Exemptions for me-based cake makers and decorators of shelf-stable cakes
The Ministry for Primary Industries has issued a Food Notice effective, 31 October 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.
Guidance for food businesses on the Food Notice: Class exemption from operating under a registered food control plan or national programme.
What this means for you
If you are a home-based cake-maker and/or decorator, making shelf-stable cakes at home to sell directly to the consumer, you don’t need to operate under a food control plan (FCP) or national programme (NP).
There are certain conditions you must meet
The exemption only applies to cakes made in a home kitchen for sale direct to the consumer.
Even though you have an exemption, the Food Act 2014 still requires food to be safe – it won’t make people sick, and suitable (it meets composition requirements, you are able to provide relevant consumer information, such as allergens, and is in the condition a customer expects it to be).
Definition of a shelf-stable cake
A shelf-stable cake means a cake which may safely be consumed (together with any filling or decoration, which can include ganache) 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 during that time to keep it safe to eat.
What other products come under the definition of a “cake”?
MPI categories the following products as coming under the cake definition:
- Cupcakes
- Brownies
- Muffins
- Panettone
- Panforte
- Doughnuts
The following products are examples of foods that would not come under the definition of cake:
- Cookies
- Biscuits
- Cheesecake
- Macarons
- Cinnamon Rolls
- Rusks
If you are making other types of food, e.g. cookies, then you are still required to register under the risk-based measure. Alternatively, you can seek an exemption through MPI. Who is exempt from Food Act requirements? | NZ Government
This exemption applies only to home-based cake makers and decorators' of shelf-stable cakes.
Cakes must be sold direct to consumers (not into a café or coffee cart for on sale).
There is no limit to the number of cakes sold under the exemption.
If you are currently registered with Kaipara District Council and now qualify for the home-based cake makers and decorators' exemption, please complete this form Change of Risk Based Measure and email it to health@kaipara.govt.nz to avoid further registration fees and MPI Levy charges.
