Food Control Plans (FCPs) and the Food Hygiene Regulations (FHR) for fish processors

Fish processors if exempt from operating under a Risk Management Programme (RMP) and depending on what activities they do, must operate under an FCP or the FHR.

Who has an FCP or operates under FHR

If you are a fish retailer only, who does primary processing of the fish you sell, you can operate under the Food Act using one of the following:

  • a Food Control Plan
  • the Food Hygiene Regulations 1974.

Operating under the Food Act

Rules for food businesses are changing – we're moving from the Food Act 1981 to the Food Act 2014. From 1 March 2016, all new businesses must operate under the Food Act.

Existing businesses (registered under the Food Act 1981 or Food Hygiene Regulations 1974 before 29 February 2016) will shift to the new Act between 2016 and 2019. Check the timetable to find out when your type of business has to transition.

You can find out more about primary processing of fish in this document.

Seafood: When is it primary processing or just a "fish shop"? (21 KB PDF)

Operating with an FCP

If you can and choose to operate under an audited FCP and do primary processing, you will be exempt from the requirements of the Food Hygiene Regulations 1974. To qualify for the exemption you must sell all of your fish on the retail market in New Zealand. You must not export any fish.

More information about this can be found under Food Act 2014 on the MPI website

Operating under the FHR

Some fish processors can choose to operate under the FHR. Generally it is smaller fish processing operations – for example a fish shop or a take-away selling fish and chips to the New Zealand market – which operate under these regulations.

The FHR are administered by your local council (Territorial Authority).

You can find the contact for your council on the local government website.

Choosing the right programme

  Exporting Not exporting
  With official assurances Without official assurances Wholesale only Retail and wholesale Retail only
Primary processing only RMP RMP RMP FCP* or
RMP
FHR or
FCP or
RMP
Primary and secondary processing RMP RMP^ RMP^ FCP* or
RMP^
FHR or
FCP or
RMP
Secondary processing only RMP

FHR or
FCP or
RMP

FHR or
FCP or
RMP

FHR or
FCP or
RMP
FHR or
FCP or
RMP

* To operate under an FCP, a primary processor who does not export, but sells seafood by retail and wholesale, must do so from the same premises.

^ You can choose to do the secondary processing activities under an FCP or the FHR.