Food Authority

Guidelines for mobile food vending vehicles

December 2023

foodauthority.nsw.gov.au
 Guidelines for mobile food vending vehicles

Table of Contents

Introduction .........................................................................................................................................3
What are mobile food vending vehicles?............................................................................................................... 3
Obligations on selling food .................................................................................................................................... 3
Which agencies enforce the Act and Code? ......................................................................................................... 4
Charities and community groups ........................................................................................................................... 4
Administration .....................................................................................................................................5
Notification ............................................................................................................................................................. 5
Licensing................................................................................................................................................................ 5
Council approvals .................................................................................................................................................. 5
Training requirements ............................................................................................................................................ 6
Inspections ............................................................................................................................................................ 6
Fees and charges .................................................................................................................................................. 6
Conditions of operation ......................................................................................................................7
Maintenance .......................................................................................................................................................... 7
Garbage and recyclable matter ............................................................................................................................. 7
Animals and pests ................................................................................................................................................. 7
Children in food preparation areas ........................................................................................................................ 7
Water and ice ........................................................................................................................................................ 7
Waste disposal ...................................................................................................................................................... 7
Electricity, gas supplies, fire extinguishers and work safety ................................................................................. 8
Pollution prevention ............................................................................................................................................... 8
Facilities...............................................................................................................................................8
Construction of vehicle .......................................................................................................................................... 8
Floors ..................................................................................................................................................................... 9
Walls ...................................................................................................................................................................... 9
Ceilings .................................................................................................................................................................. 9
Door and serving openings..................................................................................................................................10
Pipes, conduits and wiring ...................................................................................................................................10
Equipment and appliances ..................................................................................................................................10
Lighting ................................................................................................................................................................10
Ventilation ............................................................................................................................................................10
Hand washing facilities ........................................................................................................................................10
Food handling ...................................................................................................................................11
Food suppliers .....................................................................................................................................................11
Preparing food at home .......................................................................................................................................11
Food storage .......................................................................................................................................................11
Potentially hazardous foods and temperature control .........................................................................................12
Cross contamination ............................................................................................................................................12
Food display ........................................................................................................................................................12
Crockery, wrappings and packaging ...................................................................................................................13
Single-use items ..................................................................................................................................................13
Food Safety Supervisor .......................................................................................................................................13
Food handler training requirements ....................................................................................................................13
Showing that your food is safe ............................................................................................................................14
Staff illness ..........................................................................................................................................................14
Hand washing ......................................................................................................................................................14
Money handling/touching customers’ hands when serving food .........................................................................14
Cleaning and sanitising .......................................................................................................................................14
Labelling and declaring allergens ........................................................................................................................15
Checklist for mobile food vendor vehicles ......................................................................................16
Contact information ..........................................................................................................................19
Key definitions ..................................................................................................................................20

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Introduction
These guidelines inform businesses selling food from a mobile vending vehicle in NSW of their legal
requirements in relation to the NSW Food Act 2003 (the Act) and the Food Standards Code (the Code).
They provide information on basic requirements such as power supply and waste disposal and suggest
ways to maintain food safety.
Businesses and enforcement agencies, in most cases local council environmental health officers
(EHOs), can use this guide to assess compliance with the Act and the Code.
The primary aim of these guidelines is to make food businesses aware of their legal requirements and to
suggest ways to assure food safety when selling food.
This guideline also provides businesses with a guide to applicable fees and charges that councils may
levy.
Potential mobile food vendors should contact their local council before operating to check if a permit is
needed by the council, if an inspection must be completed, if there are any applicable fees and/or if there
any other restrictions which may be relevant.

What are mobile food vending vehicles?

A mobile food vending vehicle is any means of transport, whether self-propelled or not, which is moved
from place to place and used for selling food, whether on land, water or air.
It includes vehicles used for on-site food preparation (for example hamburgers, hot dogs and kebabs),
one-step food preparation (such as popcorn, fairy floss, coffee and squeezing juices), and the sale of
any type of food including pre-packaged food.
It does not include food vending machines or food transport vehicles. A shipping container is considered
a ‘building’ and therefore is unlikely to be a mobile food vending vehicle.
These guidelines cover all types of mobile food vending vehicles. They are comprehensive and the
checklist provided within the document can be used to double check compliance with council
requirements.
There are minimal requirements for mobile food vending vehicles selling only packaged, low risk food.

Obligations on selling food

A person using a mobile food vending vehicle to store, prepare or sell food for human consumption, is
deemed to be a ‘food business’. This includes not-for-profit operations.
The Code defines a food business as any business or activity that involves the sale of food or the
handling of any type of food for sale in Australia, with the exception of some primary food production
activities.
A food business is required to sell safe and suitable food in accordance with the provisions of the NSW
Food Act 2003, Food Regulation 2015 and Food Standards Code.
Note that ‘food premises’ includes ‘vehicles’. Copies of the Food Standards Code (particularly 3.2.2 Food
Safety Practices and General Requirements and 3.2.3. Food Premises and Equipment) are available on
the Food Standards Australia New Zealand website at www.foodstandards.gov.au.
Failure to comply with the requirements may lead to enforcement action. Depending on the food safety
risk identified, this action may include a warning letter, improvement notice, penalty notice, seizure,
prohibition or prosecution. The NSW Food Authority and councils generally follow an escalating
enforcement policy. For more information see foodauthority.nsw.gov.au/ip/audits-and-
compliance/compliance

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Which agencies enforce the Act and Code?

