Food Act 2014

Risk-based measures - Food control plans - Duties of operators of registered food control plans

50: Duties of operators of registered food control plans

You could also call this:

"What food businesses with a safety plan must do to keep food safe"

If you operate a food business with a registered food control plan, you must make sure your business follows the plan. You have to ensure your business complies with the plan and the Food Act 2014. You must also make sure your staff are trained and have the skills to keep food safe.

You need to verify your plan with a recognised agency or person after you start operating. You have to give these agencies and people access to your business so they can do their job. You must keep a copy of your plan while it is registered.

If you change your plan, you have to keep a copy of the old plan for at least four years and a copy of the new plan while it is registered. You also have to follow section 51.

If your plan covers more than one food business, you must have control over all the businesses covered by the plan. Each business owner must agree to follow the plan and the Food Act 2014. The business owners also have to make sure their staff are trained and keep food safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996144.


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49: Requirements of Act to prevail in cases of inconsistency with registered food control plan, or

"The Food Act 2014 rules always come first if they disagree with your food control plan."


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51: Operator of registered food control plan must notify registration authority of significant change in circumstances, or

"Tell the registration authority about big changes to your food control plan"

Part 2Risk-based measures
Food control plans: Duties of operators of registered food control plans

50Duties of operators of registered food control plans

  1. The operator of a registered food control plan must—

  2. ensure that the operations of the food business or food businesses to which the food control plan applies comply with the relevant requirements set out in the plan:
    1. ensure that the operations of that food business or those food businesses comply with the applicable requirements of this Act:
      1. ensure that the plan is consistent with the applicable requirements of this Act:
        1. adequately implement and resource all operations under the plan, including instructing, training, and supervising staff to achieve the safety and suitability of food and ensuring that staff have the necessary competency to achieve that purpose:
          1. ensure that all operations under the plan are commensurate with the capability and the capacity of the place, facilities, equipment, and staff to achieve the safety and suitability of food:
            1. ensure that, after commencement of the operations to which the registered food control plan relates, the plan is verified by an appropriate recognised agency or recognised person:
              1. give relevant recognised agencies and recognised persons the freedom and access that will allow them to carry out their functions and activities under this Act (including verification functions and activities):
                1. keep a copy of the plan for as long as its registration is effective:
                  1. if the plan is amended, revoked, or replaced, keep a copy of the plan (as it was before it was amended, revoked, or replaced) for a period of not less than 4 years and keep a copy of the amended or replacement plan for as long as its registration is effective:
                    1. comply with section 51.
                      1. For a registered food control plan that applies to all or part of more than 1 food business, the operator of the plan must ensure that—

                      2. the operator will have sufficient control, authority, and accountability for all matters covered by the plan in relation to the other food business or businesses, or part- business or businesses, subject to the plan’s coverage; and
                        1. the operator of each food business agrees to carry out the duties under subsection (1) for the operator's business.
                          1. The duties set out in subsection (1) also apply (so far as they are applicable to their businesses) to the operator of each food business referred to in subsection (2)(b).

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