Services

Food Stalls at Markets

Introduction to the Food Act 2014

Regular food sellers need to know their obligations under the new Act and may need to apply for registration with the Council by March 2018.

Check out the Ministry for Primary Industries online guide to see who needs to register and listen to our Environmental Standards Manager talk about what is changing and when. (Thanks to Coast Access Radio 104.75FM for the reuse of this interview).


Email us or call the Food Team on 0800 486 486 if you have more questions about your business and the Act.

 

In March 2016 the Government enacted the Food Act 2014 and consequently the Kāpiti Coast District Council Policy on Approval of Food Stalls at events and markets has been largely superseded.  A summary of the changes and what this means for food stalls operating at markets and events has been summarised below.

This page contains information or links to information on:

Businesses that require registration

Food sales that are exempt from the requirement to register

Businesses that do not need to change

What are the changes?

Information on how to become a registered food business

Frequently asked questions

Kāpiti Coast District Council policy on Approval of Food Stalls

Food Stall application form

Fundraising

Food sales on one occasion (exempt)

Guidance for Market Managers

Guidance for Event Organisers

Businesses that require registration

As of March 2016 any new food sellers at markets and events (excluding charity fundraisers and exempt food sales) are required to be registered under the Food Act 2014.

Food Sellers who:

  • are currently registered under the Food Hygiene Regulations 1974, or
  • are a Market Approved Operator approved under our policy – Approval of food stalls at events, markets and other sites, or
  • were previously exempt from the requirement to become registered (i.e. fruit and vegetable sellers)

can continue to operate but will be required to operate under the new system by their transition dates detailed below, as specified in the Food Act 2014.

 

What

When

Risk Based Measure

Mobile food vendor, preparing or cooking food

March 2018

Food Control Plan

Food stall preparing or cooking food for sale

March 2018

Food Control Plan

Sale of cakes, biscuits or bakery style goods (made at home or   elsewhere)

March 2018

Food Control Plan

Sale of shelf stable preserves (made at home or elsewhere)

November 2018

National Programme (NP2)

Fruit or vegetable sales (selling produce they have not grown)

March 2018

National Programme (NP3)

Honey

November 2018

National Programme (NP1)

Olive oil sales (where you extract or bottle your product at home or elsewhere)

November 2018

National Programme (NP3)

Coffee cart or stall

November 2018

National Programme (NP1)

Processor of nuts and seeds

Now

National Programme (NP2)

Manufacture of cereal type products

November 2018

National Programme (NP2)

Retailer of manufacturer packaged ice cream or iced confectionary

November 2018

National Programme (NP1)

Operator of a deemed food control plan

November 2018

Food Control Plan

 

Who does not have to be registered to sell food at a market?

Type   of food seller

Requirement

Fruit or vegetable grower only selling unprocessed fruit or vegetables they have grown, direct to the consumer

Exempt

(must not sell ready to eat salads)

Charity or fundraising group selling food less   than 20 times per year

Exempt

A person selling food on one occasion per year

Exempt

A retailer selling manufacturer packaged shelf   stable food (packaged nuts, chips, confectionary)

Exempt

Provided they are not the manufacturer and food is properly labelled

 

Who does not have to change?

Egg producers and sellers

Who currently operate a Risk Management Programme   registered with Ministry for Primary Industries (MPI)

Manufacturers

Who currently operate a Custom Food Control Plan registered with MPI

Food sellers who are currently registered under the Food Act 2014.

A business which has registered since March 2016

 

What are the changes?

All operators who must become a registered food business must operate under a Risk Based Measure, either a Food Control Plan (FCP) or National Programme (NP).

FCP businesses can include cakes, bakers, butchers, people cooking food for sale at the market

NP businesses can include coffee carts (NP1), olive oil producers (NP3), preserves manufacturers (NP2), fruit and vegetable sellers (NP3).

Registration

Most businesses will be registered with the Council where their base business is located.

FCP businesses will register each year, NP businesses will register every 2 years.

Verification

Verification is a process where a verifier visits your business to determine if you are able to demonstrate (by reality check and records) that you are complying with the FCP or NP requirements.

FCP business will be verified by the Council they are registered with.

NP businesses will be verified by a third party verifier (Council staff are not approved third party verifiers).

Verification frequency

Where businesses can demonstrate they are complying with the requirements and gain an acceptable outcome, verification frequencies can be reduced which will save money.  On the other hand if businesses do not gain acceptable outcomes verification frequencies can increase.

FCP business – 2 acceptable outcomes means your business can go from 12 month verifications to 18 month verifications.

NP3 business – 1 acceptable outcome means your business can go to 2 yearly verifications.

NP2 business - 1 acceptable outcome means your business can go to 3 yearly verifications.

NP1 business - 1 acceptable outcome means your business does not require further verification.

 

Information on becoming a registered food business

For more information on risk based measures such as a Food Control Plan or a National Programme or for information on how to apply for registration click here.  Or if you want to apply for registration, download an application form.

If you are unsure where you fit in the current legislation click on the link to the “Where do I fit tool” or contact one of our Food Officers on 0800 486 486.

Council is planning regular sessions for food businesses operating under the new system to understand requirements, to book to attend one of these sessions please contact a Food Officer on 0800 486 486.

Are you thinking about opening a new business? We encourage you to come to our business start up group to talk about requirements, please see the application form.  Alternatively you can read our "Your success, our business" publication.

Frequently asked questions

What do I need to do to register a food business so I can sell food regularly at a market or event?

Apply to register your business with Kāpiti Coast District Council.  Here is a link to information on the application process and the application form.

Once registered, apply to a market or event organiser for a site.

Can I prepare food for sale at markets and events in my home kitchen?

Yes, provided you gain registration, and ensure that your nominated verifier can enter the property to verify that the business us adhering to its Food Control Plan or National Programme requirements.