In most cases, local councils are responsible for the food surveillance of the retail sector and enforce the
requirements of the Act and Code; this includes food for retail sale from mobile food vending vehicles.
The Food Authority is only responsible for surveillance or waterborne food businesses or if there is
processing of products that require a licence at that premises; such as:
• businesses that conduct food service to vulnerable persons
• high risk plant product businesses
• businesses that handle or process meat
• businesses that further process seafood
• businesses that handle shellfish
• dairy producers, factories and vendors
• businesses that produce or process eggs and egg related products.

Charities and community groups

Charities and community groups are those which do not derive funds for personal financial gain but
direct any profits back to the community (such as local sports clubs, and Lions and Rotary clubs).
The NSW Food Act 2003 and Food Standards Code apply to all food businesses including those selling
food for charity or community purposes. It is always an offence to sell food that is unsafe or unsuitable.
Charities and community groups are exempt from some requirements:
• Notification of the business is not required if the food sold is not potentially hazardous, for example,
scones, or is to be consumed immediately after thorough cooking, such as a sausage sizzle.
• Food Safety Supervisor, food handler training and being able to show food is safe, under Standard
3.2.2A of the Code, do not apply to charities if the food is handled or sold for the purpose of raising
funds solely for community or charitable causes.
• Some labelling requirements do not apply; however, it is a requirement to provide information to
customers on request about the presence of the following food allergens in any ingredients:
— cereals containing gluten (barley, oats, — Brazil nut
rye, wheat)
— cashew
— wheat (even if no gluten is present)
— hazelnut
— crustacean
— macadamia
— mollusc
— pecan
— fish
— pine nut
— egg
— pistachio
— milk (all animal milk)
— walnut
— peanut
— lupin
— sesame
— added sulphites in concentrations of 10
— soy, soya or soybean mg/kg or more.
— almond

For more information visit foodauthority.nsw.gov.au or contact your local council.

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Administration
Notification
Food businesses must be notified to the appropriate enforcement agency. Notification is important as it
assists the Food Authority and councils in the case of food recalls and complaints and enables them to
contact businesses quickly if needed. Notification means advising the local council of your business
details, including trading name, contact details, location(s), owner details and information indicating the
nature of your food business.
All food businesses in NSW must either:
• hold a current Food Authority licence (this applies only to specific food businesses in sectors covered
by a Regulation under the NSW Food Act 2003), or
• notify the appropriate enforcement agency, usually their local council, of their food activity details.
This applies to almost all other food businesses and includes those involved in mobile food vending
and businesses which sell any sort of food or food ingredient as any part of their business. It is
required by the Code (Food Safety Standard 3.2.2) and s100 of the NSW Food Act 2003.
The only exception to the above is not-for-profit fundraising events if there is sale of non-potentially
hazardous food, or food that is thoroughly cooked immediately before consumption (such as a sausage
sizzle). (See Charities and community groups on page 4.)
Mobile food businesses (except waterborne food businesses) need to notify the local council of their
business and food activity details. Notification is satisfied by notifying councils via applications for
services, permits and approvals, and through rates notice registrations.
Information should also be sought from Transport for NSW regarding approval to sell on, or at the side
of, roads.

Waterborne food businesses

Businesses based in NSW that sell or serve food on local waterways, such as in coastal waters,
harbours, rivers and lakes, must notify the NSW Food Authority of their business details. They will need
to provide their trading name, contact details, location(s), owner details, information indicating the nature
of the business, a head office address and the location of where the vessel is berthed. See
foodauthority.nsw.gov.au/help/licensing for details on how to notify.

Licensing
Mobile food vending vehicles do not require a Food Authority licence, unless undertaking the activities
listed on page 4 of this document.

Council approvals
Local councils are generally responsible for the approval of mobile food vending vehicles on land. 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 prior to
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.

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Training requirements
Food businesses selling unpackaged, potentially hazardous, ready-to-eat food will need to appoint a
Food Safety Supervisor (FSS). Ensure an FSS is appointed and the FSS certificate is available in the
vehicle before commencing operations (refer to page 13 for details). In addition, all food handlers must
have skills and knowledge in food safety and hygiene appropriate for their duties (see page 13 for
details).

Inspections
Inspections of mobile food vending vehicles are conducted by the local 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 (refer to checklist at end of this document).
If mobile food vending vehicles operate across council boundaries, most councils will use a home
jurisdiction rule. This means the vehicle will probably first be inspected by the council in which the
vehicle is ordinarily garaged, provided it also trades in that local government area. That council is known
as the ‘home council’.
If the vehicle does not trade in the local council area in which it is garaged, then it can be inspected by
another council in which it first trades.
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. If the report is satisfactory and only
minor issues are 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 over 12 months old, or has a major non-
compliance issue outstanding, then 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.
Waterborne food business vessels based in NSW are inspected by officers from the NSW Food
Authority.

