Temporary / Mobile / Market food stall

Temporary and Market Food Stalls operating in the Gladstone Region require a food licence approved by the Gladstone Regional Council if the food preparation activity is as described in any of the examples below.

Who may not need a licence?

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 based cooking, including courses where food is prepared and eaten on site and providing home support or personal chef services
• Cooking and selling or giving away food where the final transaction is completed at the same premises where the food was cooked
• 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, e.g. 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, e.g. 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, e.g. 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:

• Manufacturing e.g. making food by combining ingredients
  • Making biscuits or cakes for retail sale for profit (eg baking at home, then selling at stalls and markets)
  • Delivering homemade meals
• Changing the composition of food by any process, such as:
  • milling flour
  • peeling, cutting or freezing vegetables,
  • opening and repackaging of food then transporting to another location
• Bottling or canning food
• Repackaging food, excluding unprocessed primary produce such as meat
• Making and packaging ice
• Making and selling of doughnuts and churros, served with ice cream / cream
• Cooking courses undertaken in a non-residential kitchen, where the course is paid for and food is consumed on site
• Cooking carried on by non-profit organisations involving sale of meals 12 or more times each financial year.

Examples of food business considered licensable including but not limited to:

• Food manufacturers (e.g. 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.