occupier shall mean the owner of the food premises or any persons, occupying the premises and includes any supervisor, food handler, manager or agent acting or apparently acting in the general management or control of the food premises.
4.0 Compulsory training for food handlers
4.1 All food premises are required to have food handling staff trained to the appropriate certificate levels as set out under the First Schedule of the Bylaw.
4.2 It shall be the duty of the occupier of every food premises to ensure that new, temporary, or replacement staff are already trained to the appropriate level required by the First Schedule or will gain the required level within three months of employment.
4.3 Every food premises shall have at least one person employed in a supervisory and staff training capacity who is trained to the level required under the First Schedule.
4.4 In the case of food premises which consist of separate departments or sections, each of which functions more or less in isolation from the others at least one person shall be appointed to act in a supervisory position within each separate department or section (as referred to in section 4.3).
4.5 The occupier of every food premises shall ensure that adequate records are kept relating to staff training under the First Schedule and that copies of all certificates gained by staff are displayed publicly on the premises for perusal by an Authorised Officer or the public. Photocopies or facsimiles of all certificates are to be provided to Hastings District Council for record purposes.
5.0 Closure of premises
5.1 Where any food premises or part of any food premises or any appliance, fitting or fixture or other equipment on any food premises by reason of their situation, construction, disrepair, or state are in such a condition that any food in the food premises may be exposed to contamination or taint or become dirty or deteriorated, an Authorised Officer may serve a notice in writing on the occupier of the premises requiring him/her:
- To cease to use the premises as food premises, and / or to clean or reconstruct, or to repair the premises, or part of the premises, or;
- To cease to use or to clean, reconstruct, or repair any appliance, fittings, fixture or other equipment on those premises
in accordance with the requirements and within the time specified in the notice.
5.2 Where an occupier has been directed to cease to use any food premises the occupier shall not recommence use of those food premises until permission has been given in writing by an Authorised Officer.
6.0 Offences and penalty
6.1 Every person who breaches the terms of this Bylaw commits an offence and is liable accordingly under the provisions of the Introductory Bylaw 2010 being part 1 of the Hastings District Council Bylaws.
This bylaw was made by the Hastings District Council at a meeting of the Council on 24 March 2010 and must be reviewed within 10 years from commencement.
First Schedule
Staff activity on premises | Staff training required |
| No training required |
| Level 1: Basic or Elementary Food Hygiene – must include a basic understanding and the reasons for: |
| Level 2: An Equivalent Level to NZQA Unit 168 – Food Safety – which must ensure that the food handler can: (i) demonstrate knowledge of the hazards that can cause food-borne illness and food spoilage in a food business; and (ii) demonstrate knowledge of methods used in a food business to control hazards that can cause food-borne illness and food spoilage. |
| Level 3: Food Safety Planning – the supervising food handler should be able to: 1. Identify and understand basic food safety legislation. (i) Food Hygiene Regulations 1974
(ii) Food Act 1981, Amendments for exemption to registration.
2. Understand what is meant by HACCP and Risk Management Practice. (i) The principles of HACCP
(ii) Relate the principles of HACCP to your own food premises.
3. Understand the role of supervisors in achieving and maintaining compliance and good hygienic practice within the workplace. Minimum 4-hour course with compulsory assignment on “Designing a HACCP Plan for Food Premises”. Certificate of Achievement required on completion. Or such training qualification that may be approved by Council’s Environmental Health Officer. |
