Update from Vincent Arbuckle, DDG, NZFS

Kia ora koutou,

Welcome to the September 2025 edition of Food News.

The recent announcement of the export exemptions marks a significant shift to facilitate food exports. Previously, businesses had to request exemptions for each individual product. This process was time consuming and created situations where exporters could miss out on opportunities. The new regulatory pathway enables exporters to self-manage exemptions, provided they meet the relevant conditions. The changes are designed to facilitate greater market access while maintaining the integrity of New Zealand’s food safety and assurance systems. You can find more detail on exemptions further in the newsletter.

You will also find that New Zealand Food Safety (NZFS) is proposing to exempt home-based cake makers and decorators of shelf-stable cakes from requiring a registered Food Control Plan or National Programme and associated verification. This proposal explores whether the requirements that cake-makers operate under are disproportionate to the level of food safety risk.

My continued thanks to the verifiers. I appreciate your work to ensure food continues to be safe, suitable, and informatively and truthfully labelled. Your contributions uphold the integrity of the food safety system and New Zealand’s export reputation. 

Ngā mihi nui,

Vincent Arbuckle
Deputy Director-General, New Zealand Food Safety

New export exemptions available to food businesses

The way composition and labelling exemptions are handled for some exported food products has changed. From 25 September 2025, food exporters of foods won’t need to apply for special exemptions from New Zealand rules, provided they meet the requirements of Food (Exemption of Food for Export) Regulations 2025.

Exporters of foods within scope will be exempt from meeting specific composition and labelling requirements without making an application. This streamlined approach will make exporting easier and more efficient.

Businesses can look at MPI’s guidance document or visit the Exempting food exports from New Zealand requirements web page on the MPI website for further information.

Exemption proposal for home-based cake makers 

NZFS is proposing a section 33 class exemption under the Food Act 2014 for home-based cake makers and decorators of shelf-stable cakes. This proposal would remove the requirement for this class to operate under a Food Control Plan (FCP) or National Programme (NP).

The proposal is based on feedback and preliminary analysis that current requirements are disproportionate to the low risk posed by shelf-stable cakes. This analysis forms part of a wider NZFS review which aims to reduce compliance cost for small-scale operators who make low food safety risk foods.

The consultation period for this proposal closed on 28 September. NZFS is now analysing submissions to consider whether any changes are needed to the proposal.  We will seek any further clarification where necessary and once complete, we will post a summary of submissions on our website.

You can access the proposal and associated information at Proposed regulatory exemption for home-based cake makers and decorators of shelf-stable cakes.

Current requirements for food sold as ice cream in New Zealand

Under the Australia New Zealand Food Standards Code (the Code), some foods, like ice cream, have specific definitions that they need to meet (Chapter 1), along with any applicable specific product requirements (Chapter 2). Businesses that make or import a food product defined in the Code must ensure the food complies with the definition and any applicable product requirements.

A food product sold as ‘ice cream’ must meet the definition in Standard 1.1.2: ‘A sweet frozen food that is made from cream or milk products or both, and other foods, and is generally aerated.’

To meet the specific compositional requirements for ice cream outlined in Standard 2.5.6—3(b)(i) and (ii), the product must:

• contain no less than 100 g/kg of milk fat; and
• contain no less than168 g/L of food solids

A food product that does not meet these requirements cannot be called ‘ice cream’ but may be labelled with an alternative name or description like ‘frozen dessert’. The name or description of the product must indicate the true nature of the food as per Standard 1.2.2. 

2025-2026 Continuing Professional development year begins on 1 October

The Food Safety Academy will go offline for a short period starting 1 October to transition to the new Continuing Professional Development (CPD) year.

Academy users will receive an email when the Academy goes back online. The email will also contain information and links for new and updated CPD resources.

"My Food Plan" custom Food Control Plan changes

There are two application pathways to register a Custom Food Control Plan (FCP) with the Ministry for Primary Industries (MPI):

• the conventional pathway with a fully customised FCP; or
• the “My Food Plan” pathway.

The My Food Plan application process has changed and, from now on, any food businesses wanting to register a My Food Plan custom FCP must first contact a recognised evaluator to carry out a desktop evaluation. A list of evaluators can be found on MPI’s public register.

Under the conventional pathway, the operator is responsible for every aspect of the plan including its development, validation and independent evaluation.

The “My Food Plan” pathway allows food businesses to use an online tool (My Food Rules) to obtain a Custom FCP so they do not have to develop their own plan. See here for more details.

If you have any questions on the new process, please email approvals@mpi.govt.nz.

Supporting exporters with health and nutrition content claims

NZFS has launched a new online resource to support food and beverage exporters making health or nutrition content claims. This resource is designed to help exporters understand labelling requirements and ensure their products meet overseas standards. 

The web page brings together key regulatory information and guidance for businesses exporting to major international markets. It also includes general advice relevant to all export destinations. 

We encourage food and beverage businesses - particularly those making health or nutrition claims - to explore this resource and share it with others who may benefit. 

Visit the webpage: Exporting products with health and nutrition content claims.

Consultation opens on proposals to manage high pathogenicity avian influenza H5N1 in poultry

MPI is seeking feedback on proposals for a long-term approach to manage high pathogenicity avian influenza (HPAI) H5N1 in poultry that aims to reduce the impact if the virus arrives here.

If HPAI H5N1 clade 2.3.4.4b arrives in New Zealand, it is highly likely to become widespread in wild birds and be impossible to eradicate. Widespread or repeated infections in commercial poultry could impact the domestic supply of poultry meat and eggs, as well as exports.

MPI has been working closely with the poultry and egg industries to both prepare for HPAI H5N1, and to develop a long-term approach that minimises the impact on industry. As part of this work, MPI is proposing to create regulations under section 165 of the Biosecurity Act 1993 to manage HPAI H5N1 in poultry.

The regulations would require commercial poultry operators to have an avian biosecurity control programme in place that sets out how their business will prevent and manage a potential H5N1 outbreak. Each operator would also be required to meet appropriate on-farm biosecurity standards, keep records and provide information when required.

Avian biosecurity programmes would be audited to ensure they are fit for purpose. There could be fines for those who do not comply with the regulations.

Some of the proposed regulations could also apply to semi-commercial poultry operators and non-commercial poultry owners.

MPI is hosting two webinars in the proposals for anyone who wants to know more:

• Wednesday 8 October, 6pm: Registration link
• Thursday 16 October, 2pm: Registration link

Visit the consultation page on MPI’s website for more information or to make a submission. Consultation runs until 2 November 2025.