Do I need a licence for my food business?

Overview

A business or organisation may need a food licence under the Food Act 2006 if they sell unpackaged food or handle, prepare, cook, serve or manufacture food.

Types of businesses include:

  • cafe
  • takeaway food bar
  • restaurant
  • bakery
  • mobile food vehicle
  • food stall
  • home based business
  • food manufacturer
  • supermarket
  • water carrier
  • childcare centre
  • aged care facility
  • caterer

Examples of unpackaged foods that need a licence

If you are preparing any of the following types of unpacked foods, you need a food business licence:

  • fruit or vegetable juice that is processed at place of sale
  • cakes, muffins or biscuits with fresh cream or custard in the filling or icing
  • takeaway food like hot chips and hamburgers
  • making food by combining ingredients like jams, sauces, curries or soup
  • bread and bread rolls
  • sandwiches, including toasting sandwiches at a cafe
  • bulk coffee that is repackaged into smaller containers
  • any other unpackaged food that is not exempt.

This is not an exhaustive list and if you still have questions about the type of product you are going to prepare and sell, contact us.

Find out more about the licensing requirements for child care and the licensing requirements for outside school hours care.

Who does NOT need a food business licence?

You do not need a food business licence if you undertake the following activities:

  • you only handle packaged food
  • you produce primary produce like milk or meat at a butcher, with accreditation. Refer to Safe Food Production Queensland for more information.
  • you only sell unpackaged snack food, including:
    • croissants, crackers, friands, doughnuts, muffins, churros, biscuits or cakes without dairy fillings or dairy icings
    • carob, chocolates, chocolate bars, confectionery or muesli bars
    • dried vegetable chips, corn chips, potato chips or nuts
    • meat jerky, dried or glazed fruit
    • pretzels, popcorn, puffed rice, soy chips or toasted corn
  • you only sell whole fruit or vegetables
  • the only preparation carried out involves the grinding of coffee beans
  • you only sell the following, unless it forms a potentially hazardous food:
    • whole, crushed, puffed or toasted nuts, grains and seeds
    • quinoa, spices, dried herbs, tea leaves, coffee beans, cereals or cocoa
    • coconut, (uncooked) couscous, edible oil, flour, legumes, lentils, noodles, oats or pasta
    • preparations for spreading on bread like honey, peanut butter, hazelnut spread, vegemite, marmalade and jam
    • sugar and syrups like golden syrup, maple syrup, rice syrup, malt syrup, glucose syrup and coconut syrup
  • you only sell drinks (other than fruit or vegetable juice processed at the place of sale), including:
  • you only sell ice or flavoured ice, for example:
    • shaved ice or snow cones
    • slurpees.
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