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Temporary food stalls

New Statewide Registration System

Temporary Food FlowchartFrom 1 July 2011, changes to the Food Act 1984 established a new state-wide system for registering temporary food premises, mobile food premises, food vending machines and water transport vehicles.

These changes apply to community groups, not for profit organisations and commercial operators.

Under the new system, you only need to register with, or notify, one Council, depending on your food handling activities (as determined by your Class classification). This is your principal council.

Once registered or notified with your principal council, you are required to lodge a Statement of Trade each time you operate.

Determine your principal council

Your principal council is the council:
  • in which your business prepares or stores food that is to be sold from a van, stall or vending machine; or
  • if food is not usually prepared or stored beforehand by your business - the district in which you usually store the equipment for a stall, or garage your food van or water transport vehicle; or
  • if neither of the above apply - the district in which your usual business address is located; or
  • if none of the above are in Victoria - the district in which the food van, water transport vehicle, stall or vending machines will first operate in Victoria.

Apply for Temporary Food Registration/Notification where Moreland is your principal council

Your application for registration/notification should include:

  1. Completed and signed application for registration form or notification form
  2. Details of the Food Safety Supervisor (applies to Class 2 operations)
  3. Applicable fee (not required for notifications)
  4. Submit a Statement of Trade each time you operate

Mail your application to Moreland City Council, Locked Bag 10, Moreland, 3058 or deliver to one of our service centres.

After receiving your application, Council may send you an invoice for payment (not required for notifications).

If applying to register, Council will send you a Certificate of Registration after assessing your application and payment has been made.

If notifying Council, Council will send you an acknowledgement letter advising you that your notification has been received.

Please note, registration fees do not include other permits such as a booking permit or a roadside trader permit, which you may be required to obtain from Council prior to operating your business.

Lodging notification forms and statements of trade with Council for temporary food premises, mobile food premises, food vending machines and water transport vehicles is free of charge.

At all times during your operation, you need to ensure correct food handling practices are being followed and adequate records are maintained. Council may inspect your operation to ensure that correct procedures are being followed.

If you are interested in participating in Moreland City Council organised festivals and events, please contact Moreland's Festivals and Events team on 9240 1111 or by email.

Statements of Trade

Statement of Trade forms are to be lodged with your principal council and relevant council in which you are operating, at least five (5) days before the event.  This is to ensure that your principal council and the council in which you will be operating are aware of where and when you will be trading.

Temporary Food Premises/Mobile Food Premises

Temporary Food Premises are temporary stalls or tents from which food is sold, such as at a market or festival.

Mobile Food Premises are vehicles such as vans, containers, trailers or carts from which food is sold.

Temporary and mobile food premises are required to register or notify their principal council and lodge a Statement of Trade form with both their principal council and any councils where they will be trading.

This applies for both not for profit/community groups and commercial operators.

Class classifications also apply to temporary and mobile food premises and they mirror those of fixed premises.

Class 2 and 3 Temporary Food Stalls/Mobile Food Vehicles operated by Community Groups

Class 2

A community group is Class 2 if they:

  • prepare and sell ready-to-eat foods such as sandwiches containing cheese, smallgoods, sliced vegetables or any other potentially hazard foods
  • prepare and sell unpackaged, high risk foods, eg. cook the foods and hold them (eg. in a bain mare), then serve them hot, or cook the foods and store them under refrigeration, before reheating and serving them later.

Class 2 operations are required to maintain a Food Safety Program.

Class 2 operations trading for more than 2 consecutive days at one time require a food safety supervisor.

Class 3

A community group is Class 3 if they:

  • sell ready to eat, high risk foods that are cooked on site and served immediately, provided
  • all foods are cooked and served immediately on site
  • those handling the foods are mostly volunteers, and
  • the food activity takes place at the site for a maximum of two (2) consecutive days at one time.

If the food activity takes place for more than two (2) consecutive days, then the community group will be considered to be Class 2 and will require a food safety supervisor.

Class 3 temporary food stalls and mobile vehicles are required to maintain minimum records as follows:

Further information can be found in the Guide to Food Safety Regulations for Community Groups - Food Fundraisers prepared by the Department of Health.

Class 2 and 3 Temporary Food Stalls/Mobile Food Vehicles operated by Commercial operators

Class 2 commercial operators handle/prepare and sell unpackaged high risk, potentially hazardous foods on site or off site. 

These foods include foods such as hamburgers, souvlaki, fish and chips, smallgoods, food containing meat and egg, seafood, cooked pasta and rice, salads, sandwiches and desserts made from dairy products.

Class 2 temporary food stalls and mobile vehicles require a Food Safety Program.

Class 2 temporary food stalls and mobile vehicles require a food safety supervisor.

Class 3 commercial operators sell packaged potentially hazardous foods which are stored/displayed under temperature control or unpackaged low risk foods such as donuts, confectionary, frozen ice cream, biscuits, carbonated beverages, etc.

Class 3 temporary food stalls and mobile vehicles are required to maintain minimum records.

Food Vending Machines

A food vending machine is a machine from which there is an automated sale of food without any attention or intervention by the seller at the time of sale.

Food vending machines also have Class Classifications depending on the type of food being sold.  They fall into either:

  • Class 2 - unpackaged high risk food such as fresh juicing machines and pizza makers.
  • Class 3 - pre-packaged high risk foods such as sandwiches, meat pies, sausage rolls, hotdogs or unpackaged low risk food such as tea and coffee, or
  • Class 4 - prepackaged low risk foods such as chips, confectionary, milk in sealed cartons and bottled water or soft drink

Class 2

Class 2 food vending machine proprietors:

Class 3

Class 3 food vending machine proprietors

Class 4

Class 4 food vending machines need to notify their principal council only once.  Due to the lower food safety risk involved with Class 4, a Statement of Trade does not need to be lodged with your principal council or other Council in which you are operating.

Water Transport Vehicles

Water vehicles are private drinking water carters that deliver water for sale to the public for human consumption or for purposes connected with human consumption (such as preparation of food, making ice for consumption or preserving unpackaged food)

These are Class 3 and need to be registered with the principal council.  A Statement of Trade needs to be lodged with the principal council and councils in which the water vehicles operate.

Class 4 Temporary Food Stalls/Mobile Food Vendors - notification only

Temporary and mobile food premises which operate low risk food handling activities such as sausage sizzles, cake stalls (without fresh cream fillings) and packaged dry foods which do not need to be kept under temperature control, only need to notify their principal council and lodge a Statement of Trade with other councils in which they are operating.

Sausage Sizzles

This applies where only sausages are cooked and served immediately with bread and sauce, with or without onions that are cooked at the same time.

Further information can be found in the following publications produced by the Department of Health:

Forms that you may require for notification include:

Cake Stalls

This applies where:

  • packaged or covered cakes (without cream) are sold by not for profit/community groups, or
  • pre-packaged cakes (without cream) are sold by commercial operators

Further information can be found in the following publications produced by the Department of Health:

Forms that you may require for notification include:

Road Side Trading Permit

Once registered with your principal Council, if you wish to operate your mobile food vehicle around the Moreland Council area, you will need to obtain a Road Side Trading Permit.

  1. Complete Trading from a Road Side permit application form (DOC 96Kb)
  2. Supply supporting information addressing all the criteria, as detailed in the Mobile and Temporary Food Premises (MTFP) Policy (DOC 82Kb)
  3. Submit the application form, associated information and relevant fee to Council

Your application will be assessed and you will be advised in writing whether or not you are granted a permit

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Locked Bag 10, Moreland, Vic. 3058, 90 Bell Street, Coburg, Vic. 3058 Australia

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