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Overview


The main purpose of the Food Act 2006 is to ensure food for sale is safe and suitable for human consumption. This Act requires Council to monitor the standard of operations in fixed food premises and this is achieved by providing for the licensing of particular food businesses. Compliance with the Act will assist you in providing safe food for your customers. If your specific questions are not answered on this site, refer to Council.
The applicant for a licence must be a legal entity (eg person(s) or Company).
Note - a business name or shop name is not a legal entity and cannot be the licence holder.

A food business that conducts the following activities requires a licence from Council. (unless non-profit organisation - see below) NB: If you are unsure if your business requires a licence, contact Council.
Manufacture of food
Examples:

  • Making food for wholesale by combining ingredients. For example, producing frozen meals in a factory or producing cake mixes.
  • Significantly changing the condition or nature of food by any process such as milling flour, peeling, cutting or freezing vegetables.
  • Bottling or canning food.
  • Packing unpackaged food, other than unprocessed primary produce. For example, packing bulk coffee for wholesale.
  • Making and packaging of ice (with the exception of making ice at a particular venue for use at that venue. For example, selling flavoured ice such as snow cones or bags of party ice).
  • Making biscuits or cakes for retail sale for profit (For example, baking at home, then selling at stalls, markets or fetes etc.).
Examples of licensable food businesses:
  • Restaurant or delicatessen.
  • Catering business.
  • Takeaway pizza shop.
  • Motel providing meals with accommodation.
  • Child care centres/services.
  • Private residential facilities.
  • Bed and breakfasts.
  • Preparing and selling meals to homeless persons at a homeless persons’ hostel.
  • The preparation of meals by Meals on Wheels.
Non Profit Organisations
Non-profit organisations are considered licensable food businesses if they provide meals at a particular place on at least 12 days each financial year. Examples:
  • A restaurant, open daily to the public, operated by a sporting club to raise revenue for the club
  • A non-profit organisation preparing and selling meals to homeless persons at a homeless persons hostel
  • The preparation of meals by Meals on Wheels
  • Mobile food van (providing meals) at a sporting ground
NOTE:  If the non-profit organisation is not deemed to be preparing a ‘meal’ as outlined below, then it is not considered a licensable food business.  This definition exempts sausage sizzles from being licensable activities.

    Food Act 2006 - Schedule 3
    meal means food that—
    (a) is, or is intended to be, eaten by a person sitting at a
    table, or a fixed structure used as a table, with cutlery;
    and
    (b) is of adequate substance as to be ordinarily accepted as a meal.
For further information, refer to the Guidelines in "Tools & Resources".
Even though a licence may not be required, you still have a responsibility to ensure the sale of safe and suitable food and an obligation to comply with the Food Standards Code. This includes the design, construction and fit out of your premises.

A food business that conducts ONLY the following activities does not require a food licence from Council but may need an approval from another Government agency:

  • Sale of pre-packaged food only
  • Production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000, Part 5. eg abattoir or dairy farm.
  • Food business conducted by the State or a government owned corporation. 
  • Tuckshops operated by a parents and citizens association at a State School.
  • Handling of food at a person’s home that is intended to be given away to a non-profit organisation for sale by the organisation.
  • Sale of unpackaged snack food that is not potentially hazardous.
    • Examples:
    • Corn chips or potato chips.
    • Biscuits or cakes. (however the business where the biscuits / cakes are made needs to be licensed)
    • Confectionary.
    • Nuts.
    • Dried or glazed fruit.
  • Sale of whole fruit or vegetables.
  • Sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee.
  • Grinding of coffee beans.
  • Sale of drinks, other than fruit or vegetable juice processed at the place of sale.

    • Examples:
    • Tea or coffee.
    • Soft drinks.
    • Alcoholic drinks.
  • Sale of ice including flavoured ice such as snow cones or bags of party ice.
  • Provision of meals by a non-profit organisation if:
    • the meal consists only of fruit, cereal, toast, or similar food, or
    • the consumer of the meal helps to prepare it.
  • Sale of unpackaged food, not considered to be a meal, by a not-for-profit organisation. Example; BBQ sausage sizzle.
  • Provision of meals by a non-profit organisation that:
    • are pre-prepared by an entity other than the organisation, and
    • are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacture.

    Example: The provision of a frozen meal, at the canteen of an independent school, after the meal is microwaved in accordance with instructions on the meal’s packaging.

  • Provision of a meal prepared by a non-profit organisation  as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering.



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