On this page:
- Registering under the Food Act 2014
- All sold food must be safe to eat
- Fundraising more than 20 times per year
- Selling food at fairs, markets, and occasional events
- Clubs, organisations, and societies
- At the marae
- Rules around donating food
- Giving away food as promotional material
- Homekill, hunted, and wild food (recreational catch)
You don't need to register under the Food Act if you're selling food:
- to fundraise less than 20 times a year
- once in a calendar year at an event like a local fair
- provided by members of sports clubs or social clubs – where food is not the purpose of the event.
You have to register under the Food Act if you're
- selling food to fundraise more than 20 times a year
- catering events at clubs, or selling food at clubs, bars, or restaurants
- bartering or exchanging food commercially
- selling food more than once per year at fairs, markets, or community events.
Councils might have extra rules
Local authorities (like councils) may also have requirements you need to follow. This might include where you can sell your food. Contact your local city or district council to discuss:
- what food you want to sell
- where you want to sell it
- how you're going to make sure that it's safe to eat.
Council staff will be able to tell you:
- the requirements that apply
- whether you can do your activity.
The My Food Rules tool
My Food Rules is a tool that can help you find out whether you need to register and what you may need to do.
Even if you do not need to register, you'll still need to make sure your food is:
- safe (it won’t make people sick)
- suitable (it meets rules around labelling and what it contains, and is what people expect it to be).
You can sell food to fundraise without registering under the Food Act – but only up to 20 times per year. You still need to make sure your sold food is "safe and suitable".
If you're selling food to fundraise more than 20 times per year, you'll need to register under the Food Act 2014. Use the My Food Rules tool to help you find out what you need to do.
If you sell food at a single one-off event only once in a calendar year, your only requirement is to ensure you make safe and suitable food.
If you sell food more than once in a calendar year at an event like this, and it's not for fundraising purposes, then you might need to register under the Food Act 2014.
If you sell food at markets or events more than once a year, there are some other steps you need to take, and you're likely to need to register as a food business. Use the My Food Rules tool to find out what you may need to do.
Clubs, organisations, and societies serving food don't need a food control plan or a national programme, as long as selling food is not the main purpose of the event.
For example, if a bowling club holds a games night and sells nibbles to its members as part of this, the club would not need a food control plan or a national programme. You'll still need to make sure your food is:
- safe (it won’t make people sick)
- suitable (it meets rules around labelling and what it contains, and is what people expect it to be.)
However, if you supply catered meals to clubs or sell food – like at a club bar – you're likely to need to register under the Food Act 2014. Our fact sheet has more information. And the My Food Rules tool can help you work out what you need to do.
If you're bringing kai (food) to share at the marae, you do not need to register under the Food Act 2014.
But if you're selling kai at a marae, then you need to register under the Food Act.
The Food Act 2014 has a "Good Samaritan" clause that protects businesses if they donate food. If their donated food makes people sick, they're protected from civil and criminal liability as long as:
- the food was safe and suitable when they donated it, and
- the food came with any information the receiver needed to keep it safe and suitable.
The "Good Samaritan" clause only applies to people who donate food they normally sell. It does not apply to people who give food away (like homemade cakes).
The donated food still needs to have its original labelling on.
You need to register under the Food Act if you're giving away food as promotional material and it's:
- advertising the product, or
- promoting a business.
If you're planning to give food away as promotional material, contact your local council about what you want to do. They'll advise on any requirements.
It's illegal to sell homekill and recreationally caught (hunted or wild) food, like fish and game, that you caught yourself. Selling includes:
- using for advertising purposes, as a prize, or for fundraising
- supplying as part of a contract
- supplying as part of a charge for another product or service.
Find out more
Who to contact
If you have questions about the information on this page, email email@example.com