Do I need a food business licence?
Who needs a food business licence
If you handle or prepare unpackaged food, you generally will require a licence. Examples of unpackaged foods that require a licence are:
- fruit or vegetable juice that is processed at place of sale
- cakes, muffins or biscuits with fresh cream or custard in the filling or icing
- takeaway food such as hot chips and hamburgers
- making food by combining ingredients such as jams, sauces, curries or soup
- bread and bread rolls
- sandwiches, including toasting sandwiches at a cafe
- bulk coffee that is repackaged into smaller containers
- any other unpackaged food that is not exempt.
This is not an exhaustive list and if you still have queries about the type of product you are going to prepare and sell, contact Council.
Find out more about the licensing requirements for child care and the licensing requirements for outside school hours care.
Who does not need a food business licence
You do not need a licence for these activities.
- Selling pre-packaged food only.
- Selling whole fruit and vegetables only.
- Production of primary produce such as milk or meat at a butcher, with accreditation. Refer to the Food Production (Safety) Act 2000 for more information.
- Selling drinks such as tea, coffee and soft drinks.
- Selling alcohol. A liquor licence may be required to sell alcohol.
- Selling pre-packaged fruit or vegetable juice. You do not need a food business licence for fruit and vegetable juice not prepared at the place of sale (e.g. ginger juice manufactured elsewhere), but you will need to comply with labelling requirements, and you may need a food manufacturer licence.
- Selling snack foods that are not potentially hazardous:
- biscuits and cakes (without fresh cream or custard in the filling or icing)
- chocolate bars
- corn chips and potato chips
- dried or glazed fruit
- dried vegetable chips
- meat jerky (pre-packaged)
- muesli bars
- muffins (without fresh cream or custard in the filling or icing)
- puffed rice
- soy chips
- toasted corn.
- Selling seeds, spices and dried herbs.
- Selling tea leaves.
- Selling coffee beans and ground coffee.
- Grinding coffee beans.
- Selling ice and flavoured ice.
- Selling the following foods when they are not potentially hazardous:
- uncooked couscous
- crushed, puffed or toasted nuts, grains and seeds
- edible oil, for example, olive oil, vegetable oil and macadamia oil
- uncooked pasta
- preparations for spreading on bread, for example, honey, peanut butter, hazelnut spread, Vegemite, jam and marmalade
- syrups, for example, golden syrup, maple syrup, rice syrup, malt syrup, glucose syrup and coconut syrup.
You may not need a food business licence for the activities listed but you still need to comply with the Food Act 2006.
Non-profit food businesses
Different rules apply to licensing of non-profit organisations.
- Non-profit organisations need a licence when meals are served 12 or more times in a financial year. A meal is food that is meant to be eaten at a table with cutlery. Examples of a meal are:
- roast meat and vegetables
- curries and stir-fry
Examples of food that is not a meal:
- pie and sausage roll
- hot dog
- hamburger and hot chips
- sausage sizzle
- soup in a cup.
- Non-profit organisations don’t need a licence for these activities:
- selling packaged food
- selling unpackaged food that is not a meal
- reheating or serving pre-prepared meals, for example, reheating frozen meals or making soup from a packet mix
- selling food that is not potentially hazardous:
- tea and coffee
- biscuits and cakes
- soft drink
- confectionary and nuts
- selling food that has a low risk of causing food poisoning:
- whole fruit
- selling food that the customer helps to prepare, for example, a carer helping to prepare food at an accommodation facility
- selling food as part of a training or educational activity, for example, a cooking course where the food produced is served to customers to raise money for the organisation
- surf live saving clubs selling meals for a small price when a member of the club helps to prepare the meal.
You may not need a licence for these activities but all non-profit organisations still need to comply with the Food Act 2006. You can find more information in Queensland Health's Food safety in non-profit organisations.
Home based food businesses
Licensable home based food business
Home kitchens can be used to operate a food business. Some home based food businesses need to have a licence, for example:
- bed and breakfast (e.g. cooking bacon and eggs)
- farm home stay
- preparation of food to be sold at markets
- motel kitchens that are also used as a kitchen for onsite owners or managers.
When a licence is not required for home based food business
Some home based activities don’t require a licence, for example:
- preparation of food for a student boarder
- preparation of food for a person as part of a home support service (e.g. a carer preparing food at the home of a person with a disability or family day care)
- cooking demonstrations (e.g. kitchen product demonstrations at a private residence).
Food business licence types
Fixed food business
A fixed food business includes:
- takeaway food shop
- home business
- child care centre
- fruit and vegetable shop
- food manufacturer
Mobile food business
A mobile food business includes:
- food trucks
- a food business that involves selling hamburgers from a motor vehicle
- ice cream van
- pie van (smoko truck)
- mobile snack trucks
- mobile food trailers
- domestic water carriers
- unpackaged food from a vending machine.
A mobile food business only requires licensing from one local council area in Queensland from where it is based.
Temporary food business
Market stalls and stalls at fetes are examples of a temporary food business. If you operate your temporary business in more than one local government area, you are required to hold a food business licence with each of the local councils where you intend to operate.
Council categorises short term (one to twelve consecutive days) temporary food stalls into high risk and low risk, depending on the activities carried out by the business.
Short-Term Temporary Food Stall High Risk is defined as full preparation where stalls are preparing, storing, handling or cooking unpackaged food, including cooking food on-site for taste testing.
Short-Term Temporary Food Stall Low Risk is defined as applying to all other food stalls which do not meet the high risk category. Examples include:
- cutting fruit or vegetables;
- taste testing that involves the opening of a pre-packaged food;
- sale only of potentially hazardous foods (i.e. no preparation)