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Food stalls

Kāpiti has amazing farmers' and weekend markets – we all love supporting local. Our top-quality stallholders follow important guidelines to be safe, and the Council is keen to help new food stallholders understand the rules, too.

If you want to sell food at a market or event, you need to register as a food business, and meet the same requirements as other registered food businesses.

Exemptions | Hygiene at markets and events | Charities and fundraising stalls | Preparing or selling food once a year | Guidance for market managers or event organisers | Food stall approval

Exemptions

Some sellers are exempt from registering as a food business. This includes:

Type of food seller Requirement
Fruit or vegetable grower only selling unprocessed fruit or vegetables they have grown, direct to the consumer Exempt (must not sell ready to eat salads)
Charity or fundraising group selling food less than 20 times a year.
(see Charities and fundraising stalls for more information)		 Exempt

A person selling food on one occasion per year

 Exempt
A retailer selling manufacturer packaged shelf-stable food (packaged nuts, chips, confectionery) Exempt (provided they are not the manufacturer and food is properly labelled)

Hygiene at markets and events

You must make sure you have adequate clean water and waste water disposal available for basic hand hygiene, utensil cleaning and to prevent cross-contamination.

All operators must have a supply of clean running water, and a container to collect waste water. You can do this by placing a 10-litre water container (with a tap) on a table, with a second container on the ground to collect waste water. 

The Ministry for Primary Industries provides useful information about making sure food is safe, in the Community food section of their website.

Charities and fundraising food stalls

Under the Food Act 2014, a charity or fundraising food stall can operate 20 times in any calendar year without needing registration or approval to operate. This means that fundraising food stalls at sports clubs, or school one-day fundraisers, fundraising sausage sizzles and cake stalls do not need Council approval or registration.

However, an event or market organiser may ask you to apply for food stall approval to confirm you are exempt from registration.

For food safety information, food safety tips or checksheets for the operator of the fundraising food stall, see the Ministry for Primary Industries’ Fundraising and community events page.

Preparing or selling food once a year

If you want to sell food once a year, you don’t need to apply to the Council for approval or registration.

However, an event or market organiser may ask you to apply for food stall approval to confirm you are exempt from registration.​

For food safety information, tips, and your responsibilities, see Fundraising and community events on the Ministry for Primary Industries’ website.

Guidance for market managers and event organisers

Council staff are happy to work proactively with you to make sure that food sales at your market or event operate under the law, and food sold is safe. 

  • Registered operators should always be able to show you a copy of their current certificate of registration of the food business. If you have any concerns, contact a food officer on 0800 486 486.
  • You are likely to have prospective stallholders who advise they are exempt from the requirement to be registered (eg, a fundraising stallholder or a person selling food on a "one off" occasion in a year).
    If you are unsure whether to allow them to operate, Council offers a free screening service for your piece of mind. Ask the stallholder to apply for food stall approval.

Our food officers encourage market managers/event organisers to ensure that food stallholders have easy access to a tap where they can refill containers with town supply water and a disposal point where they can dispose of waste water. Ensuring there is enough clean water and waste water disposal is essential for basic hand hygiene, utensil cleaning and cross-contamination prevention.

If you have any questions related to food safety at the event, please contact a food officer on 0800 486 486.

We may contact you occasionally for a list of food sellers at your market/event and their contact details. We appreciate your help with this as keeping these details up to date can help with prompt follow up in relation to food complaints, foodborne illness or food recalls.

Food stall approval

If an event or market organiser asks you to have your plan checked by Council staff, follow these steps:

  1. Complete the Application for food stall approval at an event [DOCX 344 KB] form.
  2. Email the completed form to [email protected].
  3. Our food officers will process the application free of charge, and get back to both you and the event organiser/market manager. 

Remember that you’ll need the permission of the landowner, market manager or event organiser, regardless of whether Council staff have approved a food stall application.

For food safety information, tips, and your responsibilities, see Fundraising and community events on the Ministry for Primary Industries’ website.

Updated 6 May 2024