Operating your Food Safety Programme (FSP)

The Food Act 2014 is now in force. Businesses operating with a Food Safety Programme have until 30 November 2018 to apply to register under the new Act. Until then, your FSP will be known as a ‘deemed food control plan’ (FCP) under the new Act.

Find out more about the new Food Act

If you operate under a deemed FCP it is your responsibility to comply with the Food Act. Find out how to operate your deemed FCP, make changes to it or cancel it.

Normal operation

Once you have registered your FSP, it is your responsibility to keep records and ensure you comply with requirements under the Food Act.

These include:

  • ensuring your FSP and operations comply with the Act
  • ensuring your FSP and operations comply with any regulations and food standards made under the Act
  • having the programme audited, on a regular basis, by an approved verifier
  • notifying MPI if you change your auditor or if circumstances change.

Failure to comply with the requirements of the Food Act is considered an offence against the Act and could result in enforcement action against you or your FSP being cancelled.

Making an amendment to your FSP

If the change is a 'significant amendment', you’ll need to re-register your plan. This means transitioning early to the new Food Act.

Significant amendments include changes to:

  • the place you operate from – that is changing location, or adding a new location
  • the type of food you make or processes you use
  • any other element of the plan that has an effect on safety and suitability (for example, major alterations to facilities or equipment, merging or reorganising the business, change of ownership where this impacts on the overall operation).

Amended plans must be evaluated by a recognised evaluator and registered as a custom food control plan.

See steps to a custom food control plan

Businesses can choose to register the whole FCP under the new Act or the amendment only. If they register the amendment only, then only the amended aspects of the business would need to be evaluated. However, both the amended FCP and original FSP must continue to be verified. You will still need to have the full plan updated and evaluated before 30 November 2018.

Alternatively, if your business fits under a national programme, you can transition early to this type of registration.

Find out where you fit under the new Act

Other changes

If you make other changes, you must also inform your registration authority, but you won’t need to re-register your plan. This includes changes to:

  • the person who owns the business
  • your verification agency
  • your contact details (particularly your email address)
  • minor changes to your products, processes or plan (this relies on you assessing the change, and judging that there are no new hazards or critical control points)
  • you must also tell your authority if you are suspending or surrendering your registration.

If your registration authority or verifier believes your change may constitute a significant amendment, you may be asked to provide further evidence or register a new plan.

Until you re-register your plan under the new Food Act, any minor changes can be notified to MPI using the FA1 form:

Conducting a product recall

FSP operators are responsible for recalling or withdrawing a product from sale if it is found to be unsafe, unfit to eat, or contaminated.

You can find out more in this section of the website.

Recalls & warnings

Cancelling your FSP registration

If you want to permanently surrender your registered FSP, you must notify MPI in writing (email is acceptable) and notify your verifier.

Revoking a business from an FSP

MPI can revoke the registration of an FSP if you have failed to comply with any condition of the exemption, or you have failed to comply with requirements under the Food Act.