Fees and charges

The local council may charge fees for inspecting your food handling activities under the Local
Government Act 1993. The fee amount can vary between councils.
Councils can levy an annual administration charge under the Food Act 2003. Only a council that carries
out an inspection is allowed to levy the annual administration charge. Non-home councils are
recommended not to levy the annual administration charge.
There may be other fees and charges levied by councils for vehicle approval to trade under other
legislation. Check with the local council/s in which you trade to find out what fees and charges apply to
you.

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Conditions of operation
Maintenance
The vehicle and its associated fixtures, fittings and equipment must be kept clean and in a good state of
repair and working order - free from dirt, fumes, smoke, foul odours and other contaminants.

Garbage and recyclable matter

Food business operators must ensure that:
• suitable and adequate garbage receptacles with close fitting lids are provided. When directed, a
suitable receptacle shall be provided outside the vehicle for depositing take-away food containers
and other litter
• arrangements are made to dispose of garbage content each day or more frequently when the need
arises
• recyclable, re-useable or compostable products are used wherever possible.

Animals and pests

Take all practicable measures to prevent pests (including birds, spiders and flying insects) from entering
the food stall or coming into contact with any fixtures, equipment or parts of vehicles used to transport
food. It is recommended that a regular pest control program be used.
Animals are not permitted to enter a food stall at any time. ‘Assistance animals’, as defined in section 9
of the Disability Discrimination Act 1992, are permitted in public dining and drinking areas. Assistance
animals include guide dogs trained to help people with disabilities.

Children in food preparation areas

For health and safety reasons, children should not be permitted to enter a mobile food vehicle.

Water and ice

• Potable water (safe for human consumption) must be used for washing or preparing food or as an
ingredient in food. Town water supplies are considered potable. Using water from other sources may
be suitable, but this should be checked with the local council.
• Only materials of food-grade rating should be used to store water.
• Ice used to keep food cool or to add to food or drink must be potable.
• All hot water for washing purposes should be supplied from a suitable hot water system and should
be piped so it can be mixed with cold water.

Waste disposal
The vehicle should be equipped with a wastewater tank external to the vehicle, with a capacity of at least
50 litres, and have an outlet of sufficient diameter to facilitate easy flushing and cleaning.
Wastewater must be disposed of lawfully. Please contact your local water authority prior to the event for
advice.
Under no circumstances is liquid waste to be discharged on the ground or to a stormwater drainage
system.
All sinks and wash hand basins should be provided with sanitary traps.

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Electricity, gas supplies, fire extinguishers and work safety

• Food business operators should ensure there is sufficient supply of electricity for food handling
operations, particularly hot and cold food holding and water heating.
• SafeWork NSW requires electrical appliances and leads to be tested at least annually and
identification tags to be attached.
• All electrical work should be carried out by a licensed electrician and conform to Australian
Standards.
• Gas should be installed by a licensed gasfitter and comply with the appropriate provisions of the
Australian Standards.
• A current compliance plate should be fixed to the vehicle for new installations or for any changes
made to the existing gas appliances.
• Gas-fired appliances used in the open should not have a gas bottle greater than 9 kg capacity and
the bottle should be secured so that it cannot be tipped over. Gas bottles need to be pressure
checked.
• A fire extinguisher and fire blanket should be supplied in every vehicle where cooking or heating
processes are undertaken. Even if you are not responsible for starting a fire, you should be able to
extinguish small fires.
• Fire safety equipment should be easily accessible in the event of a fire. The extinguisher should be
suitable for dealing with the type of combustible materials present.
• Fire safety equipment should be tested annually and have current tagging in accordance with
Australian Standards. Contact Fire and Rescue NSW for more information.
• All measures should be taken to satisfy required SafeWork NSW conditions to protect the health,
safety and welfare of employees and patrons. Contact SafeWork NSW for more information.

Pollution prevention
Operations should not cause any harm to the environment (air, water, noise and surrounding land
environments). This is a requirement under the Protection of the Environment Operations Act 1997. For
example, wastewater should be discharged into the sewer system not onto the ground. Contact the local
council for more information.

Facilities
Construction of vehicle
The design and construction of a mobile food vending vehicle must:
• be appropriate for the types of food stored, prepared and sold
• have adequate space for all activities and for all equipment to be used or stored
• allow easy cleaning and sanitising procedures of all structures and equipment
• prevent the entry of pests, dust, fumes, smoke and other contaminants where practicable
• exclude favourable sites for pests to harbour (live and breed).
The design and layout of a mobile food vending vehicle should be well planned and should take into
consideration a range of key issues including but not limited to: maximising space without compromising
food safety, using effective and durable construction materials, providing preparation and storage areas,
hygiene requirements such as hand washing, and compliance with food safety standards to ensure
effective and acceptable operation.

