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To: Hon Andrew Hoggard, Minister of Food Safety

Make food regulations fair and affordable for small businesses

We call on you to end indiscriminate food charges and regulatory requirements which place an unfair and unrealistic burden on small food businesses – particularly small food producers, food stall holders, mobile food vendors, coffee carts, food trucks, and low-risk businesses (e.g home businesses like cake artists) - and undermines their ability to survive in the current economic climate. 

We expect all small food businesses to uphold the same standards of food safety as the rest of the industry, however compliance for small businesses needs to be affordable and simple enough to keep them financially and logistically viable; especially as so many are struggling to stay afloat due to current economic challenges.

We ask that you: 
- Revoke MPI's ability to charge all food businesses in New Zealand the same annual Food Act levy regardless of size or level of risk posed to consumers. By charging a flat fee for all domestic food producers, this levy unfairly penalises small businesses.  Furthermore, the proposed services of New Zealand Food Safety (NZFS) are unlikely to have any tangible benefits for small food businesses (despite proposed theoretical benefits) therefore we disagree with levying them at all for these services.

- Revoke MPI's ability to charge the Food Act levy per site or premise registered. Charging per site has the adverse effect of penalising small food businesses (such as those selling at markets) and mobile food vendors (such as coffee and food carts), that have one premise for food preparation and a second (mobile) premise for selling their food (even if they only run a stall once a week). These mobile vendors will have to pay at least double the levy large restaurants pay, even though cafes and restaurants can open all day, every day.

- Significantly decrease and limit onerous regulation requirements and fees for small businesses to comply with food safety rules in order to protect their viability. The current fees are crippling for small businesses. We are aware that territorial authorities (local councils and independent auditors) set fees for registration and verification and is theoretically outside of government control. However, NZFS influences the cost of registering with territorial authorities and dictates how a business is verified. Verification of small food businesses is too intense - and therefore expensive - and overly onerous for them. We ask that NZFS be required to find more realistic and affordable ways for small businesses to comply with food safety regulations.

- Create a fairer regulation and fees system, potentially based on number of staff employed, gross income declared to IRD, and/or hours/days open. The food act is meant to take a risk-based approach to food safety, yet the current regulatory framework ignores three key risk factors: the size of a food operation and the duration and frequency it is operating for. Both of these are related to another risk factor: the quantity of food a business sells. Because these are not considered, regulatory requirements for small businesses are overly burdensome and expensive as these businesses are treated like large, full-time operations.

- Require inclusion of small food businesses in considering and developing changes to food regulation and fees, not just afterwards in a consultation period. No representatives from the food industry, especially small businesses, were included in the development of the NZFS proposal to maintain and expand its regulatory services, therefore resources have been wasted on making changes that are not relevant to the industry, are unlikely to be effective and, therefore do not provide value for their investment.

- Require NZFS to be accountable for its spending and ensure its use of resources are prudent while achieving genuine and measurable benefits to public health and the country's food safety reputation. We believe the spending of NZFS in the past has been frivolous. This includes spending money publishing and distributing a free food safety magazine that had no proof of efficacy (and is unlikely to have had high readership in the absence of other interventions to improve food safety culture) and producing expensive food safety advice videos that could have been filmed on a phone and produced in a matter of hours.

Why is this important?

Our vision for a thriving food industry is one where there is an abundance of small, locally owned and operated food producers and mobile food/drink businesses offering a diverse range of choices at reasonable prices. This would support regular markets and community events that transform our public spaces into community spaces of music and cultural vibrancy; play, laughter, connection, and warm full bellies.
 
One of the greatest barriers to running such businesses is the resourcing (cost, time and energy) required to comply with food safety regulations. Currently, the logistical, administrative and financial burden of registration and certification is the same for all domestic food businesses, regardless of size. A small coffee cart that only operates at a few summer events each year pays $500 - $1,000 annually in compliance costs, depending on region. While a large restaurant - such as a fast food outlet - pays the same amount even though it has exponentially higher revenue from being open all day on most (if not all) days every week and so can easily absorb these costs. High regulatory costs for small food businesses to operate impede their economic viability and their ability to remain competitive.
 
