Licence requirements

The licensing requirements under the Food Act apply to a non-profit organisation only when selling meals that have been prepared by the organisation at a particular place on more than 12 occasions in a financial year.

Under the Food Act 2006, a "meal" is defined as food that:

  • is, or is intended to be, eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery; and
  • is of adequate substance as to be ordinarily accepted as a meal.

Note:  if your non-profit organisation does not require a licence (as outlined below), but you want to operate on a temporary basis - eg, a stall or stand at a festival, fete or market - you will need to complete and submit a Notification of Temporary Food Premises ( PDF, 0.37 MB ).

Licence required Licence not required
  • sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place
  • the food does not constitute a meal (eg, a sausage sizzle)
  • a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club (see Fixed Premises for requirements and application process)
  • meals consist only of fruit, cereal, toast or similar food
  • a non-profit organisation preparing and selling meals to homeless persons at a homeless persons hostel (see Fixed Premises for requirements and application process)
  • meals are prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering
  • the preparation of meals by Meals on Wheels (see Fixed Premises for requirements and application process)
  • meals are pre-prepared by an entity other than the non-profit organisation and are stored and heated or otherwise prepared by the organisation in accordance with the directions of the meal's manufacturer
  • a mobile food van providing meals at a sporting ground (see Mobile Food Vehicle for requirements and application process)
  • organisation provides only: whole fruit or vegetables, drinks such as cordial, milk, Milo or juice, chips, nuts or dried fruit, croissants, friands, doughnuts, muffins, biscuits, slices or cakes that are not potentially hazardous (that is, they do not contain fresh custard or cream and are shelf stable, for example banana cake, Anzac biscuits, blueberry muffins)
 

Note 1: even though a licence may not be required, these types of businesses must ensure the sale of safe and suitable food, and comply with the Food Safety Standards. This includes the design, construction and fit out of the food premises.

  Note 2: If your non-profit organisation does not require a licence (as outlined above), but you want to operate on a temporary basis (eg, a stall or stand at a festival, fete or market), you will need to complete and submit a Notification of Temporary Food Premises ( PDF, 0.37 MB ).
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Last updated: 14 December 2018