Section 53 of the Sale and Supply of Alcohol Act 2012 says a reasonable range of food must be available, for sale and consumption on the premises, at a reasonable price and within a reasonable time of being ordered.
Hospitality New Zealand Central North Island manager Chris Hince said the DHB investigation was "serious stuff" and members took their responsibilities seriously. Even without a prosecution, usually for "a blatant failure", the DHB information would be included in reports for the renewal of liquor licenses.
"The impact is fairly substantial," he said.
"I have spoken to one member who has indicated to me he has failed and we are going to discuss that, because we don't agree they did fail."
The act was an "extremely complex piece of legislation" that was open to interpretation.
He said he was happy to work with members on how to best interpret the the law.
Next month the DHB will also educate businesses on host responsibility through free workshops in Napier and Hastings.
"Their responsibilities around food are clear, and will be made clearer at these workshops," Dr McElnay said.
"It's important that all premises selling liquor get this right as further checks will be made leading into Christmas, a time when it is vitally important that food is available ... Food works to reduce intoxication by slowing the speed at which alcohol is absorbed into the bloodstream ... It provides revenue and helps avoid problems."
Members of the public were encouraged to report liquor outlets to the DHB's Health Protection Team.
"We are serious about this, and if a member of the public finds that food is not available while they are on a premises they should advise the Health Protection Team within the DHB on 8341815."
A responsible host
• Prevents intoxication.
• Does not serve alcohol to minors.
• Provides and actively promotes free drinking water, low alcohol and non-alcoholic drinks.
• Provides and actively promotes substantial food.
• Serves alcohol responsibility.
• Arranges safe transport options.
- Source DHB