Queensland Consolidated Acts

FOOD ACT 2006 - SECT 48

(1) Licensable food business means a food business that--

(a) involves the manufacture of food; or

(b) is carried on by an entity other than a non-profit organisation and involves the sale of unpackaged food by retail; or

Examples--

a restaurant or delicatessen

a catering business

a takeaway pizza shop

a motel supplying meals with accommodation

a food business that involves selling hamburgers from a motor vehicle or unpackaged food from a vending machine

(c) is carried on by a non-profit organisation and involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place.

Examples--

a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club

a non-profit organisation preparing and selling meals to homeless persons at a homeless persons' hostel

the preparation of meals by Meals on Wheels

(2) However, a licensable food business does not include a food business that consists only of 1 or more of the following--

(a) the production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000, part 5;

(b) the processing or sale of fisheries resources under a buyer licence issued under the Fisheries Regulation 1995;

Editor's note--

Fisheries Regulation 1995--now see Fisheries Regulation 2008, section 716.

(c) the sale of unpackaged snack food;

(d) the sale of whole fruit or vegetables;

(e) the sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee;

(f) the grinding of coffee beans;

(g) the sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcoholic drinks;

(h) the sale of ice including flavoured ice;

(i) the sale of meals by a non-profit organisation if--

(i) the meal consists only of fruit, cereal, toast, or similar food; or

(ii) the consumer of the meal helps to prepare it;

(j) the sale of meals by a non-profit organisation that--

(i) are pre-prepared by an entity other than the organisation; and

(ii) are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal's manufacturer;

Example--

the sale of a frozen meal, at the canteen of an independent school, after the meal is microwaved in accordance with instructions on the meal's packaging

(k) the sale by a non-profit organisation of a meal prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering;

(l) the sale of other food prescribed under a regulation.

(3) In this section--

processing does not include cooking.

snack food means any of the following food that is not potentially hazardous food--

(a) biscuits or cakes;

(b) confectionary, corn chips, potato chips or nuts;

(c) dried or glazed fruit;

(d) other food prescribed under a regulation.