Non-Fixed Food Premises

Clarence Valley Council implements the ‘home jurisdiction rule’ regarding mobile food vendors. The process for approval to operate is different for operators who reside in the Clarence Valley and register with Clarence Valley Council as their home Council, and for operators who do not reside in the Clarence Valley and are registered with another Council as their home Council.

All non-fixed food premises are required to be notified to their home Council (where they live and garage or store their mobile food vending operation). The notification or registration approval must be visibly displayed on the vehicle while operating

All non-fixed food premises must sell safe and suitable food in accordance with the provisions of the NSW Food Act 2003, Food Regulation 2015 and Food Standards Code.

Charitable or not-for-profit organisations are exempt from notification only if the provided food:

  • does not need to be kept hot or refrigerated to keep it safe (i.e. potentially hazardous foods) OR
  • would need to be kept under temperature control, but will be eaten immediately after thorough cooking, such as at a sausage sizzle. 


Vendors who reside within Clarence Valley Council
To register with Clarence Valley Council as your home Council the application for registration must be completed and submitted to Council at least 21 days prior to an event, or the expiry of your current registration. Operators that fail to submit the form and all required supporting documentation within this time frame, prior to an event, may not be permitted to trade.

To cook, store, or prepare food from any kitchen as part of your non-fixed food business operation you must ensure that the premise is notified with Council. This includes home kitchens, please see home-based food business for more information.

To got to the form, select the relevant section below if you have a mobile food vehicle or a temporary food stall.

Vendors who reside outside of Clarence Valley Council and Clarence Valley Council is NOT their home Council

Vendors who reside outside of the Clarence Valley area and are registered with another Council as their home Council are only required to notify Clarence Valley Council of their operation. To got to the form, select the relevant section below if you have a mobile food vehicle or a temporary food stall.

Mobile Food Vending Vehicles

Mobile food vending vehicles must be designed, constructed and operated in accordance with the ‘NSW Food Authority Guidelines Mobile Food Vending Vehicles’.

In addition to the above requirements the following requirements apply:

Must not trade, operate, or access Council reserves, including road verges, outside of an approved event unless separate written approval from Council is provided.

  • Must not have items placed outside the vehicle, including tables, chairs, food, equipment, externally sited BBQ’s, and signage
  • Must not operate on private land without owner’s consent and/or development approval from Council
  • Must not operate on any private land that contravenes any existing development approval and must comply with the requirements under Part 2 Division 1 Subdivision 27A of the State Environment Planning Policy (Exempt and Complying Development Codes) 2008
  • Must comply with Road Rules and parking requirements
  • Must not create offensive noise, light, dust, or odour

 

Mobile food vending registration form

Temporary Food Stalls

Temporary food stalls are any temporary structure set up to sell food at Council approved events.

Temporary food stalls must be designed, constructed and operated in accordance with the ‘NSW Food Authority Guidelines for Food Businesses at Temporary Events’.

Temporary food stalls are designed to be operated at approved events for a limited duration or periodic nature and are not suitable for long term operation or operation on private land.

Mobile food vending registration form

 

Food Safety Supervisor

Most food businesses are required to appoint at least one trained Food Safety Supervisor (FSS). FSS must complete a course recognised by the NSW Food Authority and obtain a valid FSS certificate. 

These requirements apply to businesses that process or sell food at the retail level, eg food that is:
• ready-to-eat,
• potentially hazardous (requires temperature control), and
• not sold and served in the supplier’s original packaging.

Guideline to Food and Safety Supervisor Requirements

Note: You cannot use the same FSS for multiple premises.

If you require a FSS but do not have one, you will have 30 days to nominate and provide a copy of the certificate to Council.

All other food handlers can access our free I'm Alert Food Safety Training program, which provides interactive training in all areas of food hygiene and safety.

Nominate your Food Safety Supervisor 

 

Location of Operation

Mobile food vehicles can operate on private land with the consent of the landowner provided they comply with Subdivision 27A of the State Environment Planning Policy (Exempt and Complying Development Codes) 2008. Temporary food stalls are not permitted to operate on private land.

Public Land

Operation is only allowed within the Clarence Valley at approved events such as markets once the relevant notification has been completed to Clarence Valley Council.

Trading, operating, or accessing Council reserves, including road verges, outside of an approved event, is not permitted without specific approval. Contact Council’s Open Spaces Section for more information on (02) 6643 0200.

  

Fees and Charges

Please refer to Council’s fees and charges list for associated fees which can be found here.

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