Food licensing and approvals

The types of food handling that must be covered by a food licence include:

• Making food for wholesale by combining ingredients such as producing frozen meals in a factory or producing cake mixes
• Significantly changing the condition or nature of food by any process such as milling flour, peeling, cutting or freezing vegetables
• Bottling or canning food
• Packing unpackaged food, other than unprocessed primary produce for example, packing bulk coffee for wholesale
• Making and packaging of ice (with the exception of the sale of ice including flavoured ice such as snow cones or bags of party ice)
• Making biscuits or cakes for retail sale for profit (eg baking at home, then selling at stalls, markets or fetes etc)

Examples of the type of food business that would be licensable may include, but not limited to:

• Food manufacturers (e.g. cannery, production of packaged ice)
• Restaurants
• Delicatessens
• Cafes
• Takeaway food shops
• Motels providing meals with accommodation
• Bakeries
• Mobile food vehicles
• Temporary food premises
• Private hospitals
• Bed and breakfasts
• Water carriers for human consumption
• Honey production

A food business which meets one or more of the following criteria, must have a licence to operate:

• 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
• Is carried on by a non-profit organisation and involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place

A food licence will only be granted to someone who has the skills and knowledge to perform the required functions of the food business.

Note, food licences are not transferable.  When buying or selling an existing food business, the proposed new licence holder must apply for a licence prior to starting trade.

The following supporting documentation is required to be submitted when lodging the application form with council:

1. Floor Plans

• Two copies of the floor plan layout, including elevations (to a scale of 1:100).  These plans should include all fixtures, fittings, appliances, sinks, benches, shelving units, floor, walls, and ceiling surfaces, and drainage.
• These plans or drawings are to be submitted separately to any plans requiring building and/or plumbing approvals
• For Fixed Food Premises, Home-based Food Business, Mobile Food Vehicle refer to the Design, Construction and Fit Out of a Food Premises (PDF 276 KB) when developing a kitchen layout.
• For temporary food stalls (annual and one-off events), refer to the Guideline for the Establishment of a Temporary Food Stall Premise to determine kitchen layout requirements.

2. Nomination of a food safety supervisor and evidence of their experience with food handling i.e. a training certificate

• The name and contact details of the proposed food safety supervisor for the food business must be supplied
• The food safety supervisor must be someone who is reasonably available to be contacted by staff working at the food business if needed
• The food safety supervisor must also have a high level of food handling skills and knowledge

3. Food Safety program (if applicable)

A Food Safety Program is only applicable to the following food businesses:

• Businesses that involve off-site catering
• Businesses where the primary activity of the food business is on-site catering at the premises stated in the licence
• Businesses where the primary activity of the food business is on-site catering at part of the premises stated in the licence
• Businesses where the food business is carried on as part of the operations of a private hospital under the Private Health Facilities Act 1999

Refer to the Food Safety Program on the licencing and approvals page for more information. 

Non-Profit Organisation:

• If you are non-profit organisation looking to prepare food on a temporary basis, you are required to complete a Non-Profit Organisation Food Event Notification form and submit to council at least seven days prior to the event. Your notification will simply be recorded on council's records and for reference purposes by an environmental health officer as required.

A food business that conducts only the following activities does not require a food licence from council, however may need an approval from another government agency:

• Handling or sale of fisheries resources under a buyer licence issued under the Fisheries Regulation 1995, except where the seafood is cooked
• Sale of unpackaged snack food, such as biscuits, cakes, confectionery, nuts and potato chips that are not potentially hazardous food
• Sale of whole fruit or vegetables
• Sale of seeds, spices, dried or glazed fruits, dried herbs, tea leaves, coffee beans or ground coffee
• Grinding of coffee beans
• 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
• Sale of ice, including flavoured ice, such as slurpees and snow cones or bags of party ice
• Sale of food, by a non-profit organisation that consists only of fruit, cereal, toast or similar food
• Provision of meals by a non-profit organisation that are pre-prepared by another organisation and are stored and heated or otherwise prepared by the non-profit organisation in accordance with the directions of the meal’s manufacturer
• 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
• Sale of other food prescribed under a regulation

A food business may choose to allow companion dogs in their outdoor areas ONLY, provided certain criteria is met and Footpath Trading requirements are taken into consideration.

Assistance animals such as guide dogs and dogs trained to assist a person in activities where hearing is required and any other animal trained to assist a person with a disability, MUST be permitted in all areas used by customers (both outdoor and indoor eating and drinking areas and any other customer areas).

Companion and assistance animals are not permitted to enter non-customer areas such as a kitchen, storeroom or other places where food is handled.

Read more about animals in a food premises on the Queensland Health webpage .

A copy of the accredited food safety program must be kept at each fixed premises and mobile premises from which the business is carried on. This program is required to be available to all employees.

Once your program is developed, businesses need to arrange for an approved auditor to conduct a compliance audit.  A list can be found on the Queensland Health list of approved auditors.

The first compliance audit must be conducted within six months after the program has been accredited and must be conducted by an appropriate auditor of the food business.

When the audit has been completed the applicant must submit to council the approved Food Safety Program, the approved auditor’s advice and a completed application form and pay the relevant fee.

Food safety training helps improve and maintain high standards in the workplace.

A range of training and resources is available online, including the free DoFoodSafely.  It’s strongly recommended that anyone involved in the food industry complete this program.

For more information about food safety training and requirements of food handlers, contact council’s Health and Regulatory Services team on 1300 MACKAY (622 529) or email council@mackay.qld.gov.au 

Temporary Food Business – Type 1

• An annual Temporary Food Licence which involves taste-testing of low-risk foods at markets, festivals, events and temporary situations. Examples include bread, oils, chillies etc.

Temporary Food Business – Type 2

• An annual Temporary Food Licence which involves the sale of unpackaged cakes, snacks and non-potentially hazardous food at markets, festivals, events and temporary situations.

Temporary Food Business – Type 3

• An annual Temporary Food Licence which involves the sale of unpackaged potentially hazardous foods (see definition above) at markets, festivals, events and temporary situations

Temporary Food Business (one-off event ONLY)

• A Temporary Food Licence which is approved only for a short period of time to cover operation at a single event.  This type of licence must be applied for at least seven working days prior to the event or it may not be approved.

For more information about temporary/market food stalls and requirements, contact council’s Health and Regulatory Services team on 1300 MACKAY (622 529) or council@mackay.qld.gov.au