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Mobile and Temporary Food Premises Policy

Adopted by Council: 23 May 2011    

Policy Goals

To ensure all temporary and mobile food premises’ that operate within Latrobe City Council comply with the Food Act 1984 (‘the Act’).

Policy Implementation

Definitions

A ‘temporary premises’ is a premise where food is sold from a tent, stall or other structure that is not permanently fixed to a site or a permanent structure not owned or leased by the food business that operates the premises and in which food is handled for sale or from which food is sold by that business on an occasional basis only. Temporary premises’ include stalls, tents or other temporary structures at events such as farmers’ markets, festivals, fetes or other short-term events.   

A ‘mobile food premises’ is a vehicle from which food is sold for human consumption. Mobile food premises’ are permanent food premises that can be moved to new locations or remain on an existing site. Mobile food premises include vehicles, vans, caravans, vessels and transport vehicles whether used on land or sea or in the air. 

Background

2.1 Registration of mobile and temporary food premises  

Mobile and temporary food premises that sell food must be registered under the provisions of the Act. In July 2011, the State Government will introduce a single State-wide registration system for mobile and temporary premises. This system will store the registration details of all temporary and mobile food businesses registered with councils in Victoria.  

From July 2011, councils must recognise the registration of mobile and temporary food premises’ from another council and must not require secondary registration or charge subsequent fees. Mobile and temporary food premises must be registered with the council where the mobile or temporary food premises is kept, housed, garaged or accommodated.  

2.2 Temporary registrations for mobile and temporary food stalls  

Mobile and temporary food premises that are kept, housed, garaged or accommodated within Latrobe City Council and operate within the municipality less than 12 times a year are able to obtain a temporary certificate of registration with reduced registration fees. Temporary food stall registrations with reduced registration fees are primarily temporary food stalls that operate on an intermittent basis at local festivals, events and fetes.  

2.3 Exemption from registration with Council  

Mobile and temporary food premises that sell shelf-stable, pre-packaged food or are running low risk community food activities, such as sausage sizzles where this food is cooked and served immediately (Class 4 premises as declared by the State Government in the Government Gazette) are exempt from registration under the provisions of the Act.

Policy Implementation

3.1Registration of mobile and temporary food premises

  1. Council will register temporary and mobile food premises that are primarily kept, housed, garaged or accommodated in the municipality. These premises’ shall require full registration under the provisions of the Act.  
  2. Council will recognise the registration of mobile and temporary food premises that operate within Latrobe City and are registered with another Victorian council. These temporary and mobile food premises will not require secondary registration with Council and will not be charged registration fees under the provisions of the Act.   (
  3. Council will issue a food stall permit for temporary and mobile food premises that operate less than 12 times a year and do not have Food Act registration with another Victorian council. To obtain a one-day food stall registration the proprietor shall be required to submit an application form and pay the prescribed fee.  

3.2Exemptions from registration

Temporary and mobile food premises’ that sell shelf-stable, pre-packaged food or are running low risk community food activities, such as sausage sizzles where this food is cooked and served immediately shall be exempt from registration with Council. However, they will be required to notify Council in the prescribed form, of their operations.

3.3Exemption from registration fees

Not for profit community groups operating temporary or mobile food premises’ shall be exempt from registration and temporary food registration fees. However, they will be required to notify Council in the prescribed form, of their operations.

Related Legislation and Publications

  • Food Act 1984;
  • FSANZ Food Standards Code;
  • Public Health and Wellbeing Act 2008;
  • Public Health and Wellbeing Regulations 2009
  • Department of Health – Food Safety Auditors Handbook, 2nd Edition, September 2007
  • Department of Health – Guidelines for private drinking water supplies at commercial and community facilities, October 2009
  • Environmental Health Australia – best practice guidelines and policies

Related Policies

  • Food Act Inspection and Registration Fees Policy
  • Food Act Penalty Infringement Notices Policy
  • Food Safety Services Management Policy

This policy has been reviewed after giving proper consideration to all the rights contained within the Charter of Human Rights and Responsibilities Act 2006; and any reasonable limitation to human rights can be demonstrably justified.

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