Temporary / Mobile / Market food stall
Temporary and Market Food Stalls operating in the Gladstone Region require a food licence approved by Gladstone Regional Council if the food preparation activity is as described in any of the examples below.
All food businesses must comply with the Food Act 2006, Food Regulation 2016 and Food Safety Standards regardless of whether the business requires a licence or not.
Environmental Health Officers investigate any complaints received and carry out routine food safety inspections.
The following food business activities do not require a licence:
- Home cooking demonstrations whereby participants supply the ingredients, help with the food preparation and then consume the food.
- In-home support or personal chef services.
- Selling of coffee, including grinding of whole coffee beans at the place of purchase and placed back into the same bag, or buying beans in bulk and packaging into individual bags.
- Making and selling of doughnuts and churros at homes and other locations which are not served with ice cream or cream on top.
- Opening and repackaging food at the site of sale, eg. opening a bulk pack of lollies and repacking into smaller bags without changing to the composition of the lolly by cutting or melting.
- A commercial business selling only pre-packaged food, eg. chips, pre-packaged hot pies, chocolate bars.
- A non-profit organisation selling or giving away food where meals are served less than 12 times per financial year, eg. fund-raising sporting clubs
- Handling or sale of raw seafood under a buyer licence issued under the Fisheries Regulation 1995.
- Sale of whole fruit or vegetables (not cut or prepared).
- Sale of seeds, spices, dried or glazed fruit, dried herbs, unprocessed tea leaves.
- Sale of drinks such as tea, coffee, soft drink and alcoholic drinks (NB alcoholic drinks will require a Liquor Licence from the Office of Liquor Gaming and Racing).
- Sale of ice products such as slurpees and snow cones or bags of party ice.
NB: The Food Act 2006 is subject to change. Food businesses that do not require a licence now, may require a licence in the future. It is worth considering this when planning a new food business. It is important to be familiar with Food Safety Standards as changes in the legislation may require food businesses to make some adjustments in order to comply with the changes in law.
Food businesses handling foods in the following ways, with the intent to sell, must have a Food Licence:
Examples of food business considered licensable including but not limited to:
- Food manufacturers (eg. cannery, production of packaged ice)
- Restaurants
- Caterers
- Delicatessens
- Cafes
- Takeaway food shops
- Hotels/Motels providing meals
- Bakeries
- Mobile food vehicles
- Temporary food stalls
- Private hospitals
- Bed and breakfasts
- Drinking water carriers
- Honey Production.
A food business operation is an activity that involves the handling of food intended for sale, which is carried out by any of the following:
- A business which operates regularly from a fixed location
- A business which provides off-site catering
- A charitable group
- A community group
- A temporary market stall/food van
- A home‑based activity
- A mobile service delivery.
Handling food includes any of the below activities:
- Making
- Manufacturing
- Producing
- Collecting
- Extracting
- Processing
- Storing
- Transporting/Delivering
- Preparing
- Preserving
- Packaging
- Cooking
- Thawing
- Serving.