Temporary food business permission to trade

Food vendors

Food vendors (temporary food businesses) such as food stalls and food vehicles trading within the Town, must obtain a permission to trade under the Town's Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2000.

All temporary food businesses are required to comply with the Food Act 2008, the Food Regulations 2009 and the Food Standards Code.  In particular, the food business MUST be registered under the Food Act 2008 through the local government where the stall/vehicle is stored/garaged.  For further information please refer to the Town’s guidelines for temporary food businesses at events and Food Standards Australia New Zealand temporary food premises info sheet and stall guide (links below).

To seek permission to trade a Temporary Food Business please read below.

In the past approval to trade as a mobile food business within the Town was required together with a fee.  This requirement has been replaced with a greatly simplified and free process.  Below is an explanation of what is now required:


  1. You must ensure that your food business is registered with your local authority (i.e. with the local government that you live within)
  2. You must have current public liability insurance
  3. You can only trade within the Town of Victoria Park at approved Events - please note that the Event Coordinator is required to advise the Town of which food businesses will be trading at least 5 days before such event.  Therefore, if you miss this deadline you will not be able to trade at that specific event.
  4. Environmental Health Officers may attend the event and may review your food business to determine compliance with the Food Act.  Your host local government will also be advised if any non-compliances are found:
    • if a routine inspection is conducted you will be charged a “routine inspection” fee - currently $55.00
    • should non-compliances be found and you require a re-inspection this will occur in due course, and you will be charged a “reinspection” fee - currently $100 
  5. The normal provisions of the Food Act and Food Standards Code still apply. 


Next steps

  • contact the event coordinator of the event you wish to trade at to: 
    • advise them that you wish to trade at their event
    • provide them with proof showing:
      • that your food business is registered
      • evidence of who your food safety supervisor is (and their qualifications)
      • that your food handling staff are suitably trained
      • your current public liability insurance is current
  • On the day that you trade – ensure that:
    • your food business complies with the Food Act and Food Standards Code (see attached guide and pre-trade checklist)
    • the pre trade checklist is completed and submitted to the Event Coordinator prior to commencing trade
    • you have filled out and keep the following relevant safety documents:
      • have temperature of transportation records
      • have temperature display (of potentially hazardous foods) records
      • cleaning and sanitising records (of food contact surfaces i.e. utensils, benches, cutlery, plates etc.)

Temporary food business and itinerant food vendors policy 

The Town adopted a policy for mobile food vendors at the August 2019 Ordinary Council Meeting. Food vendors will only be permitted to trade on Council land in conjunction with an approved event and itinerant vendors will not be permitted. The policy formalises the Town’s current practices/approval requirements which have always permitted the trading of mobile food vendors, subject to certain restrictions. A copy of the policy can be downloaded below.

Policy 406 - Temporary Food Businesses and Itinerant Food Vendors 

Food Safety and hygiene requirements 

Food business must ensure their food handling staff have the adequate skills and knowledge to undertake work in a safe environment to prevent food poisoning outbreaks. This is a requirement under the Food Safety Standard 3.2.2 

This includes knowledge and skills on:

  • correct hand washing and drying practices
  • cross-contamination of raw and cooked or ready-to-eat foods
  • temperature control and correct use of probe thermometers
  • correct storage of all food products including potentially hazardous foods
  • the difference between cleaning and sanitising food contact surfaces

and Food Safety Standard 3.2.2A

This includes qualifications and evidence tools:

  • advise who you have appointed as your Food Safety Supervisor
  • provide a list of your staff and their food handling training they have completed
  • copies of each of the below items are required - and/or how you will prove that you are complying with the Code i.e.
    • receival of food temperatures
    • storage of food under temperature control
    • processing food microbiological kill step
    • minimum time out of temp control (if no further kill step)
    • cooling food:
      • within two hours – from 60C to 21C; and
      • within a further four hours – from 210C to 50C
    • rapid heating of cooled food
    • displaying potentially hazardous food under temperature control
    • transporting of potentially hazardous food under temperature control
      1. cleaning and sanitising of eating and drinking utensils and food contact surfaces of equipment

    Food safety at fundraising events

    Under the Food Act 2008, a food business is defined as: ‘a business, enterprise or activity that involves the handling of food for sale or the sale of food, regardless of whether, subject to section 6, the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only’. Therefore people who prepare food for sale as part of a community or charity group, are deemed to be food businesses for the purposes of the Act and compliance is required with the Food Safety Standards

    Fundraising organisations will not be required to have a Food Act registration where:

    • any food handled in the course of conducting the food business is not potentially hazardous food (e.g. does not require temperature control); or
    • after being appropriately cooked, is provided by the food business for immediate consumption (e.g. sausage sizzle).
    • For any foods outside these exemptions please contact your local government to enquire about registration.

    Fundraising activities can include preparation of foods at home however there are some restrictions. High risk foods like meat, eggs, dairy product and salads are not permitted to be prepared at home. Should you wish to produce potentially hazardous foods for sale, you will need to do so in an approved kitchen.

    Low risk foods can be prepared at home. These are generally dry products, products with a high pH, high sugar content or very low water activity. These sorts of foods limit microbial growth so the risk of food borne illness is low. Examples are:

    • Jams and marmalades
    • Flour based products such as biscuits, shortbread, scones, buns, muffins and cakes (which do not contain potentially hazardous foods such as custard or cream)
    • Nougats, fudges, meringues, Turkish delight
    • Dry curry powder and spice mixes (if ingredients are purchased from an approved food business)
    • Pickled onions
    • Herb vinegars with a pH of less than 4.5
    • Chutneys, relishes and sauces that are heat treated by boiling or cooking
    • Cake decorating 

     Related information

    Food Stall - Pre-trade Checklist

    Food Standards Code

    FoodSafe - Training

    Town of Victoria Park's temporary food business requirements for events

    Temporary food premises info/stall guide (Food Standards Australia New Zealand)

    Policy 406 - Temporary Food Businesses and Itinerant Food Vendors

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