Auckland's local food safety info bylaw could be allowed to expire

Auckland may soon be without the local food safety information bylaw that have helped Aucklanders make informed decisions about where to buy food for years.

By Torika Tokalau of Local Democracy Reporting

The Food Safety Information Bylaw, which promotes high food safety standards and requires most Auckland restaurants, bars, cafés and takeaways to display a food grade certificate, expires next April.

If the bylaw ceases to be, it will no longer be compulsory for Auckland eateries to display food grade certificates – from A to E – for customers.

According to council documents, a review found that Auckland's food bylaw was no longer fit for purpose because the Food Act provided an effective framework to ensure food safety.

Auckland councillor Josephine Bartley said the bylaw had served its purpose but was not required any more. It would also be costly to draft a new one.

"People can also still view food grade certificates of businesses on council's website, it's important that we continue with that," she said.

Businesses would benefit if they displayed their grades, she said.

"It's to the businesses advantage to show they are an A."

EatSafe's grading system was designed to protect and reassure the public by providing more transparency around food safety and suitability in Auckland.

It has been helping Aucklanders make informed decisions about where to buy food since 2016.

"It's important that we continue with food grades because no one will go to a place that's got an E," Bartley said.

The Regulatory and Safety Committee recently recommended the bylaw had run its course, with the governing body expected to make the final decision later this year.

Auckland Council senior policy manager Paul Wilson said the absence of the bylaw changed nothing for food grading.

Food grade certificates – A being excellent and E being the worst – gives customers assurance that food they buy is prepared safely and suitable to eat.

"Food grade certificates will still be issued and displayed as part of the council's EatSafe Auckland programme," Wilson said.

Auckland is one of only a few places in the country which requires EatSafe verified businesses to display food grades, through the bylaw.

Wellington City Council issues food grade certificates only to businesses that achieve an "excellent" rating, and display of the grade is voluntary.

Allowing the bylaw to lapse would have no impact on the EatSafe Auckland scheme – council's non-regulatory food grading system initiative.

However, both the Food Act and EatSafe did not have mandatory requirements on the displaying of a food grade certificate.

EatSafe only encouraged the display of food grades.

Wilson maintains businesses will still need to display a food grade certificate the same way they do now, as part of EatSafe programme.

"While they are not legally required under the Food Act, food grade certificates are popular among Auckland businesses and members of the public, who like to see them as soon as they walk in the door of an eatery.

"As part of our EatSafe Auckland programme, the council issues physical certificates and publishes grades online to inform customers of an eatery's performance when they were last inspected, helping customers to make informed decisions about where to eat."

As part of the bylaw review, registered food businesses verified by EatSafe were surveyed and a vast majority of the respondents said they would display food grades, irrespective of the bylaw.

Key drivers included enhancing public trust and confidence and maintaining business reputation.

A small proportion indicated they would not display their grade: 'we always have an A grade, but if we were lower than this I'd probably choose not to display'.

According to council data, around 95% of the EatSafe food businesses have an 'A' grade which reflected compliance with the Food Act, not the bylaw.

However foodborne illness remained an issue.

Since 2023, the council received 3847 complaints, 889 of which related to commercial premises and 851 on unregistered businesses.

More than 100 complaints included pests (137), 125 complaints on foreign objects, 60 on cleaning and hygiene and 55 on foodborne illness.

Under the Food Act, the council currently registers and verifies 9315 Auckland-based food businesses.

Council has issued 203 infringement notices, 275 improvement notices and 89 notices of direction, and closed 35 food premises since 2023.

A total of 33 businesses have been prosecuted since 2019, with the highest court-imposed fine of $45,000 and council cost recovery exceeding $450,000.

– LDR is local body journalism co-funded by RNZ and NZ On Air.