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Home > Moreton Bay Regional Council > Environmental Health > Food Business - Temporary

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  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.

If you operate your licensable food business from temporary premises (eg stalls, fetes or markets etc) in more than one local Council area, you are required to hold a food business licence with each of the local Councils where you intend to operate.

A food business that conducts the following activities requires a licence from Council: NB: If you are unsure if your business requires a licence, contact Council.
  • Sale of unpackaged food by retail (unless non-profit organisation - see below). Examples:
    • BBQ stall/sausage sizzle at outdoor event.
    • Food stalls at markets.

    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.
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 issued 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 an abattoir or dairy farm.
  • 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/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 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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