Find out if you need a food business licence

If you manufacture food, handle or prepare unpackaged food, you will generally need a food business licence.

Examples where you will need a licence include:

  • fruit or vegetable juice that is processed at the place of sale
  • making cakes, biscuits, muffins, breads, jams and sauces. If you intend to make these a from home refer to home-based business licence requirements
  • handling or preparing cakes, muffins or biscuits with fresh cream or custard in the filling or icing
  • takeaway food such as hot chips and hamburgers
  • making food by combining ingredients
  • sandwiches, including toasting sandwiches at a cafe
  • bulk coffee that is repackaged into smaller containers
  • taste testing of cut fresh fruit, chips, salsa, cheese, and similar items
  • brewing beer
  • distilling and making spirits
  • any other unpackaged food that is not exempt.

You will need to apply for a food business licence when you are:

When is a food business licence not needed?

You do not need a food business licence if you only sell (do not prepare, process, cut, slice, heat, cook, etc) the following:

  • pre-packaged food only
  • whole fruit and vegetables only
  • primary produce, such as milk or meat at a butcher, with accreditation
  • tea, coffee and soft drinks
  • alcohol, but you should check the requirements of a liquor licence
  • pre-packaged fruit or vegetable juice that complies with labelling requirements
  • snack foods that are not potentially hazardous, such as:
    • biscuits and cakes (without fresh cream or custard in the filling or icing)
    • carob
    • chocolate bars
    • chocolates
    • churros
    • confectionary
    • corn chips and potato chips
    • crackers
    • croissants.

Not-for-profit business license requirements

Different rules apply to the licensing of not-for-profit organisations. They need a licence if they serve meals 12 or more times in a financial year.

The term 'meal' refers to food consumed at a table with cutlery like casseroles, roast meat and vegetables, curries, stir-fries and salads.

Foods that are not considered meals include pies, sausage rolls, hot dogs, hamburgers, hot chips, sausage sizzle and soup in a cup.

Not-for-profit organisations do not need a food business licence if they sell:

  • packaged food
  • unpackaged food that is not a meal
  • food that is not potentially hazardous, such as tea and coffee, biscuits and cakes and soft drink
  • confectionary, nuts or cereal
  • food that has a low risk of causing food poisoning, for example, whole fruit or toast
  • food that the customer helps to prepare. For example, a carer helping to prepare food at an accommodation facility
  • food as part of a training or educational activity. For example, selling prepared food from a cooking course to customers to raise money for the organisation.

Or if they are:

  • reheating or serving pre-prepared meals. For example, reheating frozen meals or making soup from a packet mix
  • a surf life-saving club selling meals for a small price when a member helps to prepare them.

You may not need a licence for these activities, but all not-for-profit organisations must comply with the Food Act 2006. You can find more information in Queensland Health's Food safety in not-for-profit organisations.

Home-based business license requirements

Home kitchens generally need a licence to prepare non-potentially hazardous food (low-risk). This includes making plain biscuits, confectionary, jam, chutney and marmalade. It also includes repackaging bulk food, such as confectionery, honey and spices.

If you are unsure if food is potentially hazardous you may need scientific expertise and laboratory testing. To make high-risk food at your residential property, you must construct a commercial kitchen that is separate from your home kitchen. This may trigger town planning, building certification, trade waste and insurance requirements.

Read more about Planning Scheme requirements for home-based businesses. 

Examples of food-based home activities that do not need a licence are:

  • preparing food for a student boarder
  • preparing food for a person as part of a home support service. For example, a carer preparing food at the home of a person with a disability or family daycare
  • cooking demonstrations at a private home.

Compliance with the Food Act 2006

Licensable food businesses must comply with the Food Act 2006 and the following Food Safety Standards:

Food handler training

It is a requirement for food businesses to ensure that persons handling food have the skills and knowledge on how to handle food safely. To complete a free food handler training course, visit food safety training.

Written records

Some businesses may need to keep written records to prove compliance with food safety requirements.

The following templates are available for businesses to use and change as required:

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