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Food Act case studies

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CafeCorner dairy

Lorraine runs a cafe in Makara, Wellington. Watch how she uses a food control plan in her business.

Video - Makara Cafe talk about their food control plan

[An animated yellow sign board with "Lorraine's story" written on it drops in from the top of the screen with words 'Food safety at my cafe' appearing underneath it. An animated picture of a cafe surrounded by green grass, a tree, table with 2 chairs under an umbrella appears on the right. A seashore scene with hills in the background moves along the score to the front entrance of Makara Cafe where cafe owner, Lorraine is busy opening the door. Inside the cafe, she serves a customer behind the counter, later sits on a coach with her food diary on her lap and talks about how she uses the food control plan whilst scenes in the dining area and outside the cafe are shown.]

John and I bought the café in 2006 having had no experience in hospitality or café work before.

When we first got here the café was closed, it had been closed down. There was an outstanding building code of compliance on it. John had to go through with the council and they were really, really good.

The council, the plumbing inspections, the building inspectors and the health people came as well and they were really, really keen to get the café up and running again.

Suppliers won’t deliver down here so I have to keep the menu very simple, so we do hot chips, toasted sandwiches, fish and chips, BLATs, salads, you know, just very basic.

Health inspectors from the council came and recommended that I start doing the food plan, which was OK, they went through it all with me.

Initially it involved setting up a diary – a cleaning schedule, staff training and just some basic management components really.

Every day on a daily basis you’ve got to do your refrigeration chiller temperatures and once a week you have to check for rodents, which I do every day anyway because of where we’re living.

And just general cleanliness obviously, for hospitality and kitchen control. Obviously, staff issues, with staff health. You wouldn’t want anybody being sick on the site.

In terms of the diary, I just do that once a day each day. You’re basically reporting on things that have gone wrong.

A lot of it is common sense, a lot of it is part of your training and if you’re a chef you’d have done all of this sort of work anyway.  But it was just really good for me to show my staff, we employ young kids, you know, when they’re coming in they’ve got no idea about food control and so I found this really good actually.

[End of transcript]


College cafe

multiple storey school building with road near entrance surrounded by trees and grass

A college decides to open a cafe on campus to provide food to staff and students. Even though it is part of a college, the cafe still needs to operate under the Food Act. They will need either a food control plan or a national programme, depending on the food they serve.

If they cook or prepare their own food, including making meals, sandwiches, salads, cakes or deserts, they will need a food control plan.

If they sell food like sandwiches, pies, and cakes that have been made by another business then they will operate under National Programme 3.

Corner dairy

yellow corner dairy building surrounded by grass, a tree and a road

Huia runs a dairy, selling a wide range of food, including pre-packaged lollies and biscuits, cakes and ice creams, pies, sandwiches and wraps. She doesn’t make any of the food herself.

Because some of the food Huia sells must be kept cold, the dairy must operate under National Programme 2. However, if Huia reheats the pies, or scoops ice cream from a tub, she will operate under National Programme 3 as this means she is handling food.

Early childhood education providers and kōhanga reo

school playground in front of part of a school building with white bench at front

Dianne owns and manages an early childhood education centre which charges a fee to parents. Part of the fee pays for lunches. She employs a cook to prepare lunches such as lasagne and shepherds pie. Even though the main activity at the centre is caring for children, the food is being provided as part of the paid service. This means Dianne needs to operate under National Programme 2. Dianne registers with her local council.

Ngaire is in charge of a kōhanga reo. There are no fees to attend. Parents prepare food at home and bring it to share with the children. Because there is no fee to be part of the kōhanga reo, there is no sale taking place. This activity is outside the scope of the Food Act and no registration is needed.

Read more examples of how the Food Act 2014 applies to early education services

Event stands

food van selling burgers standing on grass near 2 picnic tables with benches

Sasha runs a food stall at sports and cultural events across the country. She makes burgers, hot dogs and chips and sells soft drinks, tea and coffee. Sasha needs a food control plan.

