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Do I need a food business licence?

Under the Food Act 2006 most food businesses need a licence from their local council.

Who needs a food business licence?

You need to apply for a food business licence from your local council when your business:

  • manufactures food (making food by combining ingredients)
  • sells unpackaged food by retail for example:
    • café, restaurant or bar
    • takeaway food shop
  • is a non-profit organisation and sells:
    • on at least 12 days each financial year
    • meals prepared by your organisation at a particular place.

Who does not need a food business licence?

If your food business consists only of one or more of the following, you do not need a food business licence:

  • the production of primary produce under an accreditation issued under the Food Production (Safety) Act 2000, part 5 (for example the Meat Scheme, Seafood Scheme, Dairy Scheme and Egg Scheme). The regulation of this Act is the responsibility of Safe Food Production Queensland.
  • the sale of unpackaged snack food (eg cakes and biscuit without cream or custard, confectionary, potato chips, nuts)
  • the sale of whole fruit or vegetables
  • the sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee
  • the grinding of coffee beans
  • the 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
  • the sale of ice including flavoured ice
  • the sale of food by a non-profit organisation that meets the exemption criteria

Exemption criteria for non-profit organisations

Non-profit organisations have a number of exemptions under the Food Act 2006. You do not need a food business licence for:

  • the sale of meals by a non-profit organisation if:
    • the meal consists only of fruit, cereal, toast, or similar food; or
    • the consumer of the meal helps to prepare it.
  • the sale of meals by a non-profit organisation that:
    • are pre-prepared by an entity other than the organisation, and
    • are stored and heated—or otherwise prepared—by the organisation in accordance with directions of the meal’s manufacturer.
  • the sale of meals by a non-profit organisation that:
    • are prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering.
  • the sale of meals by a surf lifesaving club that is a non-profit organisation, when a member is involved in the preparation of the meal and the meal is sold to a member of the club for a nominal fee.

Examples of when you need a licence for a non-profit organisation

  • 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 persons at a homeless persons' hostel each day
  • the preparation of meals by Meals on Wheels each day.

Examples of when you do not need a licence for a non-profit organisation

  • the sale of a frozen meal, at the canteen of an independent school, after the meal is microwaved in accordance with instructions on the meal’s packaging.
  • a cooking class as part of a food preparation, catering or hospitality course.

Accreditation for primary producers

You need accreditation with Safe Food Production Queensland if your business involves the production of primary produce.  For  example:

  • butcher or abattoir
  • making of cheese or yogurt
  • processing milk
  • eggs and egg products

More information

Contact your local council to find out if you are planning to start a food business, or if you are unsure whether you need a food business licence.

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Last updated:
21 February 2023
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