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Fixed, Temporary or Mobile Food Businesses

Fixed Food Premises

A Fixed Food Premises, for a food business, means a building or other structure, or part of a building or other structure, that has a permanent address.

Fixed food premises operators must at all times comply with the Food Act 2006 and Food Safety Standard 3.2.2 Food Safety Practices and General Requirements.

The fit out of all fixed food premises are required to comply with the Food Safety Standard 3.2.3 Food Premises and Equipment.  

Temporary Food Stalls

Temporary food stalls at markets or other events must comply with the Food Act 2006 and the Food Safety Standards.

If you are operating a temporary food stall for commercial purposes (personal profit) you are required to hold a licence with the local government of the region in which you are operating. Examples include:

  • Cut fruit or vegetables;
  • Fruit or vegetable juice produced at point of sale;
  • Sausage sizzles or barbeques;
  • Unpackaged takeaway foods such as hamburgers, hot dogs, pizzas, hot chips, pasta or curry;
  • Unpackaged yoghurt; and
  • Any other unpackaged food that is not included in the exceptions listed below.

Exceptions from licensing include non-profit stalls and stalls selling:

  • Only pre-packaged food;
  • Unpackaged snack food that is not potentially hazardous food, ie. biscuits, cakes (without cream or butter icing), confectionary, potato chips, nuts, dried/glazed fruit;
  • Whole fruit & vegetables;
  • Seeds, spices, herbs, tea leaves, coffee beans;
  • Drinks (tea, coffee, soft drink);
  • Ice or flavoured ice (slurpees and snow cones); and
  • Primary produce produced under an accreditation under the Food Production (Safety) Act 2000 and seafood processed or sold under a licence pursuant to the Fisheries Regulation 1995, and sold from a registered food transport vehicle.

Food prepared off site must be prepared at a licensed food business.

As with fixed premises, temporary food stalls are required to have a Food Safety Supervisor.  


Where unprotected food is being handled, all temporary food stalls must consist of:

  • A floor, unless the substrate is concrete or paving which must be cleaned prior to set up of the stall;
  • Three fully enclosed walls – sides and rear;
  • A barrier between the public and any food handling; and
  • A roof.

The material used should be unable to absorb grease and be able to be easily and thoroughly cleaned, i.e. poly tarp, and it should be constructed so that no material flaps in the breeze.

This structure will help to protect the food from contamination should the wind suddenly come up.

Hand washing facilities

As with fixed premises, separate hand washing and utensil washing facilities are to be provided. Two 20 litre containers fitted with taps are acceptable. Each should be provided with a 20 litre container underneath to catch waste water.

If hot water is not available, sanitiser must be provided for use in conjunction with hand washing.


All waste containers must have a properly fitting lid to prevent attracting flies and other insects.

Temperature control

Where power is not provided for refrigeration, eskies are suitable for keeping potentially hazardous food cold. A probe thermometer and sanitation wipes must be kept on site at all times to enable food temperatures to be monitored.

Raw meats and ready to eat salads must be stored separately.

Food in a bain maree must be maintained at above 60°C or below 5°C. Frequent stirring helps to maintain a consistent temperature throughout the food.

Hinchinbrook Shire Council's Temporary Food Stall Information brochure provides helpful information regarding licensing, structure and operation or a Temporary Food Stall. 

The Temporary Food Stall Information brochure can be found on Council's website, Business Licencing page under Business Licensing Guides

Mobile Food Vans

Mobile food van operators are bound by the same legislation as fixed and temporary food business operators.

The Mobile Fit Out Guide is for businesses involved in the design, construction and fit out of mobile food premises. It provides guidance to operators, architects, designers, builders, equipment manufacturers and other professionals associated with the design and construction of a mobile food premises.

The Mobile Fit Out Guide can be found on Council's website, Business Licencing page under Business Licensing Guides.