Food Act 2014 — Ministry for Primary Industries
Food Act 2014 — what food businesses must do in New Zealand
The Food Act 2014 regulates all food businesses in New Zealand. Whether you're a restaurant, café, caterer, or food manufacturer, you have obligations under this Act.
📋 Food Act 2014 — MPI administered, local council enforced
Risk-based approach
Higher risk food = more oversight required
The Food Act uses a risk-based approach. The requirements depend on the risk level of the food you produce:
- Higher-risk food businesses — must operate under a Food Control Plan (FCP). Includes: restaurants, cafes, caterers, takeaway food, food manufacture, food that is potentially hazardous
- Lower-risk food businesses — must operate under a National Programme (NP). Includes: retail sale of pre-packaged food, clubs and community groups with infrequent food sales, some food distribution
- Exempt — very low risk activities. Includes: home baking sold at a single stall at a community event, some charitable food distribution
Registration with your local council
Must register before operating
All food businesses that are not exempt must register with their local council before opening. Operating without registration is an offence. Registration must be renewed annually. You must notify the council of any significant change to your food operation.
Food Control Plan (FCP)
Required for higher-risk food businesses
An FCP is a written plan that describes your food business, the food safety hazards present, and how you will control them. It must cover:
- Your food safety programme — temperature control, personal hygiene, cleaning and sanitising
- How you will handle food safely at each step from receiving to serving
- How you will trace and recall food if something goes wrong
- Training requirements for food handlers
- How you will monitor, verify, and record compliance
You can use MPI's template FCP (available at mpi.govt.nz) or develop a custom plan. The plan must be registered with your local council.
Verification (inspections)
Council verifiers inspect your compliance
Your local council verifier will visit to check that you are operating in accordance with your FCP or National Programme. The frequency depends on your risk level and compliance history — typically once or twice per year for restaurants. Verifiers can shut down a food business that poses an immediate health risk.
Source: Food Act 2014. MPI food safety:
mpi.govt.nz. This is general information, not legal advice.
Frequently asked questions
Does a school tuck shop need to register?
It depends on what food is sold. If the tuck shop sells potentially hazardous food (sandwiches with meat, dairy, etc.), it likely needs to register under a National Programme. MPI's tool at mpi.govt.nz can help determine what's required.
Can I use a template Food Control Plan?
Yes — MPI provides free template FCPs for common food business types (e.g. café, restaurant, caterer). Using a template is quicker, but you still need to adapt it to your specific operation and get it registered.
What if I change my menu significantly?
Changes that affect your food safety hazards — such as adding a new food type, changing your cooking methods, or adding allergen-containing dishes — should be reflected in your FCP. Notify your council verifier of significant changes.
What are the penalties for non-compliance?
Operating without registration: fines up to $5,000. Serious food safety offences: up to $500,000 and/or imprisonment for individuals. Councils can also issue improvement notices and shut down unsafe food premises.