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What is a Licensable Food Business?

Licensable Food Businesses

A licensable food business under the Food Act 2006 is a food business that:

  • Involves the manufacture of food;
  • Is carried on by an entity, other than a non-profit organisation, and involves the sale of unpackaged food by retail; or
  • Is carried on by a non-profit organisation and involves the sale of meals at least 12 days each financial year.

Some examples include:

  • A restaurant, café or takeaway;
  • A motel providing meals with accommodation;
  • A catering business;
  • A food business that involves selling food from a motor vehicle;
  • A food business that involves selling unpackaged food from a vending machine;
  • A private hospital;
  • A private school tuckshop;
  • Temporary food stalls;
  • Bed and breakfasts;
  • Home kitchens;
  • A business involving the manufacture of ice;
  • Non-profit organisations selling meals on at least 12 days each financial year, such as:
    • A restaurant operated by a sporting club;
    • A homeless person’s hostel serving meals for a fee; or
    • Meals on Wheels.
  • Child care centres preparing meals for children;
  • Private residential facilities; and
  • Food vans.

If your business is a licensable food business, you will need a food licence. 

Some businesses DO NOT require a food licence and are not required to have a food safety supervisor or food safety program but are still otherwise required to comply with the Food Act 2006 and the Food Standards Code. Examples include:

  • State or government owned corporations;
  • Tuckshops operated by a parents & citizens association at a State school;
  • A home kitchen where the food is intended to be given away to a non-profit organisation for sale by that organisation;
  • A business involving the production of primary produce such as meat, dairy, seafood & eggs;
  • A business selling unpackaged ‘non-potentially hazardous’ snack food such as biscuits, cakes, confectionary, nuts and potato chips;
  • A business selling whole fruit or vegetables (if produce is cut then a licence is required);
  • A business selling seeds, spices, dried/glazed fruit, dried herbs, tea leaves, coffee beans or ground coffee;
  • A business grinding coffee beans;
  • A business selling drinks (other than fruit or vegetable juice processed at the place of sale) including tea, coffee, soft drinks and alcohol;
  • A business involving the sale of ice, including flavoured ice such as slurpees, snow cones or party ice;
  • A non-profit organisation providing meals that are prepared by someone other than the organisation and are stored, heated or otherwise prepared by the organisation in accordance with the directions of the meal’s manufacturer; and
  • A non-profit organisation involving the sale of food that is prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering.