Licence requirements

If you want to prepare or handle unpackaged food for retail sale from a temporary structure, you will generally need a Temporary Food Business Licence.  (Different rules apply for non-profit organisations and market stalls selling only fresh fruit and vegetables.)

If you prepare ingredients or food at another location (eg, fixed premises, manufacturing facility or home-based kitchen) to sell from the temporary structure, you will need a separate food licence.

Licence requiredLicence not required

Unpackaged food or handled food including:

  • cutting fruit or vegetables (* use Market Food Stall application ( PDF, 0.13 MB ))
  • fruit or vegetable juice processed   at the place of sale
  • sausage sizzle or barbecue (* except for non-profit organisations)
  • cakes or biscuits with dairy fillings or icings
  • unpackaged takeaway foods such as hamburgers, hot dogs, pizzas, hot chips or curry
  • unpackaged cooked pasta or lasagne
  • unpackaged yoghurt
  • unpackaged food for taste testing
  • any other unpackaged food, unless included in the exemptions.

Note: 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.

Only packaged food is handled

Only unpackaged snack food is sold, including:

  • Croissants, friands, doughnuts, muffins, churros, biscuits or cakes without dairy fillings or dairy icings
  • carob, chocolates, chocolate bars, confectionery or muesli bars
  • dried vegetable chips, corn chips, potato chips, popcorn, crackers or nuts
  • Pretzels, puffed rice, soy chips or toasted corn
  • meat jerky, dried or glazed fruit

Only whole fruit or vegetables are sold

Food preparation at another location including preparing ingredients for use at  the stall, eg:

  • cutting vegetables and meat
  • making dough or batter

The sale of the following takes place, unless it forms a potentially hazardous food:

  • whole, crushed, puffed or toasted nuts, grains and seeds
  • quinoa, spices, dried herbs, tea leaves, coffee beans, cereals or cocoa
  • coconut, couscous, edible oil, flour, legumes, lentils, noodles, oats or pasta
  • preparations for spreading on bread such as honey, peanut butter, hazelnut spread, vegemite, marmalade and jam
  • sugar and syrups such as golden syrup, maple syrup, rice syrup, malt syrup glucose syrup and coconut syrup

Preparing food for sale at the stall, eg:

  • baking cakes
  • making fudge
  • making jam or chutney

The only preparation carried out involves the grinding of coffee beans

Only drinks are sold (other than fruit or vegetable juice processed at the place of sale), including:

  • tea or coffee
  • soft drinks
  • alcoholic drinks

Only ice or flavoured ice is sold, for example:

  • shaved ice or snow cones
  • slurpees

Repackaging food for sale at the stall, eg:

  • packing bulk coffee, herbs, spices or nuts into packages for sale.
Primary produce such as seafood not sold by retail; meat and dairy is produced under an accreditation granted under the Food Production (Safety) Act 2000, part 5.
 If you are selling pre-packaged food, you must make sure the labelling complies with Queensland Health food labelling requirements
Last updated: 16 June 2020