Transition

Get the information you need to help businesses as they move to the new Food Act. Find out how to deal with businesses that are still operating under the Food Hygiene Regulations 1974, businesses that are using a "deemed" food control plan, and new businesses.


Transition timetable

Check the transition timetable for when businesses operating before 1 March 2016 transition to the new Act.

Businesses registered under the Food Hygiene Regulations before 1 March 2016

Table 1 outlines how businesses that remain under Food Hygiene Regulations (until they transition) will be affected by the Food Act.

Table 1
Businesses registered under Food Hygiene Regulations What happens after 1 March 2016? Additional information
Registration Register with the relevant TA annually (no change). See section 426 (2) of the Food Act 2014.
Verification Inspection under the Food Hygiene Regulations 1974. There is no change for as long as the business remains on the Food Hygiene Regulations.
MPI Food Compliance will continue to issue Designated Officer Approvals (DOA) for premises who require this under regulation 5 (7) of the Food Hygiene Regulations.
Enforcement Enforcement undertaken by the relevant TA with support from MPI Food Compliance as required. See section 424 of the Food Act 2014.
Section 425 confirms that a Food Safety Officer is able to carry out compliance activity in relation to businesses that are still operating under the previous food regime.
IT System  Use existing TA systems.  Provide the existing registration certificate (FHR).

Businesses with current registration

Table 2 outlines how businesses with current registration under the Voluntary Implementation Programme or a Food Safety Programme before 1 March 2016, will be affected by the Food Act.

Table 2
Deemed businesses What happens after 1 March 2016? Additional information
Registration
  • Businesses with a current registration of a template Food Safety Programme (VIP) or a custom Food Safety Programme are deemed to have a registered FCP until 28 February 2019 or until they apply to register under the Act, whichever comes first.
  • These businesses will not be required to renew registration while they are deemed.
  • Businesses operating under custom Food Safety Programmes (FSP) that are deemed as FCPs will be deemed to be registered with MPI.
  • No annual registration fee is required from businesses with a deemed FCP.
  • If a business changes what they do and there is no template procedure to cover the activities they undertake the business will need to update their plan. This may require evaluation, if it is a significant amendment. If it is, a new application for registration will need to be submitted to MPI.
  • A TA can re-issue a certificate with an expiry date of 28 February 2019 if they wish. However, this is not necessary (optional) as sections 430 and 433 of the Act combine to deem the businesses’ template FSP to be a FCP so long as the template FSP is in force on 1 March 2016.
Verification Same verification frequency as the business was on prior to 1 March 2016. See regulation 89 (3) (a). Verification by a deemed verifier or a deemed recognised person (approved under the Food Act 1981 by MPI before 1 March 2016) or by a verifier recognised under the Food Act 2014.
Enforcement Enforcement undertaken by the registration authority with support from MPI Food Compliance as required. See section 424 of the Food Act 2014.
IT System The VIP Portal for deemed template FCPs
Custom FSPs registered by MPI will be deemed FCPs and managed through existing systems.
 The portal requires a user name and password.

When a new or existing business moves to the Food Act 2014

When a business transitions to the Food Act 2014, they follow the same process as a new business that starts to operate after 1 March 2016. Refer to Table 3.

Table 3
New and existing businesses What happens after 1 March 2016? Additional information
Registration Register the appropriate RBM with the appropriate registration authority (MPI or TA). See Registration Authority section. See section 52 of the Food Act for FCPs and clause 43 of the Food Regulations for National programmes.
Evaluation A custom FCP – may require evaluation (MPI will determine if this is required for a transitioning business) Evaluators and/or agencies wishing to evaluate in the competitive market must be recognised by MPI to do so.
Verification
  • Section 39 template FCP, single TA region, selling primarily directly to consumers – verification exclusive to TAs. See section 137of the Act.
  • Section 39 template FCP, not single TA region and/or not selling primarily directly to consumers- verification contestable
  • Section 40 template FCP – verification contestable
  • Custom FCP – verification contestable
  • National Programme – verification contestable
Verifiers and/or agencies wishing to verify in the competitive market must be recognised by MPI to do so.
Enforcement By the registration authority.
  • See section 424 of the Food Act 2014 for information about deemed Food Safety Officers.
  • Section 425 confirms that a Food Safety Officer is able to carry out compliance activity in relation to businesses that are still operating under the former food regime.
IT System Registration data-MAPS
Verification and enforcement data-Information Leader

Download the MAPS User Guide [PDF, 2 MB]

Who to contact

If you have questions about the information on this page, email info@mpi.govt.nz.

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