Schedule 3 Food sectors not required to operate under food control plan or national programme

ss 3(9), 20 to 25, 28

Part 1 Overview

Details of the food sectors that are not required to operate under a food control plan or a national programme are provided in Part 3 of this schedule.

Examples are provided in Part 3 of this schedule for the purpose of clarifying the general description of food sectors. The examples do not comprise an exhaustive list of all food types or businesses in a sector to which this schedule applies.

The following provides a summary of the food sectors that are not required to operate under a food control plan or a national programme under this schedule:

(a)

accommodation providers: food for up to 10 guests:

(b)

accommodation providers: snacks or breakfasts:

(c)

home-based early childhood education services:

(d)

early childhood education service providers who undertake minimal food handling only:

(e)

fishing vessel operators who supply food to crew:

(f)

food trading: once a year:

(g)

food service sector: catering of specified nature:

(h)

food service sector: clubs, organisations, and societies (internal):

(i)

food service sector: clubs, organisations, and societies (external):

(j)

horticultural producers: direct sales of own produce to consumers only:

(k)

retailers or direct sellers of shelf-stable, manufacturer pre-packaged food.

Part 2 Interpretation

In this schedule, unless the context otherwise requires, shelf-stable, in relation to food, means that—

(a)

the food can be stored at room or ambient temperature before its packaging is opened; and

(b)

after its packaging is opened, the food may or may not require refrigeration.

Part 3 Food sectors not required to operate under food control plan or national programme

Accommodation providers: food for up to 10 guests
General description

This food sector covers persons who manage or own a building, facility, or private dwelling and within that building, facility, or dwelling provide paid accommodation for up to 10 guests per night and prepare, serve, or provide food only for those guests.

Example

An example includes but is not limited to a small farmstay where guests are invited to dine with the host family.

What this food sector does not include

This food sector does not include accommodation providers that prepare food for guests in kitchens that are not home kitchens.

Accommodation providers: snacks or breakfasts
General description

This food sector covers accommodation providers who provide paid accommodation to guests, and who only provide to their resident guests—

  • pre-packaged snacks; or

  • breakfasts; or

  • both.

Examples

Examples include but are not limited to—

  • a motel providing tea, coffee, milk, and biscuits for its overnight guests:

  • a backpackers’ lodge providing breakfast supplies (fruit, milk, cereals, bread, etc) to its guests, but not providing other food:

  • a motel that offers cooked or continental breakfast only to its guests.

What this food sector does not include

This food sector does not include accommodation providers that provide food to non-resident guests and other members of the general public.

Home-based early childhood education services
General description

This food sector covers food businesses and persons who provide home-based early childhood education services and who prepare or prepare and serve food for the children in their care.

Example

An example includes but is not limited to persons who provide care or education services in their own homes.

What this food sector does not include

This food sector does not include—

  • early childhood education service providers who undertake minimal food handling only (as specified in this schedule):

  • food businesses that prepare or manufacture and serve meals, snacks, or beverages for preschool children (including children under 5 years of age) in a centre-based service setting (subject to national programme level 2):

  • food businesses that prepare or manufacture and serve meals, snacks, or beverages for consumption by children under 5 years of age in non-residential (day) care settings (included in the food service—non-residential (day) care for children under 5 years sector and subject to national programme level 2):

  • food businesses that prepare or manufacture food specifically targeted, designed, or developed for consumption by children under 5 years of age (included in the manufacturers of food for vulnerable populations sector and subject to food control plans).

Early childhood education service providers who undertake minimal food handling only
General description

This food sector covers early childhood education service providers who, as part of the service, provide limited food that requires minimal handling.

Example

An example includes but is not limited to a crèche where very limited food is provided by the crèche to children attending at the crèche (for example, cut fruit, or biscuits that have not been prepared on site).

What this food sector does not include

This food sector does not include—

  • food businesses that prepare or manufacture and serve meals, snacks, or beverages for consumption by children under 5 years of age in 24-hour live-in or residential settings, including hospitals (included in the food service sector and subject to food control plans):

  • food businesses that prepare or manufacture and serve meals, snacks, or beverages for preschool children (including children under 5 years of age) in a centre-based service setting (subject to national programme level 2):

  • food businesses that prepare or manufacture food products specifically targeted, designed, or developed for consumption by children under 5 years of age (included in the manufacturers of food for vulnerable populations sector and subject to food control plans):

  • food businesses and persons who provide home-based early childhood education services and who prepare or prepare and serve food for the children in their care (as specified in this schedule).

Fishing vessel operators who supply food to crew
General description

This food sector is limited to fishing vessel operators who supply food to the crew of a fishing vessel that is operating within the territorial waters or internal waters of New Zealand.

Example

An example includes but is not limited to food provided to the crew members of a fishing vessel.

Food trading: once a year
General description

This food sector covers persons who trade in food on not more than 1 occasion in any calendar year, but who do not ordinarily trade in food.

Examples

Examples include but are not limited to—

  • a family with a food stall at an annual cultural festival:

  • food provided at a home garage sale.

What this food sector does not include

This food sector does not include persons who trade in food on more than 1 occasion in any calendar year.

Food service sector: catering of specified nature
General description

This food sector covers very small-scale food catering and service activities in people’s homes or in places where verification or enforcement activities may not be possible because of the infrequency of the catering activity or the inaccessibility of the location.

Example

An example includes but is not limited to food provided at climbing huts.

Food service sector: clubs, organisations, and societies (internal)
General description

This food sector covers members of a club, organisation, or society selling food they have produced to other members at events or gatherings held and attended by members where the trade in food is not the purpose of the event or gathering.

Examples

Examples include but are not limited to—

  • a cricket club match tea:

  • a church or religious congregation preparing food and selling it to its members.

Food service sector: clubs, organisations, and societies (external)
General description

This food sector covers members of a club, organisation, or society selling food to members and guests at events or gatherings held by the club, organisation, or society where the trade in food is not the purpose of the event or gathering.

Example

An example includes but is not limited to a sausage sizzle at a match day.

What this food sector does not include

This food sector does not include the provision of—

  • catered meals to members of the club, organisation, or society or visitors to their premises:

  • food at a club bar:

  • meals to members or guests at the club’s, organisation’s, or society’s rooms on a week-to-week basis.

Horticultural producers: direct sales of own produce to consumers only
General description

This food sector covers individual horticultural producers that—

  • only minimally process and handle (for example, wash or rinse) horticulture produce they have grown themselves:

  • sell this produce directly to consumers.

Such producers do not wholesale their produce.

Examples

Examples include but are not limited to—

  • roadside stalls or markets where food is sold by horticultural producers selling their own horticultural produce only:

  • horticultural producers selling only produce grown either on the land on which their premises stand or on land adjacent to the land on which those premises stand (farm-gate sales).

What this food sector does not include

This food sector does not include producers of horticultural food that grow, harvest, and minimally process their produce and then sell this produce by means other than directly to consumers (subject to national programme level 1).

Retailers or direct sellers of shelf-stable, manufacturer pre-packaged food
General description

This food sector covers food businesses that retail only shelf-stable, manufacturer-packaged food. Such businesses do not process or package food in any way, or retail chilled or frozen food.

Examples

Examples include but are not limited to retailers that meet the above general description and may include—

  • convenience food stores:

  • food stalls:

  • video shops:

  • businesses with vending machines.

What this food sector does not include

This food sector does not include other categories of retailers listed in Schedules 1 and 2.