GUIDE FOR
FOOD BUSINESS
OPERATORS
This guidance document has been designed to provide advice on legislative
and Local Government requirements for the setting up of a food business in
the Queenstown Lakes District. It also provides guidance for existing food
businesses planning to undertake alterations to their business.
> Food Act 2014
> Food Regulations 2015
> Food Notices
> Activities in a Public Place Bylaw
2016
> Australia New Zealand Food
Standard Code (Code)
> Building Act 2004
> Resource Management Act 1991
> Trade Waste Bylaw 2014
> Queenstown Lakes District
Council (QLDC) Food Grading
Bylaw 2016
Please be aware that the above list
may not include all of the relevant
legislation.
BUILDING SERVICE
Your food premise must comply with the
Building Act 2004. You may also need
to obtain a building consent before you
start any construction, renovation or
‘change of use’. For more information go
to the QLDC website or contact a QLDC
Building Officer.
You must ensure all relevant building
department approvals are obtained prior
to commencing structural work. To enable
the prompt and efficient processing of
your Building Consent, all the relevant
plans, specifications, and other paper
work should be included. A Council
Building Officer can assist with what is
required.
ENVIRONMENTAL HEALTH SERVICES -
THE FOOD ACT 2014
Depending on the the scope of operation and
the foods you sell your food business will be
allocated to a risk category. The three main
risk based categories are Custom Food
Control Plan, Template Food Control Plan
(FCP) or a National Program (NP). MPI have
put together a new tool called 'My Food Rules'
which is just a series of questions that you
answer to help determine what risk base
measures you fall into.
For more information, use the 'My Food Rules'
tool at https://www.mpi.govt.nz/food-safety/
food-act-2014/my-food-rules/
If the outcome of the 'My Food Rules'
determines that you are a Custom FCP, this is
the highest risk category and you will be
required to be registered with MPI and appoint
your own auditor
LEGISLATION
All food businesses will be required
to comply with legislations listed
below:
COUNCIL REQUIREMENTS
RESOURCE CONSENTS
Your proposed food business location
must comply with the district plan rules or
resource consent will be required. If
resource consent is required, this must be
obtained before constructing and
operating your business. If you believe
your business will comply with the district
plan, you can seek confirmation of this
from Council. For more information go to
our website or telephone QLDC and talk
to the duty planner, or request information
by email.
Please also note if resource consent
is already in place, then it is the
responsibility of the person exercising the
resource consent to ensure that they are
abiding by the consent conditions
ALCOHOL LICENCES
If you intend to sell and supply
alcohol, you need a relevant alcohol
licence. Visit our website:
www.qldc.govt.nz/services/alcohol-
licensing or call to talk to one of our
Alcohol Licensing team.
TRADE WASTE
It is recommended that you contact
the QLDC Trade Waste Officer to seek
clarification of what may be required, with
regards to the QLDC Trade Waste Bylaw.
If you have any questions about the
process, please contact: Janine Cole.
Email;
trade.waste@qldc.govt.nz or phone 03
441 0499
NATIONAL PROGRAMME (NP)
There are 3 levels of NP’s, which
are based on the food safety risk of
the activities a business undertakes:
> Level 3 – higher risk
> Level 2 – medium risk
> Level 1 – lower risk
Ensure that you have the National
Program Guidance documents which will
provide the information that you require
to help you comply with the Food Act and
also help you with your audit. The
guidance document can be found at
https://www.mpi.govt.nz/food-safety/
food-act-2014/national-programmes/
All levels of NP when based in our district
(there are different registration
requirements when you have businesses
based in more than one district) are
required to be registered with Council.
QLDC is a recognised verifier for NP’s.
You are able to opt to have QLDC as
your verifier or you can find and
nominate your own verifier. You must
advise QLDC of your nominated verifier.
Note if you choose a third party verifier
you will not receive a grade from QLDC.
All recognised NP verifiers can be found
via the following links:
www.foodsafety.govt.nz/registers-
lists/food-act-2014-recognised-
agencies/index.html or
www.foodsafety.govt.nz/registers-
lists/food-act-2014-recognised-
persons/index.html
How do I register my FCP or NP?
1. Complete either the FCP registration
or NP application form, depending on
which risk based measure you fit into
(see previous details). Also ensure
you complete the ’Scope of
Operations’ information included
in both forms. The form is a legal
document, therefore please complete it
accurately. Both application forms
can be downloaded from
our website:
www.qldc.govt.nz/services/
environmental-health/
2. Submit the completed application form
as per the below
‘Form submission and payments’
procedures. Submissions of forms can
be done online through to
services@qldc.govt.nz.
Once the invoice has been paid and we
have all the details we require your
application will be approved and you will
be emailed the registration certificate. If
we are your verifier this will have on the
certificate a P grade (pending) You are
required to print and display the
certificate in a public place, as required
by the QLDC Food Grading Bylaw 2016.
VERIFICATION
OF YOUR FOOD
BUSINESS
After registration of any new food
businesses an Environmental Health
Officer (EHO) will schedule your first
verification within 6 weeks. The auditor
will be basing the verification on the points
in the Simply Safe and Suitable as detailed
in each section in the "Show" or the points
detailed in the National Program Guidance
documents also detailed in the "Show"
Please be aware that if Corrective Actions
Requests (CAR/s) are found during
verification, you will be required to provide
details of a Corrective Action Plan
including details on how you are going to
address each area and you are required to
respond to the verifier within the agreed
time-frame. A CARs close out visit may
also be booked by the EHO If the CAR/s
response is found to not be suitably
attended to, a targeted CAR/s completion
visit will be performed by the verifier and
incur a cost of $125 per hour.