Furthermore, due to loss and lack of government funding, MPI recently passed legislation to charge all domestic food businesses a new annual "Food Act" levy of $132 (plus an $11 collection fee) for expanding five of its existing services (including rules setting; oversight; and education) and adding three entirely new services (nationwide interventions to raise performance; national monitoring programmes; and systems auditing). The levy is a flat fee for all businesses (regardless of size) however, because the fee is charged on a “per site” basis, small mobile food businesses that prepare food in a kitchen and sell food from a vehicle (e.g. food truck or cart) would end up paying double the levy! This is totally unfair given a fixed premise, like a large restaurant, would only pay the base fee.

The new levy would be the third annual fee all food businesses in Aoteaora (whether they are registered with their local council or MPI) have to pay to retain their registration to legally trade in food. The fee would also be “growing annually in line with inflation assumptions”. As with the existing regulatory fees structure, charging the same levy for all businesses - regardless of size or revenue - means a mobile food vendor that only operates one morning a week will have to pay the same fee as a McDonald's restaurant that is open all day, every day of the year. For small food businesses, such as mobile food vendors and coffee carts, the current regulations are already too cumbersome and costs beyond sustainable. They will never benefit anywhere close to enough to justify these additional costs, let alone the current costs and requirements of compliance.

The full, 52-page proposal is available here: https://www.mpi.govt.nz/dmsdocument/60877-Proposal-to-maintain-and-expand-New-Zealand-Food-Safetys-regulatory-services-under-the-Food-Act-2014-Food-Act)

Based on past experience, we also believe Food Safety NZ has been excessive and inefficient with its spending of funding for services and are concerned that increasing funding will lead to greater inefficiency of spending with no benefit to small food businesses.

Small food businesses have many unique benefits including: supporting local economy; supplying a more diverse and unique range of food that is made locally from ingredients that are local, fresh, and wholesome; allowing innovation; creating competition (which encourages lower food prices); supporting community and fundraising events (such as school fairs); adaptability and flexibility. The Covid pandemic specifically highlighted the value of food markets and mobile food vendors, where the ability to shop outside was an important option to avoid spreading disease.

The current food safety system favours large businesses and promotes an industry where small, unique and community-oriented businesses struggle to survive and will gradually disappear resulting in a monopoly of large, homogenous food businesses. The change will not be immediate and obvious, but it will be very significant and detrimental to our well-being and quality of life. We already have plenty of examples where large, multinational businesses have dominated over and replaced small, local businesses.

Whilst food safety is important, it is also vital that regulations and fees are not so burdensome that the viability of small food businesses is undermined. Especially as inflation and high costs are already making it challenging for these businesses to stay afloat. The costs and requirements to comply with food safety regulations for small food businesses need to decrease significantly and more accurately reflect their level of risk and the revenue they are able to generate so they can continue to support vibrant, connected and sustainable communities.

Imagine a future where our local food scene isn’t just a significant player in the economy but also a shining star in New Zealand’s culture, making life richer for locals and visitors alike.

How it will be delivered

I will be personally handing the petition over to my local Nelson MP, Rachel Boyack, at 9am on Saturday, 15 June at my coffee cart ("the Dutch oliebollen cart") at the Nelson Market.

Links

Updates

2024-06-06 19:59:14 +1200

The petition against MPI's new annual food safety levy will be presented to my local MP in Nelson, Rachel Boyack on:
Saturday, 15 June
9am at The Nelson Market - at my coffee cart (the "Dutch oliebollen cart")
She will then present it in parliament.

This comes just as MPI announces it will go ahead with its new annual levy of $145/year (or $260 if you have a home kitchen and mobile cart/truck/stall). We all must REFUSE TO PAY the levy. Please join all food businesses in solidarity by refusing to pay the levy. And, if you have time, email NZ Food Safety and ([email protected]) and the Minister for Food Safety, Hon Andrew Hoggard ([email protected]) telling them why you won't pay.

You can copy my email from this Google doc if you like.. https://docs.google.com/document/d/19VopcJ4Z-juHhEPvdJfCACMpUibnNGpo/edit?usp=sharing&ouid=111085099185227702067&rtpof=true&sd=true

2024-05-20 16:55:06 +1200

1,000 signatures reached

2024-04-21 14:30:20 +1200

500 signatures reached

2024-04-12 16:54:51 +1200

100 signatures reached

2024-04-12 14:06:14 +1200

50 signatures reached

2024-04-12 13:43:35 +1200

25 signatures reached

2024-04-12 13:30:41 +1200

10 signatures reached