Source: NZ Ministry for Primary Industries
Have your say
New Zealand Food Safety invites 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 be of particular interest to:
- home-based cake makers or decorators
- registration authorities
- evaluators and verifiers
- food safety officers.
You can make submissions by 11.59pm on 28 September 2025.
Consultation documents
Proposal for regulating home-based cake makers of shelf-stable cakes and cake decorators of shelf-stable cakes [PDF, 393 KB]
Summary of proposed changes to requirements
New Zealand Food Safety is proposing 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’re proposing that home-based cake makers and cake decorators (of shelf-stable cakes) are 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 will not apply to you.
Proposed food notice
The proposed food notice will specify 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 will still be required to have systems in place to trace the origin of food ingredients and to manage a food recall, if required.
Making your submission
Submissions will be accepted up until 11.59pm on 28 September 2025. Submissions can be made online, by email or post, or by completing the online submission survey at the link below.
Make an online submission – SurveyMonkey
By email or post
To help you make a submission, you can use our consultation template
Submission template [DOCX, 118 KB]
Email your feedback to foodactinfo@mpi.govt.nz
Address for written submissions:
Proposed Food Act Section 33 Exemption
Food Risk Management – New Zealand Food Safety
Ministry for Primary Industries
PO Box 2526
Wellington 6140.
Tips when writing your submission
- Where possible, comments should be specific to a particular section in the consultation documents.
- All major sections are numbered and these numbers can be used to link comments to the document.
- Where possible, reasons and data to support comments may be provided.
- The use of examples to illustrate particular points is encouraged.
After the consultation closes
MPI will consider all submissions at the expiry of the consultation period and make a recommendation to the relevant decision maker about the exemptions. A document outlining the analysis of all submissions received will be made available to all submitters.
Submissions are public information
Note that all, part, or a summary of your submission may be published on this website. Most often this happens when we issue a document that reviews the submissions received.
People can also ask for copies of submissions under the Official Information Act 1982 (OIA). The OIA says we must make the content of submissions available unless we have good reason for withholding it. Those reasons are detailed in sections 6 and 9 of the OIA.
If you think there are grounds to withhold specific information from publication, make this clear in your submission or contact us. Reasons may include that it discloses commercially sensitive or personal information. However, any decision MPI makes to withhold details can be reviewed by the Ombudsman, who may direct us to release it.
