A non-profit organisation that involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place is a licensable food business.
If the food does not constitute a meal, for example, a sausage sizzle, South Burnett Regional Council still requires the organisation to apply for a Temporary Food Stall Licence. This service is to ensure the group undertaking food handling is aware of their responsibility to comply with the Food Act 2006 and Food Safety Standards.
When you need a licence
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
Examples that need a licence include:
- a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club
- a non-profit organisation preparing and selling meals to homeless person at a homeless persons hostel
- the preparation of meals by Meals on Wheels
- mobile food van (providing meals) at a sporting ground
When no licence is needed
A non-profit organisation is not a licensable food business if:
- the meals consist only of fruit, cereal, toast or similar food
- the meals are prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering
- the 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 directions of the meal's manufacturer
- it provides only: whole fruit or vegetables, drinks such as cordial, milk, Milo or juice, chips, nuts or dried fruit, 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 carrot cake, Anzac biscuits, blueberry muffins)
Exemption from fees and charges
Charitable and religious organisations as defined by the Australian Tax Department for the financial year are exempt from licence fees for Temporary Food & Market Stalls.
- hold registration with the Queensland Government Office of Fair Trading as a Charitable Purpose (CH type), registration as a Community Purpose (CP type) is not sufficient; and
- make an application in writing to the CEO of South Burnett Regional Council
How to apply
Although charitable and religious organisations are exempt from licence fees as outlined above, the food business is still required to submit the relevant application forms to hold a licence if one is required.
If the organisation requires to hold a Food Business Licence please refer to the relevant Licence categories i.e. Fixed Food Premise, Mobile Food Vehicle, Caterer, Temporary or Market Stall Licence by clicking here.
For further information please contact Council's Environmental Services section on (07) 4189 9100.