Background

Franklin District Council has developed a proposed Food Hygiene Bylaw in response to non-compliance by certain food premises with the Food Hygiene Regulations 1974.

As part of its review of bylaws required by section 158 of the Local Government Act 2002 (the LGA), Franklin District Council (Council) is reviewing its Food Hygiene Bylaw.

Requisition and Closure of Food Premises

Notice may be served by the Environmental Health Officer on any food premises where food may be exposed to contamination or taint.

The notice may prescribe the following actions:

• to carry out remedial actions as specified within a specified period;
• to stop using, to clean or to fix any fittings, fixture or other equipment within a specified period;
• during the period specified, the conditions that lead to the food becoming tainted or deteriorated must be removed;
• the notice served may require that the food premises be closed for a period of time;
• failure to comply with the requisition is an offence under this Bylaw.

Grading

A grading certificate will be issued to each food premises reflecting the grade allocated by the Environmental Health Officer following the inspection of the food premises. The grades allocated will be as follows:

• Category A: fewer that 5 faults, no critical or repeat faults;
• Category B: fewer that 10 faults, no critical or repeat faults;
• Category D: more than 10 faults, no critical or repeat faults and/or one or more repeat faults;
• Category E: one or more critical faults.

The Environmental Health Officer shall, prior to the annual registration of any food premises, inspect the premises and issue a grading according to the grades outlined above.

The owner/occupier of the food premises will be notified of the allocated grading as soon as possible after the inspection.

The current Grading Certificate remains the property of the Franklin District Council and is valid for a period of twelve months. In the event of further inspections, the grading certificate may be cancelled, withdrawn or amended. The certificate must be displayed conspicuously in a public part of the food premises. It is an offence under this Bylaw not to display the current Grading Certificate in a prominent public place in the food premises.

A request for further inspections through the year, with the view to changing the grading of the food premises concerned, will be carried out by the Environmental Health Officer at a fee as reflected in Council’s Fees and Charges Manual.

Appeals

An appeal against the allocated grading may be made in writing to Council within 14 days of receiving the grading notification.

Council may, on hearing the appeal, reverse or modify the grading.

Offences and Penalty

Every person who commits a breach of this Bylaw is liable on summary conviction to the penalty set out in section 242(4) of the Local Government Act 2002.

Obtaining Further Information and Making a Submission

Council welcomes submissions from the public and interested parties on the proposed Bylaw. A Statement of Proposal that includes the proposed Bylaw, this Summary of Information and Submission Forms can be obtained from public libraries and Council service centres. These can also be downloaded from Council’s website www.franklin.govt.nz or by phoning Jane Tuckley on 09 237 1304 ext 472 or emailing jane_tuckley@franklin.govt.nz.

The submission period starts on 2 November 2009 and closes at 5.00pm on
3 December 2009. Please make sure to indicate whether you wish to appear at a Council hearing in support of your submission.