Food Act 2014 Checklist For New Food Businesses

Turning a food idea into a real business is exciting. Maybe you're testing sauces from your home kitchen, opening a small cafe, selling meal kits online or supplying baked goods to local stores.

The Food Act 2014 is usually one of the first legal steps to get right. But it doesn't sit on its own - your food safety registration, labels, supplier terms, website terms and employment documents all work together to protect your business.

Here's how to think about the Food Act 2014 in a practical way, so you can set up your food business properly and avoid fixing messy gaps later.

Do You Need To Register Under The Food Act 2014?

Yes, if you're selling food as a business in New Zealand, you'll usually need to register under the Food Act 2014.

The Food Act is New Zealand's main food safety law. It uses a risk-based system, which means your obligations depend on what food you handle and how much risk is involved. A cafe making ready-to-eat meals will usually have heavier obligations than a business selling low-risk packaged food.

You may need Food Act registration if you:

• prepare and sell food from a cafe, restaurant, food truck or market stall
• make food from home and sell it online, at markets or to other businesses
• sell packaged food through a website or social media
• manufacture, process, pack or store food for sale
• import food for sale in New Zealand
• supply food to retailers, caterers, schools or workplaces

There are some exemptions and special rules, such as for certain fundraising or community food activities. Don't assume a small side hustle is exempt though. If you're regularly selling food and receiving payment, you should check your category with your local council or the Ministry for Primary Industries.

You should also check your business structure and business name at the same time. If you're trading through a company, you'll need to register the company with the Companies Office, keep company details up to date, maintain any company constitution, consider a shareholders agreement if there is more than one owner, and use your New Zealand Business Number where required in business dealings.

Do You Need A Food Control Plan Or A National Programme?

It depends on the food safety risk of your business. Under the Food Act 2014, most food businesses operate under either a Food Control Plan or a National Programme.

Food Control Plans

A Food Control Plan is generally for higher-risk food activities, such as preparing or serving meals, making ready-to-eat food, or handling foods that need strict temperature control. Many cafes, restaurants, food trucks and some home-based food businesses use a Food Control Plan.

You may be able to use the Ministry for Primary Industries template Food Control Plan if your activity fits. If your process is unusual, more complex or outside the template, you may need a custom Food Control Plan.

National Programmes

National Programmes are generally for lower to medium-risk food activities. They sit in three levels:

• National Programme 1: lower-risk food activities
• National Programme 2: medium-risk food activities
• National Programme 3: higher-risk activities that don't require a Food Control Plan

Your category affects how much record keeping and verification you need. Verification means an approved verifier checks that you're following your food safety system in practice.

For example, Lena makes 40 boxes of cupcakes each month from her home kitchen and sells them through Instagram for $48 per box. Because she is making ready-to-eat food for paying customers, she shouldn't rely on being a small home seller as a reason to skip registration. She checks her activity, registers with the right council, sets up the required food safety procedures, and makes sure her labels cover allergens such as gluten, eggs and milk.

How Do You Register Your Food Business In New Zealand?

You register by applying to the correct registration authority, usually your local council or, for some businesses, the Ministry for Primary Industries.

Your registration pathway usually looks like this:

1. Identify Your Food Activity: Work out exactly what you'll make, sell, store, import or distribute.
2. Check Your Food Act Category: Confirm whether you need a Food Control Plan or a National Programme, and which level applies.
3. Prepare Your Food Safety System: Set up the plan, procedures, records and staff instructions you need for your category.
4. Apply For Registration: Lodge the registration with the correct council or MPI, and pay the relevant registration fee.
5. Arrange Verification: Book an approved verifier if your category requires it.
6. Train Your Team: Make sure anyone handling food knows the rules for hygiene, cleaning, allergens, temperature control and records.
7. Keep Your Registration Current: Renewal periods and fees depend on your registration type and authority, so check the details on your registration documents.

Fees vary between councils and depend on your type of registration, inspections or verification work. It's worth confirming the full cost before you commit to a launch date, because a delay in registration or verification can affect when you're ready to trade.

If your business changes later - for example, you add chilled meals, start wholesaling to supermarkets or move from home production to a commercial kitchen - you may need to update your registration or food safety plan. Food safety compliance isn't a once-only box to tick. It should move with your business model.

What Records, Labels And Website Rules Do You Need?

You need records that prove you're handling food safely, labels that tell customers what they're buying, and website terms that match how you sell.

Food Safety Records

Your records will depend on your Food Control Plan or National Programme, but they commonly include:

• cleaning schedules
• temperature checks for fridges, freezers, transport and cooked food
• supplier details and batch information
• staff training records
• allergen management steps
• complaints and product recall notes

These records are useful for more than compliance. If a customer complains that your product made them sick, good records help you trace what happened and respond properly.

