All stallholders wishing to sell food must agree to and comply with all guidelines and conditions listed on the following pages. Should you require further information, please phone Council’s Food Surveillance Officers on 9777 1000.
Documentation required for food stall applications
The following information is required with your application to demonstrate compliance with the National Food Safety Standards:
- First time food stallholders must register their food business with Willoughby City Council
- A copy of the operator’s Food Safety Supervisor certificate, if one is required by the NSW Food Authority.
- A site plan of the food stall showing the location of different pieces of equipment, labels indicating where different processes are carried out and arrows indicating the flow of production of the food.
- A written statement about the business, including a description of the food products that will be made and sold.
- Any other relevant information relating to the proposed food preparation including methods and equipment used and relevant food safety and hygiene matters.
- Details on food transportation and storage conditions.
Off site food preparation
Council prefers that high-risk food be cooked on site, fresh for the customer, but where this is impractical, it will consider an application involving the preparation of food at other venues provided that the following is submitted:
- Written information on why the relevant foods cannot be prepared fresh on site.
- The address of the premises and a floor plan of the location where the food is prepared showing the location of different pieces of equipment, labels indicating where different processes are carried out and arrows indicating the flow of production of the food.
- A description of the fittings and fixtures at the offsite premises, including materials and surface finishes.
- Written evidence that the use of the premises is authorised by the local council.
- Copies of food premises inspection reports from the respective local council over the previous 12 month period.
If your offsite food preparation premises are new and you have not had a food premises inspection yet or you are unsure whether it has the appropriate approval, contact your local council.
Domestic kitchens have certain limitations in terms of size, facilities and the standard of construction and may only be suitable for the preparation of low-risk, non-potentially hazardous foods. They may also potentially pose food safety risks as a result of access by pets or children, plants or furnishings which may accumulate dust, and from normal household activities.
1 - General
- A temporary food stall shall consist of a 3m x 3m marquee or similar, of which the roof and three sides are covered with reinforced plastic sheeting, vinyl or other approved material (or shall consist of an open food stall, which must comply with section 2 below).
- A suitable waterproof material shall be laid over the entire ground area of the stall including 30cm in front of the stall.
- A mat to wipe shoes on must be provided at the entrance to the stall. Some situations, subject to Council discretion, may also require shoe covers to be used inside the food stall, which then need to be removed before exiting to prevent oil being tracked onto the street or mall.
- All stallholders must provide food products of outstanding quality.
- All stallholders are required to keep market stalls, fittings, fixtures and equipment in a clean and tidy condition.
- All stallholders must use recyclable, biodegradable or compostable food and beverage containers and utensils. Failure to do so will result in Council issuing an order to cease trading until this is supplied. For further information on these products, please contact Council.
- Stalls where cooking is carried out are to supply an ABE powder type fire extinguisher (red with white band or label) and a fire blanket of adequate size, kept in a readily accessible location close to cooking appliances. Fire extinguishers and blankets shall be maintained in good working order in accordance with Australian Standard AS1851.1-1995 and replaced or serviced as required.
- If you have a gas bottle on site, flammable gas 2 signage must be prominently displayed on your stall.
- The maximum capacity of all gas bottles is 9kg, secured and pressure checked. Each stall can only have 2 gas bottles onsite at any one time.
- Portable butane cookers are not allowed due to multiple brands failing the Australian Safety Standards.
2- Protection of food
- Only single use eating and drinking utensils may be used.
- All food stored on site (with the exception of whole fruit and vegetables) shall be stored in closed containers.
- Food (except whole fruit and vegetables) shall not be displayed so as to be openly accessible to the public. A physical barrier must be provided by means of sandwich display type counters, perspex glass sneeze guards or clear plastic siding to the stall. The use of clear plastic film such as Glad Wrap or similar is not acceptable if the covering is subject to constant lifting, as it becomes ineffective and tears.
- All condiments such as sauce, mustard etc. shall be contained in a squeeze type dispenser or in individual sealed packets.
- All disposable eating utensils are to be pre-wrapped in a paper napkin, environmentally friendly bags or similar material prior to distribution to the public.
- Drinking straws, paper cups, spoons etc. shall be enclosed in suitable dispensers or otherwise protected from contamination.
- Tea, coffee, cordial and other beverages are to be dispensed from an enclosed or lidded receptacle, equipped with a tap or spout.
- The use of disposable plastic gloves is recommended as long as the gloves are changed regularly and when contaminated or damaged.
3 - Cross-contamination
- Adequate measures must be taken to prevent cross-contamination from raw foods to cooked foods.
