33Chief executive may grant exemption from requirement to operate under registered food control plan or national programme

1. The chief executive may exempt any person, group of persons, or type or description of food business within a food sector from the requirement to operate under a registered food control plan or a national programme—

2. on his or her own initiative; or
3. on application by any person.

4. The chief executive may grant an exemption on application only if he or she is satisfied that the person, group of persons, or food businesses concerned—

5. have demonstrated a valid and appropriate reason not to be required to operate under a registered food control plan or a national programme that outweighs the public interest in maintaining consistency of treatment of persons and food businesses in the same food sector; and
6. have demonstrated understanding and awareness of the importance of hazards and other factors that are relevant in achieving safe and suitable food.

7. In determining whether to grant an exemption (whether on application or on his or her own initiative), the chief executive must take into account the following matters:

8. the hazards and other factors that are relevant in achieving safe and suitable food:
9. the potential impact on consumers:
10. the frequency and scale of operation:
11. the feasibility, effectiveness, and efficiency of operating under a food control plan or a national programme:
12. the appropriateness of regulatory control in comparison with controls specified for similar food sectors or types or descriptions of food business:
13. any other matters that the chief executive considers relevant.

14. An exemption—

15. must be granted by notice under section 405; and
16. may be amended or revoked at any time by the chief executive by further notice under section 405; and
17. applies during the period (if any) specified in the notice; and
18. is subject to conditions (if any) that may be specified in the notice.

19. Without limiting anything in this section, a person who may be granted an exemption under this section includes someone who—

20. produces in his or her own home any food for sale; and
21. sells the food to a consumer only; and
22. does not otherwise sell or distribute the food.

23. This section is not limited by sections 343 and 344.

24. A notice issued under section 405 in reliance on this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the notice applies only to 1 or more named persons.