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Design principles should accommodate food safety flow of product and waste to minimise risks of food
and equipment contamination. Separating particular processes must be considered including:
• raw and cooked foods
• hand washing facilities and utensil wash up areas
• storage facilities
• waste disposal areas.
Separation of the driving compartment from food storage, handling and serving sections should be
considered.
The constructional standards required are dependent on the type, extent and frequency of food handling
operations. As these standards can vary widely, it is recommended that before constructing or using a
vehicle to sell food, the local council be approached and a clear agreement reached.

Floors
Floors are to be constructed of materials which are impervious and durable.
The intersections of walls to floors should be without corners (coved): tight jointed, sealed and dust
proof.
Floors should be graded to the doorsill or, alternatively, a floor waste with a screwed removable plug is
to be provided.
Floors that are unlikely to pose any risk of contamination of food handled in the vehicle may be
exempted from the constructional requirements of these guidelines provided the food business has
obtained council approval.

Walls
Walls are to be provided where they are necessary to protect food from contamination.
Walls must be finished with materials suitable for activities conducted in the vehicle, and be easy to
clean. Light coloured, high gloss, impervious surfaces are recommended.
Suitable wall materials in food preparation areas are stainless steel, aluminium sheeting, acrylic or
laminated plastic sheeting or polyvinyl sheeting with welded seams.
Architraves, skirting boards, picture rails or similar protrusions should not be used on the walls.
Walls at the rear of cooking appliances should be surfaced with a material such as stainless steel, which
extends from the canopy to the floor. Where a cooking appliance is sealed to the wall, the material
should be lapped over the top edge of the appliance to provide a grease and vermin-proof seal. Cooking
appliances should only be sealed to walls made of a non-combustible material.
A splashback should be installed to a minimum height of 300 mm above any bench, sink or hand basin
and should be constructed using an impervious waterproof material.

Ceilings
Ceilings are to be provided where they are necessary to protect food from contamination.
Ceilings must be finished with impervious materials suitable for activities conducted in the vehicle, and
be easy to clean. A light colour is recommended.
Where applicable, the ceiling height should be adequate to effectively conduct food handling activities.
Ceilings should be free of open joints, cracks and crevices.
The intersection of walls and ceilings should be tight jointed, sealed and dust proof.

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Door and serving openings

All openings are to be fitted with close fitting doors and shutters where practicable to exclude dust, pests
and other contaminants. These should be closed during transport.
Door and serving hatches should be finished internally with the same standard of material as the walls.

Pipes, conduits and wiring

Pipes, conduits and wiring should be concealed in or behind floors, walls and ceilings, or fixed on
brackets providing at least 25 mm clearance between the pipe and adjacent surfaces, and 150 mm
between the pipe or conduit and adjacent horizontal surfaces.
Service pipes, conduits and wiring should not be placed in the recessed toe space of plinths or
equipment.

Equipment and appliances

Equipment should be either built in with no cavities or mounted on castors capable of being easily moved
to facilitate cleaning.
Cooking equipment should not be placed beneath windows, wall cupboards, serving openings, shelving
or roof vents.

Lighting
Adequate lighting in accordance with Australian Standards is to be provided to ensure safe food
handling.
In areas where exposed food is handled or stored, light fittings should be shatter-proof or fitted with
suitable light diffusers (covers) to prevent contamination of food by broken light globe/tube glass.

Ventilation
There must be sufficient natural or mechanical ventilation to effectively remove fumes, smoke, steam
and vapours.
Mechanical ventilation must comply with Australian Standards.
Storage racks should not be fitted above cooking and heating equipment as they can obstruct the
airflow.

Hand washing facilities

A dedicated hand washing basin, separate from other facilities and used only for that purpose, must be
provided.
Warm water is needed for effective hand washing. Hot and cold water must be delivered through a single
outlet to a dedicated hand basin.
Liquid soap and single-use paper towels must be provided at, or near, the hand washing facility.
To allow easy cleaning of hands and arms the basin should be installed at bench height, not under a
bench. It should not be obstructed by other equipment and appropriately fixed to the wall. Ideally an
impervious splashback should be installed behind the basin.
An additional dedicated sink is required for washing of reusable eating and drinking dinnerware and
tableware.

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Food handling
The requirements for handling food for sale for human consumption are outlined in:
• Standard 3.2.2 – Food Safety Practices and General Requirements
• Standard 3.2.2A – Food Safety Management Tools, and
• Standard 3.2.3 – Food Premises and Equipment of the Food Standards Code.
These are on the Food Standards Australia New Zealand website at www.foodstandards.gov.au.
Some of these requirements also apply to pre-packaged food and low-risk food. Factsheets and user
guides (including for charitable and community not-for-profit organisations) are available on the Food
Authority website at foodauthority.nsw.gov.au/resource-centre.
When engaged in any food handling operation, a food handler must:
• not contaminate food or food contact surfaces with their body or clothing,
• prevent unnecessary contact with ready-to-eat food,
• wear only clean outer clothing,
• cover all dressing and bandages on exposed body parts with a waterproof dressing,
• not eat over uncovered food or food contact surfaces,
• not sneeze, blow or cough over uncovered food or surfaces likely to come into contact with food,
• not spit, smoke or use tobacco while working in the food stall, and
• not urinate or defecate except in a toilet.

