Food Business/Mobile Food Business Licence - Schedule 1

Licence Requirements

The applicant for a licence must be a legal entity (e.g. person(s) or corporation).  A business name or shop name is not a legal entity and cannot be the licence holder.  A food business that conducts the following activities requires a licence from Council:

  1. Making food for wholesale by combining ingredients such as producing frozen meals in a factory or producing cake mixes
  2. Significantly changing the condition or nature of food by any process such as milling flour, peeling, cutting or freezing vegetables
  3. Bottling or canning food
  4. Packing unpackaged food, other than unprocessed primary produce for example, packing bulk coffee for wholesale
  5. Making and packaging of ice (with the exception of the sale of ice including flavoured ice such as snow cones or bags of party ice)
  6. Making biscuits or cakes for retail sale for profit (e.g. baking at home, and then selling at stalls, markets or fetes etc.)

Under the provisions of the Food Act 2006 and Food Safety Standards, a licensable food business is a food business that:

  1. Involves the manufacture of food
  2. Is carried on by an entity other than a non-profit organisation and involves the sale of unpackaged food by retail
  3. Is carried on by a non-profit organisation and involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place

Examples of licensable food businesses include (but not limited to):

  1. Food manufacturers (e.g. cannery, production of packaged ice)
  2. Restaurants
  3. Delicatessens
  4. Cafes
  5. Takeaway food shops
  6. Motels providing meals with accommodation
  7. Bakeries
  8. Mobile food vehicles
  9. Temporary food premises
  10. Private hospitals 
  11. Bed and breakfasts

All food businesses where food is intended to be sold for profit require a licence under the Food Act 2006.   Some operations are exempt from licensing and they are as follows:

  1. Sale of meals by a non-profit organisation that operates less than 12 days in a financial year.
  2. Sale of unpackaged non potentially hazardous snack foods, such as biscuits, cakes, confectionary, nuts and potato chips.
  3. Sale of whole fruit or vegetables.
  4. Sale of seeds, spices, dried or glazed fruit, dried herbs, tea leaves, coffee beans or ground coffee, grinding of coffee beans.
  5. Sale and preparation of drinks such as tea, coffee, soft drinks and alcohol (other than drinks that consist wholly or partially of fruit or vegetable juice processed at the place of sale).
  6. Sale of ice, including flavoured ice, such as slurpees and snow cones or bags of party ice (manufacturing of ice is not exempt from food licensing).
  7. Provision of meals by a non-profit organisation that are pre-prepared by another organisation and are stored and heated or otherwise prepared by the non-profit organisation in accordance with the directions of the meal’s manufacturer.
  8. Sale of food by a non-profit organisation, that is prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering.
  9. Sale of food by a non-profit organisation that consists of low risk food (e.g. fruits, cereals, toast or similar food).
  10. The production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 – including meat, dairy, seafood and egg schemes.
  11. Handling or sale of fisheries resources under a buyers licence issued under the Fisheries Regulation 1995, except where the seafood is cooked.

Although the operations are exempt, they still need to comply with the requirements of the Food Safety Standards at all times.

General powers of Environmental Health Officers

  1. All food premises operating within the Charters Towers Regional Council jurisdiction may be subject to inspection by an Environmental Health Officer.
  2. The powers and duties of Environmental Health Officers are in accordance with the Food Act 2006.

Application process for obtaining a licence

  1. Complete and submit the Application Form with the appropriate fees to Council.
  2. If you require assistance completing the form, please contact Council’s Environmental Health Officer on phone 07 4761 5529.
  3. If you wish to hold your temporary food premises on Council land, a separate approval will be required. (F0261/PSD - Application for Temporary Food Premises) Please contact Council for information regarding this.

Skills and knowledge

All applicants and persons undertaking food handling operations are required to have appropriate skills and knowledge commensurate with the activities proposed to be conducted and the type of food proposed to be prepared.

Charities and community organisations are exempt from skills and knowledge requirements if:

  1. There is no personal financial gain, that is, all monies raised are used for charitable or community purposes; and,
  2. The food is sold shelf stable (e.g. biscuits, cakes without cream, jams or chutneys etc.); or
  3. The food is consumed immediately after thorough cooking (e.g. sausages sold straight from the barbecue).

However, these food handlers must still comply with the health and hygiene requirements of the Food Safety Standards.  The event organiser is responsible for ensuring that all food handlers and supervisors have the necessary skills and knowledge to handle food safely.

Food Safety Supervisors

From 1 July 2007 all licensed food businesses, including temporary ones, must have an approved Food Safety Supervisor (FSS). The licensee of the food business may be the FSS and a business may have more than 1. A FSS is a person who has undertaken training in safe food handling and/or has sufficient experience in working in the food industry. The FSS is required to be reasonably contactable by Council when the business is operating.