Temporary food businesses, stalls and mobile food

NSW Food Authority have introduced changes to how a temporary food business including mobile food vehicles and temporary food stalls at events which are now managed under the 'home jurisdiction rule'.

For mobile food vehicles the 'home jurisdiction' is the council where the vehicle is ordinarily garaged, even if the business does not intend to trade in that council area.

For temporary food businesses such as a food stall at an event the 'home jurisdiction' is the council where food is prepared offsite at a fixed premises (eg kitchen, cafe or restaurant).

The home jurisdiction council is generally responsible for issuing the approval to operate and the regular inspection of mobile food vehicle and risk based inspection of a temporary food business based in their area.  Council may inspect any mobile food vehicle or temporary food business where there is a perceived risk to food safety and public health.

A temporary food business (including temporary food stalls and mobile food vehicles) must notify both:

• Their home jurisdiction council (i.e. where they garage the vehicle / the location where they prepare food for sale) and,
• All the local council areas where they intend to trade

If your mobile food vehicle or temporary food business is based outside the Maitland Local Government Area (LGA) you need to complete a Notification Temporary food business or Mobile food vehicle (based outside Maitland LGA).  No fees apply for notification only.

If your mobile food vehicle or temporary food business is based within the Maitland LGA you need to complete an Application to operate a temporary food business/mobile food vehicle (based within Maitland LGA) and submit to Council by posting to PO Box 220, Maitland NSW 2320 or emailing info@maitland.nsw.gov.au, at least four weeks prior to operating the food business at any event or site within Maitland.  Please note: an application fee applies, which covers multiple events within Maitland. The application expires on 30 June each year and requires renewal each financial year.

Current fees for 2020/21:

• Inspection $150.00
• Annual administration fee (Food Act) $125.00

If you are an Event Coordinator you might assist temporary food businesses operating at your event by coordinating and completing the Event - Temporary Food Business Notification 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.

NSW Food Authority Guidelines

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.

Operating a Food Business in Maitland

If you plan to operate a food business such as a mobile food vending vehicle of temporary food stall in Maitland then you also need to refer to the Operating a Food Business web page

Mobile Food in Public Places policy

For information on council's Policy for Mobile Food in Public Places please contact council's Place Activation Officer on 02 4934 9700.  Please note: state legislation and national standards for food safety take precedence over any technical information provided in council's policy for Mobile Food in Public Places.

Check out Street Eats, a council project that encourages mobile food in public places.  For further information on the Street Eats project contact council's Place Activation Officer on 02 4934 9700.