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Food premises and food stalls bylaws

From City Scene, published on 16 March 2008

This proposal aims to revoke parts 15 (Food Premises) and Part 16 (Food Stalls) of the Auckland City Consolidated Bylaw 1998 and replace them with Auckland City Council Food Premises Bylaw 2008 and Auckland City Council Food Stalls Bylaw 2008. These two bylaws share many similarities, including their purpose, aims, terms and content. They are therefore to be reviewed together for the purposes of this summary of information. The council considers that bylaws are the most appropriate way of addressing the problems associated with the food premises and food stalls.

Food premises bylaw

The proposed bylaw builds on the provisions of the current bylaw without altering its nature and purpose. The proposed bylaw will:

  • allow an environmental health officer to close any food premise that is deemed to be in a state of disrepair or in such a condition that food may be exposed to contamination, taint or dirt
  • prevent any food premises operating unless they hold a current certificate of registration or have been given interim approval to operate
  • set standards of food hygiene training required to open and run food premises, including requiring an approved basic food hygiene course to be passed before a certificate of registration will be issued
  • allow environmental health officers to undertake grading for all registered premises and issue a grading certificate noting the appropriate grade of those particular premises. This certificate must be kept visible at all times and not concealed in any way
  • ensure premises that hire utensil, dish, glass, crockery, cutlery, or other appliances or equipment have been approved by an environmental health officer and comply with standards of cleanliness, proper construction and provide all necessary facilities to run a safe and hygienic operation
  • set standards for food sold to private premises, ensuring sellers are registered and are selling hygienic and adequately prepared food.

No major re-write of the Food Premises Bylaw is at this stage necessary or proposed. New national legislation for the preparation and sale of food may come into force in the next two years. Depending on the form of this legislation, the council may have to review its Food Premises Bylaw. In light of this, only minor changes are necessary or proposed.

Food stalls bylaw

The proposed bylaw builds on the provisions of the current bylaw without altering its nature and purpose. Food stalls sell food from temporary premises or locations such as from mobile shops, stalls at markets, fairs and festivals, and fundraising events. The proposed bylaw will:

  • ensure all stalls, containers and appliances are regularly cleaned and made tidy
  • ensure all food to be delivered, awaiting sale or being stored is stored in protective containers, and if the food is perishable it is maintained at suitable temperatures to prevent the food from being contaminated or spoiling
  • ensure a first aid kit is kept onsite
  • ensure refuse receptacles are provided and are emptied daily and regularly cleaned
  • ensure water is stored on site to enable clients to wash their hands and to allow stalls, equipment, appliances and containers to be cleaned
  • require a wastewater receptacle to be kept onsite to store wastewater that will be emptied regularly
  • require that food is prepared in accordance with good hygiene practise
  • that all workers are dressed accordingly to prevent contamination of food and that staff do not smoke while close to the stall, wash hands regularly and cover all wounds
  • require stalls to be constructed and maintained in such a way that will not contaminate the food and that will ensure adequate ventilation, lighting, and facilities to wash equipment, appliances and hands
  • ensure that no person operates a food stall without a properly displayed food stall certificate
  • require the manager or operator of a food stall to be adequately trained to ensure food is always prepared safely
  • require managers of events to take responsibility to ensure the food stalls at that event adhere to the provisions of this bylaw (s16.6).

The amended bylaw aims to address the same matters that are in the existing bylaw. The proposed bylaw seeks to clarify the difference between the construction requirements and operational requirements of the existing bylaw by separating them. The proposed bylaw adds new clauses requiring the training of food stall operators and the responsibilities of event managers where food stalls are provided. A charitable cause that operates a single food stall shall not require a food stall certificate provided that such charitable cause shall be limited to operating one food stall no more than a maximum of 12 days per calendar year.