Exempt Food Activities

Under the new Food Act 2014, some activities don’t need to be registered. This page explains when exemptions apply.

You don't have to register under the Act if you are:

  • selling food to raise funds for a charity, cultural or community group less than 20 times a year
  • selling for profit at fairs, markets, or occasional events once a calendar year
  • members of sports clubs, social clubs selling food where food is not the purpose of the event
  • as an accomodation provider for up to 10 guests, or providing breakfasts or snacks
  • selling fruit and vegetables that you have grown yourself

However, you will have to register under the Act if you are:

  • fundraising more than 20 times a year
  • buying in and selling on fruit and vegetables
  • selling food commercially at community events more than once a year
  • contracted to provide food at clubs

Selling Food for Fundraising Less Than 20 Times a Year

Sausage sizzles, and selling food like jams and cakes, are popular ways to raise money for good causes. Under the new Food Act 2014 you can have a food stall for fundraising activities for a charity, cultural or community group up to 20 times a year without registering or obtaining a certificate. It is recommended that you keep a record of the dates of when you trade and use the self-declaration form attached to display at your food stall when you are trading so that people can see you are complying with the new Act.

You still need to make sure that the food you are selling is safe. The attached guidance explains how to keep food safe, for example using chilly bins to keep food cold.

Fundraising More Than 20 Times a Year

If you're selling food as a fundraiser 20 or more times a year, will need to register under the Act, and may need to adopt a Food Control Plan or National Programme. Use the Where Do I Fit? Tool on the Ministry Primary Industries website to help you find out what you need to do.

Selling Food at Fairs, Markets and Occasional Events

Food sold at markets, food fairs and other occasional events, that is not for fundraising purposes, is subject to food safety legislation. You must sell safe and suitable food.

If you sell food at markets or events more than once a year, you're likely to need to register as a food business. Use the Where Do I Fit? tool on the Ministry Primary Industries website to find out how the Food Act 2014 applies to you.