Whether you're opening a brand new business or taking on an existing one, you must ensure your business meets all the relevant requirements - which means you may need to meet with these people at Council:
- Resource Consents Planner about compatibility with Council’s district plan
- Building Consent for Building Act requirements and structural changes
- Trade Waste regarding requirements for grease traps
- Environmental Health Officer for suitability of the Building and Food Act requirements
Check if your premises is consented
Contact our Resource Consents team to ensure the business you are proposing is permitted in the location. There may be District Plan requirements such as set operating hours or car parking provisions.
Check if your planned structural or plumbing changes require consent
If you're building a new food premises or making any structural or plumbing changes to an existing food business, you may need a building consent. Contact our Building team for more information.
Does your business require a grease trap?
Premises have varying and specific trade waste requirements. Contact our Trade Waste team to find out more about food waste and how to dispose of it safely.
Food Act requirements
The operator must ensure that the design, construction and location of the place of the food business enables food to be safe and suitable, including:
- identifying and managing any risks posed to the safety or suitability of food
- providing adequate space for producing, handling and processing of food as well as for fixtures, fittings and equipment
- ensuring that the design of the place enables the movement of staff, visitors and food to flow in a way that prevents and manages risk
- designing the place to provide easy access for cleaning and maintenance
- ensuring the place is designed, constructed and located to exclude dirt, dust, fumes, smoke and other contaminants and prevent pests from entering and remaining
- ensuring materials used in the construction of the premises aren't capable of contaminating food
The operator must also ensure that the facilities, equipment and essential services are designed, constructed, and located in a way that enables food to be safe and suitable. This includes:
- Ensuring facilities, equipment, and essential services aren't operated beyond their capacity or capability
- Water used for producing, processing, handling of food and for personal hygiene and cleaning is suitable for purpose and doesn't adversely affect the safety and suitability of food
- The capacity of the water supply should be adequate for the food business
It's good operating practice for at least one person, preferably the manager, to have completed a basic food safety course.
Under the Food Act 2014 managers are responsible for training their staff. For example if you are operating under a template Food Control Plan, the day-to-day manager must be familiar with and understand all FCP procedures before training staff. The manager would then need to complete and sign a staff training record for each person who works in their business.
Do you require an alcohol license?
If you are planning to sell and supply alcohol and/or if you are interested in operating as a BYO, you'll need to apply for an alcohol license. For more information refer to our alcohol licensing page.
Application for a Notice of Registration
Depending on what food you make you will need to either operate under a template Food Control Plan or National Programme. Use the Ministry of Primary Industries tool, Where Do I Fit?, to work out where your food activity or business fits within the new Food Act rules. For more information about the template Food Control Plans or National Programmes you can either go to our Food Act 2014 page or visit the Ministry of Primary Industries website.
Whether you are operating under an FCP or NP you'll need to complete an application form.
If you operate multiple food businesses within Lower Hutt, you can register all your premises with one application form by completing a multi-site application application form.
With your application you must include:
- a site plan
- Company Certificate (if you are a registered company)
- business proposal
- scope of operations
- letter from Verifier (for National Programmes only) or if being verified by another council
Your application form lists all these requirements: refer to the guidance on page 7 of for more information.
If you're registering to operate under an NP, you'll need to contact an independent verifier to carry out your verification. You can find a list of verifiers on the MPI website.
You must include a letter from your verifier with your application for registration.
At present, Hutt City Council is not approved to complete verifications for National Programmes. However in the future this may change.
How much does it cost?
Fees vary depending on the type of food being made – please see our list of fees and charges.
How long will it take?
Processing of applications vary depending on circumstances and requirements.
Please note that if you're subject to and/or have applied and are waiting for a Resource Consent, Certificate of Public Use (CPU) or Code of Compliance Certificate, (CCC) these will need to be issued before you can commence trading.
Transfer of an Existing Food Business
Under the new Food Act, Notices of Registration are non-transferrable. If you want to take over an existing food business you'll need to complete an application for registration. Refer to Registering a food business above.
If the business you are taking over is still operating under the Food Hygiene Regulations, please check the Ministry of Primary Industries for information on implementation dates. All food businesses must be operating under the new Food Act by 28 February 2019 with operators needing to apply by 30 November 2018. If the business you're taking over is not due to transition and is not in Council's current transition timeline, you'll need to complete an Application for transfer of an existing business.
Changes to your registration
Businesses who are operating a registered Food Control Plan must give written notice to their registration authority (Hutt City Council) of any significant changes or amendments in circumstances.
A change in circumstances means a variety of things and can include:
- Change in information that the applicant has provided in their initial application for registration of the Food Control Plan or National Programme. This could include the owner's name, trading name, business address, and changes in the scope of the business (types of food being made)
- Any changes made to the procedures set out in the Food Control Plan that directly relate to achieving safe and suitable food, such as control of hazards
- Anything that impacts the Food Control plan, such as an operator not being able to comply with the Food Control Plan and requirements of the Act
Businesses that need to give written notice to Hutt City Council about any significant changes must do so in writing by doing the following:
- Notify Council before the significant change in circumstances occurs
- If the above is not practical then the operator must notify Council as soon as practical after the significant change in circumstances occurs – no longer than 10 working days after the change occurs.