She can register her plan with the council where she keeps her stall when it isn't being used. Even though she operates in several different local council areas, she only has to register with the council where she is based.

She can use an FCP template provided by MPI.

Market stalls

three blue marquees set up as market stalls standing on grass with tables in each selling cakes, cupcakes and homemade goods

Valery runs a market stall every Saturday. She sells handmade birthday cards, picture frames and other gifts. She also sells homemade cookies and fairy cakes. She needs a food control plan to cover the sale of her cookies and cakes.

Mark runs a market stall next to Valery’s every Saturday. He sells garden sculptures and water features. Once a month he sells cupcakes to raise money for his favourite charity. Mark is not required to operate under a food control plan or a national programme because he is selling food for fundraising purposes less than 20 times a year.

Motel

motel building entrance with small pond, tree and benches across a path from the main entrance

Sarah runs a motel, making breakfast for her guests, but not lunch or dinner. Under the Food Act 2014, Sarah is not required to operate under a food control plan or a national programme, as she is only providing food to resident guests. However, she must make sure that the food is safe and suitable to eat.

Sarah sometimes rents out her kitchen to other companies who use it to prepare catered meals. The catering companies, not Sarah, would need to be registered with a food control plan.

However, if Sarah starts making food for people who are not her guests, she will need to register with a food control plan. This is because she would now be operating like a cafe or restaurant.

Rugby club

marquee and barbeque set up near picnic tables and benches on side of rugby field

Sefa runs a local rugby club. The club has an on-site bar and kitchen, which makes and serves meals like sandwiches, burgers and fries to members. The bar and kitchen are open Friday, Saturday and Sunday every week. Under the Food Act 2014, Sefa will need a food control plan.

On match days, club volunteers make sandwiches and cakes for after-match team teas. The volunteers do not need to operate with a food control plan or national programme because the rugby match, not the tea, is the purpose of being at the club. Volunteers still need to make sure that the food is safe and suitable to eat.

Superette

supermarket building entrance

Min-jun runs a superette, selling packets of biscuits and chips, cartons of milk, and cheese. He doesn't make or package any of this food himself. Min-jun needs to operate under National Programme 2, as he needs to keep some of the food he sells cold.

He also has a small bakery on site, where he makes and sells bread and bread rolls. Under the Food Act 2014, making bread can also be carried out under National Programme 2. Min-jun can register both activities under one registration.

However, if Min-jun decides to make pies in his bakery, he will need a food control plan (FCP).That's because there are more things that could go wrong making a pie that is safe to eat than making bread. He can use an FCP template provided by MPI.

Min-jun has 2 options for registering his business:

  • Register the superette and bakery separately: This means that only his bakery would need to operate under a food control plan. His superette could still operate under National Programme 2, which does not require a written plan, and must meet fewer requirements. But splitting the superette from the bakery will increase his costs because he will have to pay for 2 separate registrations.
  • Register all his activities under a food control plan: This means including lower-risk activities, like selling cartons of milk and packets of cheese, in his plan. Choosing this option will be cheaper because he'll pay only once for registration and verification. Again, he can use the FCP template provided by MPI.

Who to contact

If you have questions about the Food Act email  info@mpi.govt.nz .

Huia runs a dairy, selling a wide range of food, including pre-packaged lollies and biscuits, cakes and ice creams, pies, sandwiches and wraps. She doesn’t make any of the food herself.

Because some of the food Huia sells must be kept cold, the dairy must operate under National Programme 2.

However, if Huia reheats the pies, or scoops ice cream from a tub, she will operate under National Programme 3 as this means she is handling food.

Superette

Min-jun runs a superette, selling packets of biscuits and chips, cartons of milk, and cheese. He doesn't make or package any of this food himself. Min-jun needs to operate under National Programme 2, as he needs to keep some of the food he sells cold.

