Food business licence (Mornington) - Queensland

Service summary

Food businesses

You will require a food business licence under the Food Act 2006 if your business:

  • manufactures food (refer to the definition of manufacture)
  • sells unpackaged food by retail (excluding non-profit organisations)
  • is a non-profit organisation that sells meals prepared by the organisation on at least 12 days each financial year.

Mobile food businesses

Mobile food businesses are only required to have one food business licence, issued by council for any of the areas in which they intend to operate. The licence allows the business to sell food from the mobile premises anywhere in Queensland. However, you may also require an itinerant vendors licence and/or standing stall/vehicle licence from the council local to each area in which you intend to operate (these licences are separate from the licensing requirements under the Food Act 2006).

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Exemptions

The Act does not apply in any of the following situations, and therefore a food business a licence is not required:

  • state or government owned corporations
  • the handling or sale of food at a tuckshop operated by a parents and citizens association at a state school
  • the handling, at a persons home, of food intended to be given away to a non-profit organisation for sale by the organisation.

A food business that consists of one or more of the following activities is not required to be licensed under the Food Act 2006:

  • the production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 - including meat, dairy, egg and seafood schemes
  • the sale of unpackaged snack foods that are not potentially hazardous (e.g. food such as biscuits, cakes, confectionery, corn chips, potato chips, nuts or dried or glazed fruit)
  • the sale of whole fruit or vegetables
  • the sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee
  • the grinding of coffee beans
  • the sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcoholic drinks
  • the sale of ice, including flavoured ice (e.g. Slurpees? and snow cones or bags of party ice)
  • the sale of meals by a non-profit organisation if
    1. the meal consists only of fruit, cereal, toast, or similar food; or
    2. the consumer of the meal helps prepare it
  • the sale of meals by a non-profit organisation that are prepared by an entity other than the organisation and are stored and heated or otherwise prepared by the organisation in accordance with the directions of the meal's manufacturer
  • the 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
  • the sale of meals by a non-profit organisation, if
    1. the organisation is a surf lifesaving club; and
    2. a member is involved in the preparation of the meal; and
    3. the meal is sold to a member of the club for a nominal amount.

Definition of terms

Food business

means a business, enterprise or activity that involves:

  1. the handling of food intended for sale; or
  2. the sale of food; regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature and whether it involves the handling or sale of food on one occasion only.
Food safety program

means a documented program that identifies and controls food safety hazards in the handling of food in a food business.

Food safety supervisor

for a food business, means a person who

  1. knows how to recognise, prevent and alleviate food safety hazards of the food business; and
  2. has skills and knowledge in matters relating to food safety relevant to the food business; and
  3. has the authority to supervise and give directions about matters relating to food safety to persons who handle food in the food business.
Handling of food

includes the making, manufacturing, producing, collection, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.

Manufacture

In relation to food, manufacture includes the following:

  1. making food by combining ingredients
  2. significantly changing the condition or nature of food by any process
  3. bottling or canning food including, for example, bottling water or canning fruit
  4. packing unpackaged food, other than unprocessed primary produce
  5. making ice.

However, in relation to food, manufacture does not include the following:

  1. preparing food at a a particular place for retail sale at the place, including sale for immediate consumption
  2. preparing food for a food business that involves off-site catering
  3. making ice at a particular place for use at the place
  4. changing the condition of food merely by changing its temperature.
Meal

means food that:

  1. is, or is intended to be, eaten by a person sitting at a table, with cutlery; and
  2. is of adequate substance as to be ordinarily accepted as a meal.
Mobile premises

for a food business, means:

  1. premises that is a vehicle from which a person sells unpackaged food by retail; or
  2. premises that are a food vending machine.
Non profit organisation

means an organisation that:

  1. is not carried on for the profit or gain of its individual members; and
  2. is engaged in activities for a charitable, cultural, educational, political, social welfare, sporting or recreational purpose.
Off site catering

in relation to a food business, means preparing and serving potentially hazardous food at a place other than the principal place of business for the food business. Off site catering does not include:

  1. merely delivering food under an arrangement with, or on the order of, a consumer (e.g. delivering pizzas from a takeaway pizza shop); or
  2. the sale of food from mobile premises or temporary premises (e.g. the sale of ice creams from a mobile ice cream van).
On site catering

in relation to a food business, means preparing and serving potentially hazardous food to all consumers at the premises from which the business is carried on, under an agreement under which the food is:

  1. of a predetermined type;
  2. for a predetermined number of person;
  3. served at a predetermined time; and
  4. for a predetermined cost.

On site catering does not include:

  1. preparing and serving food at an eating establishment; or
  2. merely preparing and displaying food for self service by consumers (e.g. preparing food for consumption from a buffet at a restaurant).
Premises

Includes:

  1. a building or other structure
  2. a part of a building or other structure
  3. land where a building or other structure is situated
  4. a vehicle
  5. a food vending machine.
Temporary premises

for a food business, means premises other than fixed premises or mobile premises, and includes, for example, a stall or a tent.

Eligibility requirements

Food safety supervisors

The Food Act 2006 requires every licensable food business in Queensland to have a food safety supervisor.  Licensees are required to notify the local government that issues the licence, of the name and contact details of the food safety supervisor for the food business within 30 days of the licence being issued. 

Food premises 

There are requirements that must be met for the design and fit-out of the food premises to ensure it is appropriate for the operation of a food business. 

Food handlers

There are also requirements for all food handlers for the food business to have a level of skills and knowledge in food safety and food hygiene appropriate for their work activities at the food business.

Duration

This licence remains in effect for a period of no greater than 3 years as determined by council.

Fees

Contact council to determine applicable fees.

Application

Contact council for more information on the current application process and relevant form.


Additional information

Food safety programs

The following food businesses are required to have a food safety program accredited by the local government:

  • the food business involves off-site catering
  • the primary activity of the food business is on-site catering at the premises stated in the licence
  • the primary activity of the food business is on-site catering at part of the premises stated in the licence to cater for 200 or more people on 12 or more occasions in any 12 month period
  • the food business is carried on as part of the operations of a private hospital or otherwise processes or serves potentially hazardous food to six or more vulnerable persons (e.g. a child care centre or aged care facility).

Food businesses that are required to have an accredited food safety program are required to have an audit conducted by an appropriate auditor approved by the Department of Health within the first six months of accreditation, then at a frequency determined by the local government.

If you operate any other type of food business (other than mentioned above) and you wish to have a food safety program accredited, you may submit your program to your local government.

Please note that licence fees may vary between local governments.

Please contact your local government for further information.

Administering agency

Mornington Shire Council

Act(s) name

Food Act 2006 (Queensland)

Regulation(s) name

Food Regulation 2016 (Queensland)

Contact details

Mornington Shire Council


Operating address:
Mission Road
Gununa, Queensland, 4871
Mailing address:
C/- Post Office
Mukukiya Street
Gununa, Queensland, 4871

Phone:

07 4745 7200

Fax:

07 4745 7275
mail@mornington.qld.gov.au

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.