Food suppliers
Obtain fresh produce and products from reputable suppliers, as generally they operate under strict
quality guidelines. Keep copies of invoices for trace back if needed in the future.

Preparing food at home

Notification of food business details, construction, facilities, labelling and food handling requirements of
the Food Act 2003 apply equally to home situations as to commercial operations. This also applies to
pre-packaged and low-risk produce and foods. Approval to use homes for food handling may also be
required by local councils. The local council should be contacted in these situations. The factsheet Home
based and mixed food businesses is on the Food Authority’s website.

Food storage
• Food businesses must ensure all foods are stored so they are protected from likely contamination
and that the environmental conditions will not adversely affect the safety or suitability of the food.
• There must be separately located storage facilities for items such as chemicals, clothing and
personal belongings that may contaminate food or food contact surfaces.
• Food should be stored at least 150 mm above the floor or in suitable containers and, where possible,
kept out of direct sunlight.
• Ensure that potentially hazardous foods are received under temperature control and within their use-
by date.
• Potentially hazardous foods such as poultry, meat, dairy products, seafood and egg-based products
must be stored under temperature control. If intended to be stored frozen, the food must remain
frozen during storage.

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• Refrigeration facilities should be large enough to hold potentially hazardous foods under temperature
control at all times. This may require the use of portable coolrooms. Do not overstock refrigerators or
portable coolrooms as the air will not be able to circulate freely around the foods. Perishable cold
foods should be kept cold.

Potentially hazardous foods and temperature control

One of the most common causes of foodborne illness is the storage and display of potentially hazardous
foods at inadequate temperatures for extended periods. This can lead to the rapid and sustained growth
of food poisoning bacteria.
Examples of potentially hazardous foods include:
• cooked and ready-to-eat meat
• dairy products
• seafood
• prepared salads, raw salad vegetables
• cooked rice and pasta
• processed soya bean products
• other processed foods containing eggs, beans, nuts or other protein-rich foods that contain any of the
above foods such as sandwiches and quiches.
A food business must, when storing and displaying potentially hazardous food, store it under
temperature control. If the food is intended to be stored frozen ensure the food remains frozen during
storage and display. Temperature control means maintaining cold food at a temperature of 5°C or below,
or hot food at 60°C or above. Canned and bottled foods, dried or pickled products and some other
processed foods such as dried pasta, pasteurised juices and dried powder products, are not considered
to be potentially hazardous unless opened or reconstituted.
All food businesses that handle potentially hazardous foods are required to have a readily accessible,
accurate, probe-type thermometer (+/- 1°C accuracy). Ensure the thermometer probe is cleaned and
sanitised before it is used. It is good practice to monitor the temperature of hot or cold foods under
operating conditions to ensure adequate temperature control is being maintained.
Additional information on potentially hazardous food and its management can be found in the Guidance
on the 4-hour/2-hour rule document at www.foodauthority.nsw.gov.au.

Cross contamination
Adequate measures must be taken to prevent cross contamination from raw foods to cooked foods. This
includes:
• ensuring there are separate utensils for cooked and raw meats, poultry and seafood,
• covering all food,
• keeping cooked meat and salads separate from raw meat, raw poultry, raw seafood and unwashed
raw vegetables, and
• washing hands after handling raw meats, raw poultry, raw seafood and raw vegetables.

Food display
When displaying food, take all practicable measures to protect the food from likely contamination by
customers, dust, fumes or pests. This may mean using plastic food wraps, sealed containers, sneeze
barriers, food covers or other effective measures.

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Crockery, wrappings and packaging

• Single-use, disposable eating and drinking utensils may be used but only when these items are
made of materials permitted by the Plastic Reduction Act 2021. More information is available at
epa.nsw.gov.au/your-environment/plastics/bans-guidance
• Machine glasswashers or dishwashers are recommended if reusable dinnerware or tableware is
used.
• Crockery or plastic wares that are chipped, cracked, broken or in a state of disrepair must not be
used in connection with food.
• Packaging material must be suitable for food packaging and unlikely to cause food contamination.
Only clean unprinted paper, food wraps or packaging must be used for wrapping or storing
foodstuffs.

Single-use items
The Plastics Reduction Act 2021 bans the supply of single-use plastic straws, cutlery, stirrers, bowls,
plates and other items.
Permitted single-use straws, eating utensils and other items that come into contact with food or the
mouth of a person, must be protected from contamination until use and not re-used.

