Changes for mobile food vendors

Mobile food vendors and similar retail food outlets (except waterborne food businesses) will still need to notify the local council of their business and food activity details.

Notification is satisfied via applications to local council for services, permits and approvals.

• Contact your local council

Council approvals

Local councils are generally responsible for the approval of mobile food vending vehicles. There may be costs associated with these approvals. Contact your local council for details.

The prior consent of every local council in whose area the vehicle will be used for storing, preparing or selling food may be required. This includes street trading or operating on private land or public roads.

It is important to check the requirements with every local council you propose to work in before operation, as penalties may apply for not having the appropriate approvals.

Council approval may also be required for garaging or maintaining the mobile food vending vehicle at particular premises, especially where the premises are used for storing food supplies and equipment used in connection with the vehicle’s food business operation.

Waterborne food businesses in NSW are those that are based in NSW and sell or serve food on local waterways, such as in coastal waters, harbours, rivers and lakes. These businesses are required to:

1. notify the NSW Food Authority
2. meet relevant food standards
3. be regularly audited and inspected.

Food businesses operating mobile food vending vehicles will still need to appoint a Food Safety Supervisor (FSS) if the food they prepare and serve is:

• ready-to-eat,
• potentially hazardous ie. needs temperature control, and
• not sold and served in the supplier’s original package.

The business needs to ensure an FSS is appointed and the FSS certificate is available in the vehicle before commencing operation.

Please see Food Safety Supervisors for information on how to obtain a certificate.

Mobile food vendors are responsible for making sure all people who handle food or food contact surfaces in their business, and the people who supervise this work, have the skills and knowledge they need to handle food safely.

In addition to appointing a Food Safety Supervisor, from 8 December 2023 all food handlers must be trained in food safety and hygiene, or be able to demonstrate adequate skills and knowledge. Businesses can choose how food handlers are trained, but it must cover:

• safe handling of food
• understanding of food contamination
• cleaning and sanitising of food premises and equipment
• personal hygiene.

See Food Handler Basics training for more information, including how to access the Food Authority’s free Food Handler Basics training course.

From 8 December 2023, businesses that process unpackaged, potentially hazardous food, and serve it ready-to-eat, must be able to demonstrate safe food practices. 

Specific activities must be monitored and recorded, including: 

• temperature control during food receipt 
• storage 
• display 
• transport 
• pathogen reduction during food processing 
• minimising time during food processing 
• cooling food 
• reheating food 
• cleaning and sanitising. 

This requirement can be met by keeping records, and/or demonstrating safe food practices. This could include having a written instruction sheet or standard operating procedure, and/or being able to walk and talk an authorised officer through their food handling practices and processes.

For more information, including templates for recording keeping, see Showing food is safe.

• See also Standard 3.2.2A – Frequently asked questions.

Inspections of mobile food vending vehicles (except waterborne food businesses) are conducted by council’s Environmental Health Officers (EHOs) who are authorised officers under the Food Act 2003.

The frequency of inspection is at least once per year. They check that good food safety practices are in place such as temperature control, cleanliness, hand washing and labelling.

• See inspections for more information.

Council boundaries

If a mobile food vending vehicle operates across council boundaries, most councils will use a home jurisdiction rule. This means the vehicle will be primarily regulated by the council where the vehicle is garaged. That council is known as the ‘home council’.

The home council will carry out an inspection of the vehicle and any associated food storage and preparation areas, ideally under operational conditions.

If the vehicle trades outside the local council area in which it is garaged, it may also be inspected by another council in which it first trades, so that an inspection is conducted under operational conditions.

Other councils in which the vehicle trades are entitled to request to see a copy of the most recent inspection report (less than 12 months old) from the vehicle operator.

Reports

If the report is satisfactory (ie only minor issues identified) the council EHO should not conduct a further inspection, unless there is a perceived risk to food safety and public health.

If a recent inspection report is not provided by the operator, is more than 12 months old, or has a major non-compliance issue outstanding, the council EHO has the discretion to carry out an inspection and charge an inspection fee.

Mobile food vending vehicle operators/proprietors are responsible for organising to have an inspection when they begin to trade, and providing a current inspection report to officers from another council in whose area they trade.

Carry your most recent inspection report with you whenever you are trading from your mobile food vending vehicle.

Hygiene and handling

Mobile food vendors also need to practice safe food handling including:

•     storing potentially hazardous foods at the correct temperature
•     avoiding cross contamination
•     storing raw food separately from ready to eat food
•     keeping food handling areas clean

Full requirements are set out in Food Standards Code, Standard 3.2.2, Division 4 - Health and Hygiene.

See also:

• Guidelines for mobile food vendors (PDF, 596 KB)
• Safe Food Australia guide to the Food Safety Standards

Mobile food vendors need to ensure the construction and operation of the vehicle is appropriate for the preparation and sale of food including:

• surfaces that are easy to clean
• handwashing facilities
• satisfactory waste disposal.

Mobile food vendors need to practice safe food handling and preparation to meet food safety requirements.

This includes:

• notifying the local council of their business and food activity details
• potentially appointing a Food Safety Supervisor
• meeting the requirements of the Food Standards Code
  • Standard 3.2.2 - Food Safety Practices and General Requirements
  • Standard 3.2.2A – Food Safety Management Tools (from 8 December 2023)
  • Standard 3.2.3 - Food Premises and Equipment
  • Part 1.2 - Labelling and other information requirements