He also has a small bakery on site, where he makes and sells bread and bread rolls. Under the Food Act 2014, making bread can also be carried out under National Programme 2. Min-jun can register both activities under one registration.

However, if Min-jun decides to make pies in his bakery, he will need a food control plan (FCP).That's because there are more things that could go wrong making a pie that is safe to eat than making bread. He can use an FCP template provided by MPI.

Min-jun has 2 options for registering his business:

  • Register the superette and bakery separately: This means that only his bakery would need to operate under a food control plan. His superette could still operate under National Programme 2, which does not require a written plan, and must meet fewer requirements. But splitting the superette from the bakery will increase his costs because he will have to pay for 2 separate registrations.
  • Register all his activities under a food control plan: This means including lower-risk activities, like selling cartons of milk and packets of cheese, in his plan. Choosing this option will be cheaper because he'll pay only once for registration and verification. Again, he can use the FCP template provided by MPI.

Motel

Sarah runs a motel, making breakfast for her guests, but not lunch or dinner. Under the Food Act 2014, Sarah is not required to operate under a food control plan or a national programme, as she is only providing food to resident guests. However, she must make sure that the food is safe and suitable to eat.

Sarah sometimes rents out her kitchen to other companies who use it to prepare catered meals. The catering companies, not Sarah, would need to be registered with a food control plan.

However, if Sarah starts making food for people who are not her guests, she will need to register with a food control plan. This is because she would now be operating like a cafe or restaurant.

Market stalls

Valery runs a market stall every Saturday. She sells handmade birthday cards, picture frames and other gifts. She also sells homemade cookies and fairy cakes. She needs a food control plan to cover the sale of her cookies and cakes.

Mark runs a market stall next to Valery’s every Saturday. He sells garden sculptures and water features. Once a month he sells cupcakes to raise money for his favourite charity. Mark is not required to operate under a food control plan or a national programme because he is selling food for fundraising purposes less than 20 times a year.

Event stands

Sasha runs a food stall at sports and cultural events across the country. She makes burgers, hot dogs and chips and sells soft drinks, tea and coffee. Sasha needs a food control plan.

She can register her plan with the council where she keeps her stall when it isn't being used. Even though she operates in several different local council areas, she only has to register with the council where she is based.

She can use an FCP template provided by MPI.

College cafe

A college decides to open a cafe on campus to provide food to staff and students. Even though it is part of a college, the cafe still needs to operate under the Food Act. They will need either a food control plan or a national programme, depending on the food they serve.

If they cook or prepare their own food, including making meals, sandwiches, salads, cakes or deserts, they will need a food control plan.

If they sell food like sandwiches, pies, and cakes that have been made by another business then they will operate under National Programme 3.

Rugby club

Sefa runs a local rugby club. The club has an on-site bar and kitchen, which makes and serves meals like sandwiches, burgers and fries to members. The bar and kitchen are open Friday, Saturday and Sunday every week. Under the Food Act 2014, Sefa will need a food control plan.

On match days, club volunteers make sandwiches and cakes for after-match team teas. The volunteers do not need to operate with a food control plan or national programme because the rugby match, not the tea, is the purpose of being at the club. Volunteers still need to make sure that the food is safe and suitable to eat.

Early childhood education providers and kōhanga reo

Dianne owns and manages an early childhood education centre which charges a fee to parents. Part of the fee pays for lunches. She employs a cook to prepare lunches such as lasagne and shepherds pie. Even though the main activity at the centre is caring for children, the food is being provided as part of the paid service. This means Dianne needs to operate under National Programme 2. Dianne registers with her local council.

Ngaire is in charge of a kōhanga reo. There are no fees to attend. Parents prepare food at home and bring it to share with the children. Because there is no fee to be part of the kōhanga reo, there is no sale taking place. This activity is outside the scope of the Food Act and no registration is needed.

Read more examples of how the Food Act 2014 applies to early education services

Who to contact

If you have questions about the Food Act email  info@mpi.govt.nz .


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