Once I am registered as a food business what markets or events can I sell my food at?

Once you are registered you can sell your food at any market or event anywhere with the permission of the  manager/organiser, provided that the scope of food preparation and sales at the market/event is covered in your scope of registration.  For instance a person registered for the manufacturer of cakes and biscuits cannot make bacon and egg sandwiches for sale at the market or event, or a person registered to extract or pack and sell honey cannot sell preserves.

Can I prepare and cook food for sale at the market or event?

Preparation and cooking of food for sale at a food stall can be undertaken in a registered mobile food business or at a food stall that is covered under the scope of an existing food registration.  For instance, a registered butcher who wants to sell steak sandwiches at a market or event more than once will need the food stall covered in their scope of registration at the base business.

Ensuring adequacy of clean water and waste water disposal is essential to ensuring stallholders can maintain basic hand hygiene, utensil cleaning and cross contamination practices. "One off" operators preparing or handling unpackaged food at an event should ensure they have a supply of clean running water and a container to collect waste water.  This can be achieved by having a 10 litre container of water fitted with a tap, placed on a table with a collection container placed on the ground. 

What are my responsibilities with regard to food safety at a one off event?

For information on responsibilities, tips for a safe food stall here is a link to information from the Ministry for Primary Industries.

 

Kāpiti Coast District Council policy – Approval of Food Stalls at Events, Markets and other sites

Our Policy – “Approval of Food Stalls at Events, Markets and other Sites” is no longer applicable to new food businesses wanting to sell food at markets and events and will be completely superseded by February 2019.  Any home based businesses which want to apply to be a market approved operator now need to apply for registration of either a Food Control Plan or a National Programme.

To view the policy - Approval of Food Stalls at Events, Markets and other Sites click here

 

Charities and fundraising food stalls

Under the Food Act 2014 a charitable/fundraising foodstall can operate 20 times in any one year period without requiring registration or approval to operate.   This means that fundraising food stalls at sports clubs, or school one day fundraisers,  fundraising sausage sizzles and cake stalls are still exempt from registration.

Although a fundraising foodstall does not require approval from the Council to sell food on occasion, if you are operating your stall as part of an event or market the organiser may require that Council staff screen your application. If this is the case please complete this application form.  Once complete you can email the application to licence.application@kapiticoast.govt.nz and our Food Officers will process the application free of charge. 

Remember that if you are considering having a fundraising foodstall on any land other than your own, then you need the permission of the landowner, market manager or event organiser regardless of whether Council staff have approved a food stall application.

For food safety information, food safety tips or checksheets for the operator of the fundraising foodstall click here for a link to the Ministry for Primary Industries webpage.

Exemption for a person who prepares and/or sells food once per year.

Under the Food Act 2014 a person who wants to sell food once in any year can do so, you do not have to apply to the Council for approval.

Although you do not require approval from the Council to sell food on this one occasion, if you are operating your stall as part of an event or market the organiser may require that Council staff screen your application. If this is the case please complete this application form.  Once complete you can email the application to licence.application@kapiticoast.govt.nz and our Food Officers will process the application free of charge. 

Remember that if you are considering having a foodstall on any land other than your own, then you need the permission of the landowner, market manager or event organiser regardless of whether Council staff have approved a food stall application.

For food safety information and tips and an outline of your responsibility to sell safe and suitable food please see information from the Ministry for Primary Industries.

 

Guidance for Market Managers

Council staff are happy to work pro-actively with market managers to ensure that food sales at markets are undertaken lawfully and to ensure that food sold at markets is safe. 

  • Registered operators should always be able to show you a copy of their current certificate of registration of the food business.  However if you have any concerns contact a food officer on 0800 486 486 to discuss the situation.
  • Market managers are likely to have prospective stallholders who advise they are exempt from the requirement to be registered (ie a fundraising stallholder or a person selling food on a "one off" occasion in a year).  If you are unsure whether to allow them to operate, Council offers a free screening service for your piece of mind.  Ask the stallholder to complete an application form and send to our food officers at licence.application@kapiticoast.govt.nz and we will check the application and get back to you and the food stall operator.

Our Food Officers encourage market organisers to ensure that food stallholders have access to an adequate safe water supply and a disposal point for waste water so that personal hygiene can be adhered to especially where people are handling unpackaged food.

Council Food Officers may from time to time contact you for a list of food sellers at your market and their contact details.  We appreciate your help with this as keeping these details up to date can help with prompt follow up in relation to food complaints, food borne illness or food recalls.

 

Guidance for event organisers

Council staff are happy to work pro-actively with event managers to ensure that food sales are undertaken lawfully and to ensure that food sold at the event is safe. 

  • Registered operators should always be able to show you a copy of their current certificate of registration of the food business.  However if you have any concerns contact a food officer on 0800 486 486 to discuss the situation.
  • Event organisers are likely to have a large number of prospective stallholders who advise they are exempt from the requirement to be registered (i.e. a fundraising stall or a person selling food on a "one off" occasion in a year).  If you are unsure whether to allow them to operate, Council offers a free screening service for your piece of mind.  Ask the stallholder to complete an application form and send to our food officers at licence.application@kapiticoast.govt.nz and we will check the application and get back to you and the food stall operator.

 

Food Safety and Infrastructure at events

Many food stalls have only a limited supply of clean water and waste waste water disposal.  Council staff recommend that any event organiser ensures that all food stalls have easy access to a tap where they can refill containers with town supply water and a disposal point where they can dispose of waste water.  Ensuring adequacy of clean water and waste water disposal is essential to ensuring stallholders can maintain basic hand hygiene, utensil cleaning and cross contamination practices.

If you have any questions related to food safety at the event please contact a food officer on 0800 486 486.