Food Safety Supervisor

A food business needs to appoint a Food Safety Supervisor (FSS) if it is handling and selling food that is:
• ready-to-eat
• potentially hazardous (requires temperature control)
• not sold and served in the supplier’s original package.
At least 1 FSS needs to be appointed for each food vending vehicle. A copy of the FSS certificate must
be kept in the vehicle. You do not need to notify the local council of your FSS.
Mobile food vending vehicles garaged in another state are required to have a NSW FSS certificate if
operating in NSW. NSW FSS certificates can be obtained from the Food Authority for a small fee upon
submission of appropriate training documents.
The FSS should work onsite to oversee food handling but they do not have to be there all the time.
Charitable and community not-for-profit organisations do not need to appoint a Food Safety Supervisor if
they are handling or selling food for the purpose of raising funds solely for community or charitable
causes.
For more information on Food Safety Supervisor requirements go to foodauthority.nsw.gov.au/fss

Food handler training requirements

All food businesses must ensure that their food handlers have skills and knowledge in food safety and
food hygiene matters appropriate to the type of foods they are preparing/handling and their work
activities. To meet their obligations, businesses can choose how food handlers are trained, but it should
cover:
• safe handling of food
• understanding of food contamination
• cleaning and sanitising of food premises and equipment
• personal hygiene.

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Various online food safety training programs, courses from vocational training providers, past
experience, or training developed by the business, may be used or recognised. Additional training is not
needed if food handlers can already demonstrate adequate skills and knowledge for their duties.
For more information on food handler training requirements, and to access the Food Authority’s free food
handler training course, see foodauthority.nsw.gov.au/handlerbasics

Showing that your food is safe

Food businesses that process unpackaged, potentially hazardous food into a food that is ready-to-eat
and potentially hazardous, must be able to show their food is safe under Standard 3.2.2A of the Code.
These businesses must be able to demonstrate they are monitoring and managing key food safety risks
related to receiving, storing, processing, displaying and transporting potentially hazardous food, and
cleaning and sanitising.
The requirement can be met by either:
• demonstrating safe food handling practices, such as 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, or
• keeping records.
For more information on this requirement, go to Showing food is safe.

Staff illness
A person who is unwell or suffering from a contagious illness must not handle food for sale. Symptoms
may include cold or flu symptoms, diarrhoea, vomiting, sore throat with fever, fever or jaundice and
infectious skin conditions.
A food handler must notify their supervisor if they know or suspect they may have contaminated food.

Hand washing
A food handler must wash his or her hands using soap and warm water, then dry them with single-use
towels:
• before commencing or re-commencing handling food,
• immediately before handling ready-to-eat food after handling raw food,
• immediately after using the toilet,
• immediately after smoking, coughing, sneezing, using a handkerchief or tissue, eating, drinking or
touching his or her hair, scalp or a body opening, and before using disposable gloves for handling
food. If wearing gloves, you should change them as often as you are required to wash your hands.

Money handling/touching customers’ hands when serving food

While the likelihood of contamination from customers’ hands when exchanging money is low,
consideration should be given to minimising the risk. Examples include using a disposable glove, or
where sufficient staff is available, nominating one to handle money.

Cleaning and sanitising

• The vehicle must be maintained to a standard of cleanliness where there is no accumulation of
garbage or recycled matter (except in appropriate containers), food waste, dirt, grease or other
visible matter.
• All fixtures, fittings and equipment must be maintained and cleaned so there is no accumulation of
food waste, dirt, grease or other visible matter.
• Eating and drinking utensils must be in a clean and sanitary condition immediately before each use.

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• Benchtops, surfaces of equipment in contact with food, and storage appliances, must be kept in a
clean and sanitary condition to reduce the likelihood of contaminating food. ‘Sanitary’ means cleaning
first, followed by heat and/or chemical treatment at the right concentration, or some other process to
reduce the number of bacteria to a level unlikely to compromise the safety of the food. ‘Food-grade’
chlorine-based sanitisers can be used for this purpose. Sanitisers must be used in accordance with
instructions.
• The containers used for chemical storage should be appropriately labelled.
• Chemicals must not be stored near the food or any packaging likely to come in contact with food to
avoid the risk of contamination.
• It is recommended that a documented cleaning schedule is devised and implemented.

Labelling and declaring allergens

All food businesses are responsible for managing allergen risk and must follow rules set out in the
Australia New Zealand Food Standards Code.
Food businesses must declare allergens on the label if one is required. For more information on food
labelling, visit foodauthority.nsw.gov.au/food-labelling
Unpackaged food is exempt from most labelling requirements however, food businesses must either
display allergen information next to the food or provide allergen information if requested by a customer.
The following allergens must be declared:
• wheat • sesame • walnut
• gluten* • peanut • macadamia
• fish • almond • pecan
• crustacean • Brazil nut • sulphites**
• mollusc • cashew • lupin.
• egg • hazelnut
• milk • pistachio
• soy*** • pine nut
The words listed must be used in the allergen list – for example, whey must be listed as ‘milk’, not
‘whey’.
* Gluten need only be declared if it is present in wheat, barley, oats or rye ingredients. Barley, oats
and rye do not need to be listed as allergens but must be listed as ingredients if present.
** Sulphites must be declared when added in amounts equal to or more than 10 milligrams per
kilogram of food.
*** Soy, soya, soybean must be described as ‘soy’ in the allergen list.
The presence of certain other foods, such as bee pollen, propolis, aspartame, guarana and phytosterols,
trigger requirements for specific advisory statements.
Food sold to raise money solely for charitable or community causes, and not for personal financial gain,
are exempt from labelling requirements, except for the need to declare the presence of royal jelly.
Allergen information and the directions for storage and use, must be provided on request.
For more information, visit the Food Authority’s Food allergen rules webpage.

