Do you need a food licence  for a market stall
in Australia?

Are you thinking of setting up a food stall at a market stall? If so, it is important to follow any relevant legal requirements to operate safely and legally.  The first thing you must determine is whether or not you will need a food licence.

Here’s a handy guide to help Australian market vendors understand the requirements for obtaining a food licence, including state-specific details.  Each market may also have its own internal policies surrounding selling food products.

Understanding food licences

A food licence, also known as a food business licence, is a legal requirement for anyone planning to sell food to the public. This licence ensures your business complies with food safety regulations and standards. The requirements for a food licence can vary depending on the type of food you sell, the method of sale, and your location. As a general rule of thumb, if you are selling non-packaged food, you will need a food licence.

General food licences requirements across Australia

In Australia, food businesses, including market stalls, must adhere to the Food Standards Code and local government regulations. Generally, these requirements include:

• Food business registration: All food businesses must be registered with the local council.
• Food safety standards: Compliance with the Australia New Zealand Food Standards Code, which includes standards for food handling, storage, and preparation.
• Food safety supervisor: In many cases, having a trained food safety supervisor is mandatory. More info
• Labeling requirements: Proper labeling of packaged foods, including ingredients, allergens, and nutritional information.
• Temporary food stall requirements: Specific requirements for setting up and operating a temporary food stall, such as hygiene practices and equipment standards.

State and territory-specific food licence requirements

Each state and territory in Australia has its own regulations and processes for obtaining a food licence. Below is a breakdown of the requirements and resources for each region:

New South Wales (NSW)

• Requirements: Notify the local council of your food business, have a Food Safety Supervisor for hazardous foods, and comply with labeling requirements.
• Resources: NSW Food Authority, Registering a Food Business in NSW.

Victoria (VIC)

• Requirements: Register with the local council, implement a food safety program, appoint a Food Safety Supervisor for Class 1 and 2 businesses.
• Resources: Victorian Department of Health, Starting a Food Business in Victoria.

Queensland (QLD)

• Requirements: Obtain a license from the local council, have a Food Safety Supervisor, comply with the Food Standards Code.
• Resources: Queensland Health, Starting a Food Business in Queensland.

Western Australia (WA)

• Requirements: Register with the relevant local government, implement food safety programs, possibly appoint a Food Safety Supervisor.
• Resources: WA Department of Health, Starting a Food Business in WA.

South Australia (SA)

• Requirements: Notify the local council of your food business, appoint a Food Safety Supervisor, comply with the Food Standards Code.
• Resources: SA Health, Starting a Food Business in SA.

Tasmania (TAS)

• Requirements: Register with the local council, implement food safety programs, and possibly appoint a Food Safety Supervisor.
• Resources: Tasmanian Department of Health, Starting a Food Business in TAS.

Northern Territory (NT)

• Requirements: Notify the local council of your food business, implement food safety programs, and possibly appoint a Food Safety Supervisor.
• Resources: NT Department of Health, Starting a Food Business in NT.

Australian Capital Territory (ACT)

• Requirements: Register with Access Canberra, implement food safety programs, and possibly appoint a Food Safety Supervisor.
• Resources: Access Canberra, Starting a Food Business in ACT.

Steps to obtain a food licence

1. Determine your requirements: Review the specific requirements for your state or territory and local council. Review the links above or give your local council a call.
2. Complete necessary training: Ensure that you and/or your staff complete any required food safety training programs.
3. Register your business: Apply for registration with your local council or relevant authority.
4. Prepare your stall: Set up according to local guidelines, ensuring all equipment and practices meet safety standards.
5. Submit your application: Complete and submit your food business license application with any required documentation.
6. Inspection: Be ready for a health inspection of your stall to ensure compliance with food safety standards.
7. Receive your licence: Once approved and you pass the inspection, you will receive your food licence to legally operate.

Obtaining a food licence is an important step in setting up a market stall in Australia. By understanding and complying with the legal requirements specific to your state or territory, you can ensure your business operates smoothly and safely. Use the resources provided to guide you through the process and make sure you are fully prepared to serve your customers with confidence. Whether you are selling homemade baked goods, fresh produce, or gourmet treats, having the right licence and adhering to food safety standards is essential for success.

Planning a food stall? Read the market stall checklist and find markets near you in the market directory. Rules differ by council, so always confirm with your local council.