- Separate utensils must be provided for cooked and raw meats, poultry and seafood.
- All food must be contained and/or covered as detailed in section 2, above.
- Cooked meat, poultry, seafood and ready-to-eat food such as salads must be kept separate from raw meat, poultry and seafood.
- Hands must be washed after handling raw foods, including vegetables.
4 - Washing facilities
- A sealed container of potable water (minimum capacity of 10 litres) with a tap must be provided, together with a suitable bowl for hand washing. Warm water is needed for effective hand washing and personal hygiene. This facility shall be separate from any utensil washing facility and used only for the purpose of washing hands, arms and face. Liquid soap and paper towels must be provided at or near the hand washing facility.
- Clean drying towels, detergent, sanitising agents and two suitable bowls or containers must be provided in case utensils or equipment washing is necessary.
- For pre-packaged and low-risk foods, there may be exemptions from certain facility requirements due to the reduced food safety risk. Contact Council for details.
- Any waste water must be collected, contained and removed from the site at the conclusion of trading.
5 - Temperature control
- A digital probe thermometer must be provided to measure the core temperature of food.
- All food prepared at the stall shall be for immediate sale and consumption unless a suitable hot or cold display is provided, maintaining the food at a temperature of at least 60°C (hot food) or below 5°C (cold food).
- Pre-prepared food products or pre-cooked food consisting wholly or in part of fresh cream, custard, trifle or any similar food which promotes bacterial growth shall not be sold from a one day food stall unless stored, transported and displayed under refrigerated conditions as described in section 5.1.
- All raw and perishable foods that are potentially hazardous, such as steaks, hamburger patties, frankfurts, meats, chicken etc. shall be maintained below 5°C at all times, including during transportation.
6 - Cooking
- All heating and cooking equipment, including open flame barbeques and cooking plates, shall be located within the stall and suitably protected from dust-borne contamination and droplet infection (coughing, sneezing by the public).
- Cooking and heating equipment shall not be within reach of the public and shall be provided with adequate protection.
- Raw foods that are not whole fruit or vegetables, and foods which have been cooked shall not be displayed outside the stall.
- Where cooking is carried out, adequate provision shall be made to protect the stall walls from heat, flame and splashing.
7 - Open food stalls
- Open food stalls consisting of tables only or tables and trestles, where permitted by these standards, shall be used only for the sale of factory pre-packaged food in hermetically sealed containers (for example, canned or bottled soft drink, canned foodstuffs or pre-packaged jams, chutneys, sauces, cakes and biscuits).
- No perishable food shall be sold from an open food stall except packaged milk, packaged milk products and pre-wrapped ice cream, all of which shall be provided with approved means of low temperature storage.
- Provision is required for screening or shielding the stall to protect any perishable food from direct sunlight.
8 - Labelling
- All pre-packaged foodstuffs shall be labelled in accordance with the provisions of the National Food Standards Code (for example, name of product, name and address of supplier, ingredients, date of manufacture and expiry date, and nutritional information panel).
- Copies of the Food Standards Code part 1.2 containing the labelling requirements and a nutrition panel calculator can be found on the Food Standards Australia New Zealand website.
9 - Transport of food to the market site
- All produce, foodstuffs and packaging for market sale must be transported so that dust, pests and other likely sources of contamination are excluded. Whole fruits and vegetables and grains, which are to be further processed, generally do not need to be transported under temperature control.
- Foods that are required to be stored under temperature control, or kept frozen, must be kept under strict temperature control or frozen during transportation. Food-grade plastic or insulated containers like eskies with tight fitting lids may be used for some foods. Where food comes into contact with the surface of the containers, it should be impervious to moisture. Lids should not be removed from food containers when the vehicle is in motion or unattended.
10 - Waste management
- Food stallholders must complete a waste management plan and submit it with their application. This plan should list the type of waste produced, the containers used to distribute food and beverages and the destination of waste materials (for example, recycling).
- Stallholders must take all waste and rubbish with them. It is the responsibility of the stallholder to remove all rubbish and other materials and leave the area clean and tidy at the conclusion of trading. Littering fines will be issued if rubbish is not removed.
- No water, oil or other liquid is to be poured into the drains or garden beds anywhere on site.
All stallholders are reminded of the need to comply with the guidelines and conditions above, as well as those contained in the Food Act 2003, the National Food Standards Code and the Work Health and Safety Act 2011 at all times.
Failure to comply with the guidelines and conditions will result in your exclusion from the market, fines being issued and/or prosecution in a court of law.