Who doesn't need a food control plan or national programme?
Food activities that are low risk, either because they don't happen often or only involve selling to a small number of people, or include low food safety risk foods, don't need to operate under a food control plan or a national programme. This applies to some fundraising and community group food activities and some food businesses.
Exemption from Food Act registration – Fact sheet [PDF, 630 KB]
However, even if your food business doesn't need a written plan or programme, you still have to comply with food safety laws and make sure your food is safe and suitable to eat. Our document 'Be food safe' has information to help you do this. It's available in English and Māori.
Te whakamaru kai (Be food safe) [PDF, 1.9 MB]
Fundraising and community group exemptions
You don't need a food control plan or programme if you are:
- selling food for fundraising less than 20 times a year. Fundraising activities include sausage sizzles, raffles, and charity events
- sharing food with others at sports clubs, social clubs, or marae where food is not the purpose of the event. For example, providing nibbles at a bowling club games night or serving food at a tangi.
Learn more about community activity exemptions
Businesses' and education providers' exemptions
Types of businesses that don't need a food control plan or national programme include:
- home-based childcare providers who prepare food for children in their care
- small accommodation operators who provide food to less than 10 guests
- growers selling their own unprocessed fruit and vegetables directly to consumers, such as at the farm gate or from a stall at a market
- food businesses that sell (and do not process or package food in any way) shelf-stable manufacturer-packaged foods, like packets of biscuits or cans of stew
- commercial fishing operators providing meals to their crew.
For a full list of exemptions, see Schedule 3 of the Food Act 2014
Food businesses seeking an individual exemption from operating with a food control plan or national programme
The Food Act 2014 also enables a food business, or a group of businesses in a food sector, to apply for exemption from operating under a food control plan or national programme.
Food businesses applying for an individual exemption must demonstrate in their application for exemption that they understand the food safety hazards relevant to their food and how these will be managed to ensure the food is safe and suitable to eat. Applicants also need to show that they have a valid and appropriate reason for why their business should be treated as a special case.
Factors that are considered when assessing an individual food business application for exemption from a food control plan or national programme include:
- the types of hazards associated with the food being produced and the processes used
- the potential impact on consumers
- the frequency and scale of the operation
- how the food business compares to other similar food businesses that are required to register.
Use form FA12 to apply for exemption
Food notices relating to exemptions
Exemption from Operating under a Registered Food Control Plan or National Programme [PDF, 247 KB]
List of businesses that have been granted exemptions
Businesses granted exemptions under section 33 of the Food Act 2014 [PDF, 272 KB]
Some types of businesses may not be suitable for exemptions
You are unlikely to be granted an exemption if you:
- produce or manufacture high-risk foods
- distribute your food widely
- supply foods to high-risk consumers such as young children or hospitals
- are exporting your products.
If you think you fall into one or more of these categories but you still want to be exempt, contact us before applying. We can then discuss the best options for you.
Email approvals@mpi.govt.nz
Food businesses exempt under a class exemption
The Food Act 2014 also enables MPI the discretion to grant exemptions (without application) provided the factors above have been taken into account.
The food notice provides a class (or group) exemption to the food businesses identified in the notice from the requirement to operate under a registered food control plan or national programme. However, although they are not required to register, these food businesses still have to comply with food safety laws and make sure their food is safe and suitable to eat. The food businesses also need to comply with any specific conditions identified in the food notice.
The classes of food business the notice applies to include:
- home-based cake makers of shelf-stable cakes that are produced in a home kitchen and sold direct to consumers
- home-based decorators of shelf-stable cakes that are produced in a home kitchen and sold direct to consumers.
The notice excludes shelf-stable cakes produced for the purpose of further sale. This includes sale by the same operator from another registered food business – for example a coffee cart.
The definitions in the food notice provide further clarity on who the exemption applies to.
In the food notice, "shelf-stable cake" means a cake which may safely be consumed (together with any filling or decoration) when it is stored at room temperature until it is eaten, or a cake that is intended to be consumed within 3 to 5 days and which does not need to be refrigerated to keep it safe to eat.
This definition includes cakes that are shelf-stable in that they do not ever require refrigeration before being (safely) consumed, and cakes that are intended to be (safely) consumed within 3 to 5 days without needing refrigeration. This could include cakes that have perishable fillings or ingredients that do not require refrigeration (to maintain the safety of the food) before being consumed. This may include cakes that contain ganache or cream fillings.
The notice sets out:
- the general obligation to food businesses under the Food Act 2014 to ensure that food is safe and suitable
- the general conditions that food businesses exempt must meet, for example, informing MPI if something goes wrong and being able to recall unsafe or unsuitable food.
- the exemption start and expiry date
- the conditions specific to the class of food business exempt.
Use our online tool if you're unsure
If you're not sure if you are exempt from operating under a food control plan or national programme, use our online tool, 'My food rules'.
Who to contact
If you have questions about exemptions, email info@mpi.govt.nz
