Temporary food businesses, stalls and mobile food

Mobile food vehicles and temporary food stalls at events have grown in popularity in recent times but it is important that standards of construction and operation are met and maintained during operation.

What are the requirements?

The NSW Food Authority has put together guidelines for mobile food vending vehicles and food businesses at temporary events. The guidelines provide the food safety standards and requirements that need to be met along with a convenient checklist that allows operators to identify any key issues that they may still need to meet prior to operating.

For further information on construction or food safety when operating a mobile food vending vehicle or food business at a temporary event please contact council's Environmental Health Officer on 02 4934 9700.

How do I apply?

Under the Food Act 2003, all food businesses operating in Maitland City Council are required to notify Council. Depending on your business’ circumstances, you will need to complete and submit one of two application forms:

Temporary or Mobile Food Business Notification form

Use this form if you can answer ‘Yes” to any of the points below:

  • My food business sells low risk food only
  • My food business sells medium to high risk food, and have a current approval from another NSW local government (Note: Copy of current Approval to Operate and most recent inspection report must be attached).
  • I am a Charitable Community Organisation (Note: a Charitable Community Organisation includes organisations that been established solely for a charitable purpose under the Collections Act 1966 and the Organisation is registered as a charity with the Australian Taxation Office; or the organisation operates for the general welfare of the community).

Complete webform

Temporary or Mobile Food Business Application form

This form should be used if you can answer ‘Yes’ to both of the points below:

  • My food business sells medium to high risk food, and
  • My food business is based within Maitland City Council (I garage/store the vehicle or equipment here and/or undertake food preparation for my business here).

Download form (PDF, 1.2mb)

You can submit the forms to Council by posting to PO Box 220, Maitland NSW 2320 or emailing, at least four weeks prior to operating the food business at any event or private site within Maitland.  

Please note: the submission of Temporary or Mobile Food Business Notification form or Temporary or Mobile Food Business Application form is for the purpose of registering your mobile food business to operate within the Maitland Local Government Area. The application expires on 30 June each year. It does not include approval to operate at any individual event or activity held on public or private land.

Frequently Asked Questions
What are the fees?

Temporary or Mobile Food Business Notification form - $0

Temporary or Mobile Food Business Application form (administration fee) - $390

Compliance Inspections $170

Note: Compliance inspections will only be charged when an Environmental Health Officer finds a food safety issue with your food business. The administration fee includes the cost of initial inspection undertaken for Temporary or Mobile Food Business Application – you may request an inspection at any time.

 

Where can I operate?

Public land

All mobile food vendors who intend to operate on public land, including roads, parks and other public places must comply with council's Policy for Mobile Food in Public Places.

Council’s Street Eats program encourages mobile food in public places. Download the guidelines and application form or you can contact Council’s Place Activation Officer on 02 4939 1065 or email for further information. 

The fees for operating your mobile food business on public land are:

Street Vending $330

Cluster group vending (Street Eats program) $450

Street and cluster group vending $680

Events

Mobile food vendors can sell food at approved events and community markets that are held on public land provided prior approval from the event organiser or operator is obtained.

If you are an Event Coordinator you might assist temporary food businesses operating at your event by coordinating and completing the Event Organisers – Food Stall Listing  form and submitting to Council along with all of the required information.  Note: each temporary food business or mobile food vehicle needs a copy of the approval to operate and a recent inspection report from their home jurisdiction council.

Maitland City Council delivers seven flagship events for the community each year, attracting over 130,000 people to the city. Visit our events site to find out who can participate. 

Private land

The sale of food from a mobile food-vending vehicle or cart on commercial or industrial land is permitted if the vehicle or food cart is parked wholly within the boundaries of the private land, serves for short periods of time and then moves on to another location. Council town planning approval is not required however; the prior consent from the owner of the land should be obtained before sale, and you are still required to submit the relevant Temporary or Mobile Food Business Notification or Application form. The operation must comply with the State Environmental Planning Policy (Exempt and Complying Development Codes). A limit of one vehicle per site is permitted and the hours of operation are restricted from 7am to 7pm in residential zones.

This policy does not include temporary food stalls.

 

Food Safety Supervisors (FSS)

A food business must have a Food Safety Supervisor (FSS) if they process and sell food that is ready-to-eat, potentially hazardous (requires temperature control) or not sold and served in the supplier’s original packaging require. Coffee vendors that only heat milk, and not-for profit community and charitable causes are exempt from these requirements. For more information about Food Safety Supervisor requirements, please refer to the NSW Food Authority website.