Fixed food business

A fixed food business includes:

• cafe/restaurant
• takeaway food shop
• bakery
• home business
• child care centre
• fruit and vegetable shop
• food manufacturer
• caterer.

Mobile food business

With an increase in events and festivals in the region, mobile food vehicles and mobile food carts have increased in popularity. Mobile food vehicles and carts are considered to be food businesses and may need to be licensed under the Food Act 2006.

The Food Act 2006 enables an operator of a mobile food vehicle to take the vehicle into any Local Government in Queensland and operate under the one licence. The Local Government in which the van operates may inspect the vehicle and take action against the operator if required. A mobile food business only requires licensing from one local council area in Queensland from where it is based. 

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.

Operating on the side of a road or footpath

If you wish to operate your mobile food vehicle or cart by the side of the road or on the footpath or in any other local government-controlled area, you may need to apply for approval under Council’s Local Law. No 1 (Administration). For more information, phone Council on 131 872.

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.

When you need a 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 us on 131 872.

When you don't need a 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)
  • carob
  • chocolate bars
  • chocolates
  • churros
  • confectionary
  • corn chips and potato chips
  • crackers
  • croissants
  • doughnuts
  • dried or glazed fruit
  • dried vegetable chips
  • friands
  • meat jerky (pre-packaged)
  • muesli bars
  • muffins (without fresh cream or custard in the filling or icing)
  • nuts
  • popcorn
  • pretzels
  • 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:
  • 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.

You may not need a food business licence for the activities listed but you still need to comply with the Food Act 2006.

These businesses may be inspected and are subject to the same offences and enforcement methods as licensed food businesses. If you have any queries regarding whether you are a licensable food business, please contact us on 131 872.

If water carriers are carting potable for other purposes than human consumption, a Food Licence is not required. For example, operators may still hold a permit to access potable water however be using it for other purposes such for livestock use etc.

From 8 December 2023, new food safety laws will affect food service, caters and retail businesses that handle potentially hazardous foods that is ready to eat.

Generally, this includes caterers, restaurants, cafés, takeaway shops, pubs, supermarkets and delis, food vans and other facilities serving food. The standard requires these businesses to apply either two or three food safety management tools, based on their food handling activities. The three tools are a food safety supervisor, food handler training and substantiation of critical food safety controls.

The standard classifies businesses as category one or category two businesses (explained below). Category 1 businesses must implement all three management tools. Category 2 businesses must have a food safety supervisor and have staff trained in safe food handling. 

Watch a short video explaining the changes - An Introduction to Standard 3.2.2A by FSANZ.

What is a category 1 business?

A category 1 food business is a caterer, food retailer or food service that processes potentially hazardous food and then serves it to customers so they can eat it in the business or elsewhere.

The following food businesses are commonly category 1 businesses:

• restaurants
• takeaways
• kiosks
• canteens
• food stalls
• caterers
• hotels
• motels
• cafes
• bakeries
• aged care facilities
• early learning centres

Changes affecting category 1 businesses

From December 8, 2023, the following changes apply to category 1 businesses:

• Each business must have a trained food safety supervisor that can produce a certificate issued from a registered training organisation that contains the national competencies appropriate to their food sector.
• All food handlers need to produce a food safety training course certificate or be able to demonstrate their food handling skills and knowledge.
• Businesses unable to demonstrate safe food handling practices must maintain food safety records. Records can include temperature records or written standard operating procedures.

For a view on food safety training requirements, please view Food Safety management - Training and supervisors.

Records that you may need to complete

You may need to keep records if you are unable to demonstrate

• food is received under temperature control.
• food is stored under temperature control.
• adequate pathogen reduction steps are occurring.
• processing time is minimised/monitored.
• food is cooled appropriately.
• food is re-heated appropriately.
• food is displayed under temperature control.
• the food business and equipment are cleaned and sanitised.

If you cannot demonstrate to an authorised person that your business complies with the above-mentioned requirements, you must maintain records. Records can include the development of written standard operating procedures or keeping temperature monitoring logs.

What is a category 2 food business?

A Category 2 food business offers ready to eat potentially hazardous food for retail sale. The food is not processed by the business, except to slice, weigh, repackage, re-heat or to hot hold.

The following food businesses are commonly Category 2 businesses:

• delicatessens
• market stalls
• supermarkets with delicatessens
• service stations
• convenience stores

Changes affecting category 2 businesses.

From December 8, 2023, the following changes apply to category 2 food businesses:

Each business must have a trained food safety supervisor that can produce a certificate issued from a registered training organisation that contains the national competencies appropriate for their food sector.

All food handlers need to produce a food safety training course certificate or be able to demonstrate their food handling skills and knowledge.

Checking food business category

Use the food categorisation tool to understand which food business category applies to your business.

You can use the tool to assist you in applying for a food business licence or to double-check the food business category we have applied to your business.

• Food business categorisation tool

If the category we have applied to your business does not match the results you receive from the tool, let us know by giving us a call on 131 872 or by sending an email to environmentalhealth.services@tr.qld.gov.au.

When you are exempt from complying with the Food Act 2006

The Food act 2006 does not apply to:

• the handling and sale of food at a tuckshop operated by a Parents and Citizens association at a State School; or
• the handling, at a person’s home, of food intended to be given away to a non-profit organisation for sale by the organisation.

       Example - Baking a cake at a person’s home to give to a junior football club committee for sale by the committee at a fundraising stall.

Food and personal record search

Food and personnel record search contains only public information.

• licensee name
• trading name and address
• licence number
• expiry date and any current conditions.

Please contact us for the relevant form or for more information.

Liquor licensing: Liquor licensing permits are obtained from the liquor licensing division of State Government. The liquor licensing division is part of Fair Trading and can be contacted on 07 4637 6000 or by visiting their website. 

Footpath dining: If you wish to place tables and chairs on the footpath, you may need to obtain approval if you do not meet the minimum standards outlined in the local law. For further information, read our footpath dining information page.

Roadside vending: If you want to sell food on public land including roads from a mobile vehicle, you may need a a roadside vending approval.

Vehicle registration: Mobile food vehicles need registration with the Department of Transport and Main Roads.

Advertising and signage: For further information about whether your outdoor advertising and signs need to be licensed, read our advertising signs information page.

Business registration: Business name registration is governed through the Australian Securities and Investments Commission (ASIC) Registering for an Australian Business Number (ABN) is completed via the Australian Business Register.

Other departments outside council: Depending upon the nature of your business a number of Government bodies may wish to have an input into your business.  For further information please contact the Department of Employment, Economic Development and Innovation on 13 25 23 for a complete list of relevant licensing bodies.

Industry associations: There are numerous associations that assist people in the food industry. Some major associations are:

• Restaurant and Catering Queensland - phone 1300 722 878
• Commerce Queensland - phone 1300 731 988
• Queensland Hotels Association - phone 07 3221 6999

Queensland Health: Queensland Health can provide information about the Food Safety Standards that relate to labelling and food composition requirements. They can be contacted on 07 4699 8240 or visit their website.

Additional food hygiene information: Additional information about food hygiene can be obtained from Food Standards Australia New Zealand (FSANZ). FSANZ promotes safe food through developing national food safety standards. Contact FSANZ on 02 6271 2222 or visit the FSANZ website.

Food labelling

You can find information on food labelling in these Queensland Health fact sheets and guidelines.

• Labelling of imported alcohol beverages
• Meat and meat products
• Bread and bakery products
• Fish and fish products
• Label buster guide - guide for food businesses on labelling requirements

Other online tools you can use.

• Label Buster step-by-step guide to help you create a food label and product sheet.
• Do I need a label short quiz.