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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, please contact Council.

The applicant for a licence must be a legal entity, for example, person(s) or a 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 such as, stalls, fetes or markets 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. If you are unsure if your business requires a licence, contact Council.
  • Sale of unpackaged food by retail - unless a non-profit organisation.
  • Examples:
    • barbeque 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, for 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 preparing a ‘meal', then it is not considered a licensable food business. A meal is food that is meant to be eaten at a table with cutlery. This definition exempts sausage sizzles from being licensable activities.
    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 (e.g. an abattoir or dairy farm)
    • sale of the following unpackaged snack food that is not potentially hazardous:
      • biscuits and cakes (however, the business where the biscuits/cakes are made needs to be licensed unless you are making them at the food stall)
      • dried or glazed fruit
      • carob
      • chocolate bars
      • chocolates
      • churros
      • confectionary
      • corn chips and potato chips
      • crackers
      • croissants
      • doughnuts
      • dried vegetable chips
      • friands
      • meat jerky
      • muesli bars
      • muffins
      • nuts
      • popcorn
      • pretzels
      • puffed rice
      • soy chips
      • toasted corn
    • 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:
      • alcoholic drinks
      • soft drinks
      • tea or coffee
    • sale of ice including flavoured ice such as snow cones or bags of party ice
    • selling the following foods when they are not potentially hazardous:
      • cereals
      • cocoa
      • coconut
      • uncooked couscous
      • crushed, puffed or toasted nuts, grains and seeds
      • edible oil, for example, olive oil, vegetable oil and macadamia oil
      • flour
      • legumes
      • lentils
      • noodles
      • oats
      • uncooked pasta
      • preparations for spreading on bread, for example, honey, peanut butter, hazelnut spread, vegemite, jam and marmalade
      • quinoa
      • sugar
      • syrups, for example, golden syrup, maple syrup, rice syrup, malt syrup, glucose syrup and coconut syrup.
    • provision of meals by a non-profit organisation if:
      • the meal consists only of fruit, cereal, toast, or similar food
      • 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 (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.