Food registration exemption
Exemption for home-based cake makers and decorators of shelf-stable cakes
The Ministry for Primary Industries has issued a Food Notice on October 30, 2025 under section 33 of the Food Act 2014, granting an exemption for businesses that produce shelf-stable cakes from the requirement to register a business under the Food Act 2014.
Who is eligible for exemption and conditions
If you meet the following criteria and comply with the specified conditions, you are not required to register until October 31, 2028.
Classes of food businesses | Conditions specific to exemption to cake makers | Condition applying generally to exempt business |
Home-based cake makers of shelf-stable cakes that are produced in a home kitchen and sold direct to consumer | Operators must use their best endeavours to not sell to any person for the purposes of further sale. Operators must use their best endeavours to not sell for export from New Zealand. Cake does not need to be refrigerated during this time to keep it safe to eat. Cake is intended to be consumed within 3-5 days | Exempt classes of food businesses must: a) inform MPI if something is wrong with a product that is likely to pose an immediate threat to people's health. MPI must be notified as soon as practicable after the business becomes aware of the matter.b) be able to recall an unsafe or unsuitable product. |
Home-based decorators of shelf-stable cakes that are produced in a home kitchen and sold direct to consumer | Operators must use their best endeavours to not sell to any person for the purposes of further sale. Operators must use their best endeavours to not sell for export from New Zealand. Cake does not need to be refrigerated during this time to keep it safe to eat Cake is intended to be consumed within 3-5 days | Exempt classes of food businesses must: a) inform MPI if something is wrong with a product that is likely to pose an immediate threat to people's health. MPI must be notified as soon as practicable after the business becomes aware of the matter.b) be able to recall an unsafe or unsuitable product. |
Definitions: Cake means an item of soft sweet food traditionally made from a mixture that may include flour, fat, eggs, sugar, and other ingredients, baked and sometimes iced or decorated. This definition also includes cakes made with substitute ingredients, for example to make the cake dairy-free or egg-free. 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 cake that is intended to be consumed within 3-5 days and which does not need to be refrigerated during this time to keep it safe to eat. | ||
Surrender of registration
If you fit the exemption criteria and wish to surrender your registration, complete this form, and return to info@waipadc.govt.nz.
Further information can be found on MPI's website here including copy of the notice issued for exemption.
If you have any questions, or want clarification on matters, contact MPI foodactinfo@mpi.govt.nz..
Alternatively, contact our Environmental Health Team on 0800 924 723 .