Labels And Allergens

Food labels in New Zealand generally need to comply with the Australia New Zealand Food Standards Code, as well as the Fair Trading Act 1986. This means your labels and advertising can't mislead customers about ingredients, origin, health benefits, weight, freshness or suitability.

Allergen labelling is a key area to get right. The Plain English Allergen Labelling rules apply to food packed and labelled from 25 February 2024, with a stock-in-trade transition running until 25 February 2026 for some food labelled before that date. If your product contains allergens such as gluten, milk, egg, peanut, tree nuts, sesame, soy, fish, crustacea, mollusc, lupin or sulphites at the regulated level, check how they must be declared.

Website And Online Sales

If you sell through a website, you should also think about your online terms, refund wording and privacy notice. The Consumer Guarantees Act 1993 can apply to consumer sales, and the Privacy Act 2020 may apply if you collect names, addresses, dietary needs, payment details or marketing preferences.

What Contracts Should A Food Business Have In Place?

You should have written contracts for the relationships that affect your product, money and reputation.

Food businesses often focus on Food Act registration first, which makes sense. But commercial documents are what help you manage the day-to-day risks - late supplier deliveries, unpaid invoices, unclear minimum orders, product quality issues, customer refunds and online orders.

Common documents include:

• Supplier Terms: For ingredients, packaging, equipment, storage, delivery and wholesale supply.
• Customer Terms: For custom cakes, catering-style orders, meal subscriptions, deposits, cancellations and refunds.
• Website Terms: For online food sales, delivery rules, payment, order changes and limits on use of your site.
• Privacy Policy: For customer data, newsletter sign-ups, dietary notes and online orders.
• Wholesale Terms: If you supply cafes, grocers or other retailers.
• Confidentiality Agreements: If you share recipes, processes, supplier contacts or launch plans.
• Trade Mark Protection: If your brand name, logo or product line is becoming valuable, you can consider an IPONZ trade mark application.

Here's a simple outline for supplier terms. A lawyer should tailor this before you use it, because food supply terms need to match your product and operating model.

1. Parties: Name your business and the supplier, including company numbers or NZBNs if relevant.
2. Products: List the ingredients, packaging or goods being supplied and any quality specifications.
3. Orders: Set out how orders are placed, changed, accepted or rejected.
4. Delivery: Cover delivery dates, temperature requirements, risk, damaged goods and late delivery.
5. Price And Payment: State pricing, invoices, GST treatment, payment dates and late payment consequences.
6. Food Safety: Require compliance with food safety laws, traceability, recalls and records.
7. Allergens And Specifications: Require accurate allergen, ingredient and product information.
8. Liability: Allocate responsibility if defective goods cause loss, recall costs or customer complaints.
9. Termination: Explain when either side can end the arrangement.

Free templates can be a starting point, but they often miss food-specific issues like allergens, cold-chain delivery, batch recalls and labelling information.

What Should You Check If You Hire Staff Or Contractors?

You should check whether each person is an employee or contractor, then put the right written agreement in place.

Food businesses often rely on casual staff, kitchen hands, delivery drivers, market helpers and social media support. The label you use isn't the whole answer. Under the Employment Relations Act 2000, the real nature of the working relationship matters.

If someone is an employee, you need an employment agreement that covers their role, hours, pay, trial or probation terms if used correctly, duties, confidentiality, health and safety, and policies. You'll also need to manage leave under the Holidays Act 2003, including annual holidays and sick leave, and keep wage, time and leave records.

If someone is a contractor, you need a contractor agreement that reflects genuine independence. Recent Employment Relations Amendment Act 2026 changes introduce a contractor gateway test, which is designed to give more certainty where the relationship meets specific criteria. In practice, you should be careful where a contractor wears your uniform, works set shifts, uses your equipment and can't work for others, because that may look more like employment.

For example, if you pay Sam $30 per hour to deliver meals every Friday and Saturday from 5pm to 10pm, require him to use your branded bag, prevent him from working for other food businesses and closely control his route, calling him a contractor may not be enough. A tailored agreement and a check of the actual working arrangement can help avoid payroll, leave and termination problems later.

Key Takeaways

• The Food Act 2014 usually requires food businesses to register before selling food as a business in New Zealand.
• Your food safety category will usually be a Food Control Plan or a National Programme, depending on your food activity and risk level.
• Registration is only one part of the picture. Labels, allergen information, website terms, privacy documents and supplier terms matter too.
• The Fair Trading Act 1986, Consumer Guarantees Act 1993 and Privacy Act 2020 can all affect how you sell, advertise and handle customer information.
• If you hire staff or contractors, use written agreements that reflect how the relationship actually works, especially after the 2026 contractor gateway changes.
• Tailored documents can help you deal with late supplies, product issues, refunds, recalls and customer expectations without scrambling later.

If you'd like help with your food business contracts, supplier terms, website terms or employment and contractor agreements, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.