Mobile food stalls and vans
Council is responsible for regulating all retail food businesses throughout the local government area, including food stalls and vans at temporary events and mobile food vending vehicles.
Home-based food businesses require development consent either from a Development Application (DA) or a Complying Development Certificate (CDC). If you are preparing food at home to be sold, please ensure that you have obtained approval for your home business. Information about the approval process for a home-based food business in the Ku-ring-gai Council area is available on Council's home based food business page.
Food stalls or vans at temporary events
Food stalls or vans often operate at temporary events such as markets, fairs and other special events. If you would like to operate your food stall or van at a temporary event permission must be first obtained from Council or the relevant event organiser.
If you would like to operate your stall or van at a Council run event you can register your interest through Council’s online stallholder expression of interest form.
To attend a privately run event you will need to contact the event organiser to find out what application process is required.
Once permission to attend an event has been obtained from the relevant event organiser, you are required to:
Food stalls or vans at sportsfields and parks
Council does not grant permission for stalls or vans to operate at sportsfields or parks unless it is associated with an approved community sporting activity. For enquiries related to bookings of sportsfields contact email@example.com.
Mobile food vans
- Sales from mobile food vans are restricted to local roads only and are prohibited on state, regional and collector roads.
- Vans cannot be set up in one location on a public road for a period of more than 30 minutes or within 200m of a school or 400m of any food shop.
- Sales are only permitted between 7am and 7pm.
- Approvals do not give permission for operation on private land, at community events or in parks, sportsgrounds and ovals. Please note Council does not grant permission for mobile food vendors to operate in parks or sportsgrounds unless associated with an approved community sporting activity or other approved event.
- Vans must be designed and constructed so that selling only takes place from the kerb side of the vehicle.
- Food sold from vans is restricted to low risk food products such as hot and cold drinks and pre-packaged food like sausage rolls and muffins.
- Tobacco and alcohol sales are not permitted.
- The business must maintain public liability insurance to a minimum insured value of $20,000,000.
If you would like to operate your mobile food van from the roadway, please submit your application by completing Council's online application form for mobile food vans. Application fees apply and are charged in accordance with Council's adopted fees and charges. Council's Customer Service Team will contact you for payment of the application fee. Your application will be assessed and an inspection of the van may be required.
Following approval, you will be required to:
- Notify your food business by completing Council’s online mobile food business notification form.
- Ensure the van complies with the requirements of the Food Act and Food Standards Code. More information can be found on the NSW Food Authority’s website.
- Ensure you have a Food Safety Supervisor who holds a current Food Safety Supervisor Certificate issued by a Registered Training Organisation (RTO) if required. More information about the types of mobile food businesses impacted by this requirement and a list of RTOs can be found on the NSW Food Authority’s website.
- Operate according to the conditions of your approval.
Mobile food vans on private property
Temporary changes to food truck/van operations have been approved by the Environmental Planning and Assessment (COVID-19 Development-Takeaway Food and Beverages) Order 2020.
This Order allows food trucks and vans to operate on private property with the landholder’s permission.
Only one food truck is permitted per property and all other conditions such as not obstructing vehicle or pedestrian access and taking steps to reduce noise still apply.
Additionally employees and customers must practice social distancing and seating for customers must not be provided.
While the Order is in place, all existing requirements under the Food Act 2003 (NSW) continue to apply and food trucks must be operated in accordance with NSW Food Authority publication Guidelines for mobile food vending vehicles.
More information about the requirements for mobile food vendors can be found on the NSW Food Authority’s website.
Before trading the operator of a mobile food truck or van must notify their business details to Ku-ring-gai Council by completing an online mobile food business notification form.
COVID-19 and food safety
The NSW Food Authority’s website provides specific information for food business including food safety aspects of COVID-19, measures you can take to protect your workers, how to deal with customers or staff that are ill and other workforce impacts. The best way to prevent the spread of COVID-19 and protect your business is through good personal hygiene and food safety practices. All food businesses should:
- Train staff in how to wash their hands properly.
- Maintain a supply of soap and paper towel at all hand wash basins.
- Ensure frequent hand washing during preparation and service of foods, after going to the bathroom, touching the face or hair and at any other times that hands may be a source of contamination.
- Maintain thorough cleaning and sanitising of facilities, equipment and transport vehicles.
- Clean and sanitise all food contact surfaces and equipment, as well as front counters, door handles, light switches and other 'high touch' areas that staff or customers may have contact with.
- Exclude any worker with a suspected communicable disease, such as coughing, sneezing, flu-like symptoms, gastrointestinal illness from the workplace. It is recommended that the health of all employees is reviewed on a daily basis and any workers showing these symptoms are sent home or advised not to come to work.
All food businesses, including mobile food vendors, must ensure that the foods they sell meet the Australia New Zealand Food Standards Code for labelling and information requirements.
Food businesses in NSW must also provide allergen information in food by either:
- declaring allergens on the label (usually in the ingredient list);
- displaying information about allergens next to food on sale (if it’s not packaged);
- providing information about food allergens in food if requested by a customer.
Vulnerable persons and food delivery
Food businesses that deliver food to vulnerable people must meet specific additional food standards set out in the Food Regulation 2015 (NSW) Vulnerable Persons Food Safety Scheme. More information about this matter can be found on the NSW Food Authority’s website.