UPDATE – 3 November 2025
Following this consultation, New Zealand Food Safety has published the Food Notice: Class Exemption from Operating under a Registered Food Control Plan or National Programme. We've also released a summary of submissions we received.
The notice provides a class exemption for home-based cake makers and decorators of shelf-stable cakes that are produced in a home kitchen and sold directly to consumers from the requirement to register under a food control plan or national programme.
The notice specifies the exemption start and expiry date and the conditions that must be met to be exempt.
Summary of submissions [PDF, 270 KB]
Find out more about exemptions
Why we consulted
New Zealand Food Safety invited you to submit feedback on a proposed section 33 (s.33) group exemption for some home-based cake makers and decorators.
The exemption would allow home-based cake makers or decorators of shelf-stable cakes to operate without a registered food control plan or national programme.
This consultation would have been of particular interest to:
- home-based cake makers or decorators
- registration authorities
- evaluators and verifiers
- food safety officers.
Submissions closed on 28 September 2025.
Consultation documents
Summary of proposed changes to requirements
New Zealand Food Safety proposed to change the regulatory requirements for:
- home-based cake makers who make shelf-stable cakes (cakes that do not need to be kept under temperature control to keep them safe and suitable)
- cake decorators of shelf-stable cakes.
Currently, home-based makers of shelf-stable cakes are required under the Food Act 2014 to register a food control plan. Cake decorators of shelf-stable cakes have to register under National Programme Level 2.
Because shelf-stable cakes present a lower level of food safety risk, we proposed that home-based cake makers and cake decorators (of shelf-stable cakes) be exempt (as a class or group) from the requirement to operate with a food control plan or national programme.
Note: If you are a home-based cake maker or cake decorator of non-shelf-stable cakes or other bakery products or other foods, the exemption would not apply to you.
Proposed food notice
The proposed food notice specified the exemptions and any conditions, including:
- taking steps to make sure the business operates according to good hygiene practices, including ensuring the competency of people who process and handle food at the business
- informing the Ministry for Primary Industries (MPI) if there is something wrong with a product that is likely to pose an immediate threat to public health.
Cake makers and decorators who are eligible for the exemption would still be required to have systems in place to trace the origin of food ingredients and to manage a food recall, if required.
After the consultation closed
We considered all submissions and made a recommendation to the relevant decision maker about the exemptions. A document outlining the analysis of all submissions received was published.