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Checklist for mobile food vendor vehicles

This checklist is designed as a summary of the key issues for operators of mobile food vending vehicles.
These requirements are based on the Food Safety Standards.

Construction and operation


The vehicle’s design and layout is appropriate for the intended use

Driving compartment is separate to food area (recommended)

Floors are impervious and easy to clean

Construction and finish of wall and ceiling surfaces are satisfactory

Cupboards and counter surfaces are satisfactory

Design of cupboards and counters facilitates easy cleaning underneath and behind

Openings are protected to minimise entry of dust, pests and other contaminants

Adequate supply of potable water is available in the vehicle.

Note: ‘adequate’ means enough potable water to ensure effective hand and utensil washing

The vehicle has a dedicated hand wash basin that is accessible at all times with liquid soap,
single-use towels and warm water available

Ventilation is sufficient to remove fumes, smoke, steam and vapours

Artificial lighting is adequate

Waste disposal systems are satisfactory

The vehicle and equipment are in a good state of repair and working order

General food safety requirements


Food is obtained from reputable suppliers

Food is protected from contamination during transportation

Food is packaged in a manner and using materials that protects it from contamination

Potentially hazardous foods are only received at the correct temperature and within date
coding

Raw food is stored separately from prepared or ready-to-eat food

The refrigerator or microwave oven is used when thawing frozen food

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Cold, ready-to-eat, potentially hazardous food is stored at or below 5°C

Hot, ready-to-eat, potentially hazardous food is stored at or above 60°C

Frozen food to be kept frozen is stored frozen

Raw food is handled so as not to contaminate ready-to-eat food. Separate utensils are used
during food processing (the utensils used for preparing raw meat are not used for preparing
cooked meat or vegetables)

When cooling cooked, potentially hazardous food, it is cooled:

• from 60°C to 21°C within 2 hours, and
from 21°C to 5°C within a further 4 hours.

When heating potentially hazardous food, it is rapidly heated to 60°C or higher

Potentially hazardous food is kept under temperature control

There is a thermometer available where potentially hazardous food is handled (probe type
accurate to +/- 1°C), and regular temperature checks are made

Evidence for safely receiving, storing, processing, displaying and transporting potentially
hazardous food, and for cleaning and sanitising is being maintained and is available upon
request

Chemicals are kept away from food handling areas

Food handling areas are kept free from dirt, dust, flies, pests and other contaminants

The hand wash facility is only used for hand washing

Administrative items and personal items are stored away from food

Food handler hygiene


A Food Safety Supervisor has been appointed for the business and a copy of the certificate is
onsite

Staff have appropriate food safety skills and knowledge

Food handlers have completed a food safety training course OR can demonstrate adequate
skills and knowledge for their duties

Food handlers have been informed of their health and hygiene obligations

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Staff who are suffering from foodborne illness are to be excluded from food handling until a
medical clearance has been obtained

Staff wear clean clothing and have hygienic habits

Food handlers wash their hands adequately and at appropriate times

Food handlers are not contaminating food

Cleaning and maintenance


Floor, walls, ceiling, fixtures, fittings and equipment are maintained in a clean condition

Re-usable eating and drinking utensils are cleaned and sanitised before each use

Food contact surfaces of benches and equipment are sanitised before use and as required

The vehicle and equipment are kept in a good state of repair and working order

Containers for waste have close fitting lids and are removed at least daily or as required

The vehicle is free from animals and pests. It is recommended that a regular pest control
program be used

Appropriate SafeWork NSW requirements are met (including fire safety, electrical and gas)

Other necessary information


Have you investigated restrictions on street or roadside trading?

Have you enquired about notification, inspection fees and council approval?

Have you enquired about the appropriate public indemnity insurance?

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Contact information
Please contact your local council in the first instance, or the NSW Food Authority for further information.

NSW Councils
Website: olg.nsw.gov.au/public/find-my-council/

NSW Food Authority

Phone: 1300 552 406
Website: www.foodauthority.nsw.gov.au
Email: [email protected]

Food Standards Australia New Zealand

Website: foodstandards.gov.au/
Food safety fact sheets: foodstandards.gov.au/science-data

SafeWork NSW
Tel: 13 10 50
Email: [email protected]
Website: safework.nsw.gov.au

Fire and Rescue NSW

Tel: 02 9265 2999
Fax: 02 9265 2988
Business hours: 9.00am to 5.00pm
Website: fire.nsw.gov.au/

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Key definitions
Adequate supply of water
Potable water available at a volume, pressure and temperature adequate for the purposes for which the
water is used.

Australian/New Zealand Standards

Australian Standard/New Zealand Standards are documents which are referenced by legislation to
provide more detail on requirements and technical procedures. These standards can be purchased from
Standards Australia on 1300 654 646 or by visiting its website at www.standards.com.au.

Coving
A curved junction between the floor and the wall.