NP- OWN APPOINTED VERIFIER
Your appointed verifier will carry out the
verification within the required time frame.
Please ensure a copy of your verification
report is sent Queenstown Lakes District
Council.
TEMPLATE FOOD CONTROL
PLANS
When registering your business
under this risk category you are
required under the Food Act to use
the Template Food Control plan -
Simply Safe and Suitable to
manage food safety in your
business. It is a requirement for a
Template Food control plan
operator to have the Template
Food Control plan - Simply Safe
and Suitable. Ensure that you have
tailored the plan to your business
and are using the plan to manage
food safety. The plan tells you what
you need to know, do and show.
Once you have received your
registration you can open for
businesses as per the date on the
registration certificate.
The registration fee for FCP’s and
NP’s is $125.00. FCP’s are valid for
12 months and must be re-
registered every 12 months with
payment of $125 paid with each
registration. NP’s are valid for 2
years and must be re-registered
every 2 years with payment of $125
paid with each registration.
All Food Business fees can be
found via the following link it is
important to also ensure that you
are aware of the verification fees as
well as the registration fees:
www.qldc.govt.nz/services/
environmental-health/food-
safety-guidelines
TAKING OVER AN EXISTING FOOD
BUSINESS OR CHANGES TO YOUR
SCOPE OF OPERATION.
If you are taking over an existing food
business please contact us so we can
advise on the process.
Please be aware that the previous
owner/s is required to formally surrender
their FCP to Council or for a National
Program advise us of the change.
As the new owner you are required
to apply for registration under the
appropriate risk based measure.
CHANGES TO YOUR FOOD BUSINESS
If you undertake any of the following
changes to your operation you must notify
QLDC as your registration authority:
> Changes to your scope of operation
or adding or removing a site
> Changes to location or major
alterations or other significant
change.
> To notify QLDC of any of the above
changes please send an email to
services@qldc.govt.nz
> For more information on this
process, head to
www.qldc.govt.nz/services/
environmental-health/food-safety-
guidelines
Please also be aware, a fee of $125 per
hour will be charged to review and
update these changes to your
registration.
MOBILE FOOD BUSINESSES
You need to comply with all of the above
requirements including the Food Act
2014 requirements.
You should consider what laws and
bylaws may affect the business. You may
also need to consider contacting the
Transport Authority if you are planning to
operate near or on a main highway to
ensure what you are planning to do is
permitted. .
Please be aware, if you plan to operate a
pop up stall you must comply with
the conditions of the QLDC Activities
in Public Places Bylaw 2016. You
must register your pop up stall via the
registration form in the following link:
www.qldc.govt.nz/services/permits
If you cannot comply with the Activities in
a Public Place Bylaw 2016 conditions,
you have the following options;
1. Find a privately owned location to
lease and operate from, or
2. Contact APL Property who manage
all QLDC property to apply for a
licence to occupy (email:
Queenstown@aplproperty.co.nz,
phone: 03 440 2144), or
3. To operate on QLDC reserves, you
need to complete the Venue & Event
Enquiry Form and the venues team
will contact you regarding your
application.
HOME-BASED BUSINESSES
You still need to comply with all of the
above requirements including the Food
Act 2014 and trade waste requirements.
You should consider the following during
your planning stage:
> What laws and bylaws affect my
business
> If you are renting the property do you
have the landlord’s permission to
operate a business from the site.
Please be aware that if you are going to
start operating a commercial food
business from your residential address,
a change in use from residential use
to mix use is required to be formally
documented. Therefore, you are
required to inform the QLDC building
department of the change, by either
emailing services@qldc.govt.nz or in
writing to the below postal address. For
your information, if a building consent is
required please ensure you inform the
building department of your change in
use from residential to mixed use.
> Change in owner company name or
trading name.
> Changes to the contact details
FORM SUBMISSION AND PAYMENTS
You can submit and pay for your completed new application, transfer or renewal
forms by either of the following methods:
1. Email the completed form and pay the fee via online banking to the QLDC bank
account 02 0948 0002000 00. For existing registered food businesses, please
ensure you add the QLDC identifying number, which can be found on the
registration certificate (QLD000##), in the banking payee reference field to
ensure correct allocation of fees. For new food businesses, please add your
trading name.
2. You can drop off the application at any of the QLDC offices and pay by cash,
cheque, eftpos, MasterCard or Visa.
3. Via the following QLDC website online payments option:
https://services.qldc.govt.nz/eProperty/P1/ePay/
ApplicationPayment.aspx?r=QLDC.WEB.GUEST&f=P1.EPY.APPS.ENQ
If posting your completed new application, transfer or renewal form,
include a cheque for the invoiced fee and send to the detailed
postal address.
QLDC CONTACT
INFORMATION
POSTAL ADDRESS
Queenstown Lakes District Council Att:
Environmental Health
Private Bag 50072
Queenstown 9348
OFFICE ADDRESSES
Queenstown Office
10 Gorge Road
Phone 03 441 0499
Wanaka Office
47 Ardmore street
Phone 03 443 0024
EMAIL
services@qldc.govt.nz
WEBSITE
https://www.qldc.govt.nz/