Home-based or Temporary Food Stall

Home Based Food Businesses

Home based businesses involving the preparation of food are classified as a home business.

Approval is required before setting up a home business. Under the SEPP Exempt and Complying Development Codes 2008, a complying development certificate may be obtained provided certain requirements are satisfied.

Any premises intended to be used as a home business to prepare food (including a residence) must comply with the requirements of Standard 3.2.3 of the Food Safety Standards (www.foodstandards.gov.au) and Australian Standard 4674 – 2004: Design, Construction and Fit Out of Food Premises, reflected in this guide: Food Premises - Design, Construction and Fit Out Guide (4MB).

Alternatively copies of AS 4674 may be purchased from SAI Global, contact on 131 242.


Temporary Food Stalls/Markets

Stall holders wishing to trade as a temporary food business at any market or event in the North Sydney local government area must register with Council by completing and submitting the Temporary Food Stall Application Form.

Your registration must be submitted at least 14 days before you wish to first trade in the local area.

Once your registration has been completed you will be advised of such by Council in writing.


Changes to your business

If you sell your business or should the business undergo significant change, you or the new business owner will need to complete and resubmit the Temporary Food Stall Application Form above.


Charities, donations and “free samples”

If your organisation is a charity or you are donating sales proceeds to charity, you are still required to register – however the registration fee of $70 will be waived.

If you are handing out free samples of your food and drink products, in most cases you will still need to be registered with Council.


Categories of Food Stall

Food stalls may be high risk or low risk depending on the nature of the food handled and sold.


High risk food stalls are those that handle potentially hazardous food items that require temperature control. This includes but is not limited to:

  • Raw or cooked meat;
  • Small goods;
  • Dairy products;
  • Seafood (excluding live seafood;
  • Processed fruit and vegetables;
  • Cooked pasta and rice;
  • Fresh pasta, soy bean products;
  • Food containing eggs, beans, nuts or other protein rich foods;
  • Foods containing the above such as sandwiches, rolls/wraps, pizza.

Selling high risk foods requires the business to have a trained Food Safety Supervisor. A Food Safety Supervisor Certificate can only be obtained through an approved and registered training organisation.

Charity organisations do not require a food safety supervisor.


Low risk food stalls are those handling food items that are not considered potentially hazardous. This includes but is not limited to:

  • Dry good, pickles;
  • Salad dressings, bottled marinades;
  • Pasta sauces, nuts in a shall;
  • Salted/fermented dried meats;
  • Honey and jam, peanut butter;
  • Fruit/plain cakes, biscuits and crackers;
  • Hard cheeses, fruit juices;
  • Unopened canned foods, bottled salsas;
  • Raw whole fruit and vegetables, dried fruit;
  • Plain bread and bread rolls;
  • Confectionary
  • Yoghurts
  • Bottled sauces (tomato/ketchup), Asian and soy.


Off Site Food Preparation and Storage

If you live in the North Sydney Council area, you cannot prepare food for sale at home unless you have consent to carry out a home business in your residential property. This may include a complying development certificate or consent from a development application. For more information please contact our planning advisor on 9936 8100.

To obtain consent, your residential property must comply with all requirements of Australian Standard 4674 – 2004: Design, Construction and Fit Out of Food Premises, reflected in this guide: Food Premises - Design, Construction and Fit Out Guide (4MB).

If you do not have the necessary consent and you wish to prepare food before an event, you must rent or use a commercial kitchen that has recently had a satisfactory environmental health inspection.

Your food stall must practice safe food handling, comply with North Sydney Councils Requirements for Temporary Food Stalls, the Food Act 2003, and the Australia New Zealand Food Standards Code.

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