Equipment
A machine, instrument, apparatus, utensil or appliance ‒ other than a single use item ‒ used or intended
to be used in connection with food handling; includes any equipment used or intended to be used to
clean the food premises or equipment.

Food business
A business, enterprise or activity (other than primary food production) that involves:
• handling of food intended for sale, or
• sale of food regardless of whether the business enterprise or activity concerned is of a commercial,
charitable or community nature or whether it involves the handling or sale of food on one occasion
only.

Food handler
Any person who directly engages in the handling of food, or who handles surfaces likely to come into
contact with food for a food business.

Food premises/Vending vehicle

Any premises including land vehicles, parts of structures, tents stalls and other temporary structures,
boats, pontoons, including premises used principally as a private dwelling; but not food vending
machines or vehicles used only to transport food.

Food Safety Standards

These are part of the Food Standards Code (under the NSW Food Act 2003 and Food Regulation 2015).
They define requirements for food premises (which include vehicles), food handling practices, structural
requirements and labelling.

Food Safety Supervisor

A Food Safety Supervisor is a person who:
• is formally trained to recognise and prevent risks associated with food handling in food businesses
• holds a current NSW Food Authority FSS certificate (no more than 5 years old) as per the NSW Food
Act Section 106B(1a)
• is not an FSS for any other food premises or mobile catering business

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• trains and supervises other people in the business about safe food handling practices, and
• has the authority and ability to manage and give direction on the safe handling of food.

Handling of food
Includes the making, manufacturing, producing, collecting, extracting, processing, storing, transporting,
delivering, preparing, treating, preserving, cooking, thawing, serving or displaying of food.

Home council
The home council is the one in which the mobile food vending vehicle is ordinarily garaged. The vehicle
will probably first be inspected by the home council, provided it trades in that local government area.

Home jurisdiction rule

If mobile food vending vehicles trades across council boundaries, including its home council, most
councils will use a home jurisdiction rule. This means that the home council will be the one to normally
carry out the first food inspection on a mobile food vending vehicle, and be the one to levy the annual
administration charge.
Subsequent council areas where the vehicle operates are recommended by the Food Authority not to
levy the annual administration charge, and only inspect under conditions described under section 2.5 of
this document.

Potable water
Water suitable (safe) for drinking

Potentially hazardous food

Food that has to be kept at certain temperatures to minimise the growth of any pathogenic
microorganisms that may be present in the food and/or to prevent the formation of toxins. This may
include meat, seafood, dairy products, orange juice and cooked rice.

Sanitising
A process that significantly reduces the number of microorganisms present on a surface. This is usually
achieved by the use of both heat and water, or by chemicals.

Sell means:
• barter, offer or attempt to sell, or
• receive for sale, or
• have in possession, display, send, forward or deliver for sale, or
• dispose of for valuable consideration, or
• dispose to an agent for sale on consignment, or
• provide under contract of service, or
• supply food as a meal or part of a meal to an employee for consumption at work, or
• dispose of by way of raffle, lottery or other game of chance, or
• offer as a prize or reward, or
• give away for the purpose of advertisement or in furtherance of trade, or
• supply under a contract with accommodation, service or entertainment, or
• give the food away from a food business to a person, or

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• sell for the purpose of resale.

Sewage
Discharge from toilets, urinals, basins, showers, sinks and dishwashers through a sewer or other means.

Sinks
Includes sinks for food preparation, cleaner’s sink, utensil and equipment washing and personal hand
washing basins.

Temperature control
Maintaining food at a temperature of:
• 5 °C or below if this is necessary to minimise the growth of infectious or toxigenic microorganisms in
the food so that the microbiological safety of the food will not be adversely affected for the time the
food is at that temperature, or
• 60°C or above, or
• another temperature ‒ if the business demonstrates that maintenance of the food at this temperature
for the period of time for which it is so maintained will not adversely affect the microbiological safety
of the food.

Unsafe and unsuitable food

Food is considered unsafe if it is likely to cause physical harm to a person who might later consume it,
assuming they treated the food correctly after purchase.
Food is considered unsuitable if it is damaged, deteriorated or perished to an extent that affects its
intended use, for example out of date, poor maintenance or poor storage of chemicals or contains a
substance that is foreign to the nature of the food, that is, foreign matter or chemicals which may have
fallen into the food.

Warm water
Not hotter than 50°C in order to comply with Australian/New Zealand Standard 3500.4.2021 (Plumbing
and drainage – heated water services)

© State of New South Wales through Regional NSW 2023. You may copy, distribute, display, download and otherwise freely deal with this
publication for any purpose, provided that you attribute the Regional NSW as the owner. However, you must obtain permission if you wish to
charge others for access to the publication (other than at cost); include the publication in advertising or a product for sale; modify the publication;
or republish the publication on a website. You may freely link to the publication on a departmental website.

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (December, 2023) and
may not be accurate, current or complete. The State of New South Wales (including the Regional NSW), the author and the publisher take no
responsibility, and will accept no liability, for the accuracy, currency, reliability or correctness of any information included in the document
(including material provided by third parties). Readers should make their own inquiries and rely on their own advice when making decisions
related to material contained in this publication.

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