Temporary Events in the Muswellbrook Shire Local Government Area

These guidelines define food vendors that commonly trade at temporary events, and stipulate the minimum requirements that must be met regarding obtaining approval.

What is a temporary event?

Temporary events are an event where food businesses may trade including fetes, markets, festivals and agricultural shows.

These events range in duration from several hours to several weeks.

What is a temporary food business?

A temporary food business trades at temporary events. The business may prepare food at a fixed premises before the event or prepare all food at the event.

Food businesses trading at these events may operate from premises such as a tent, stall or marquee. Temporary food businesses do not include any business that prepares or cooks food prior to the event. These may be classified as a mobile food vending vehicle or a fixed premises such as a home based business.

What is a mobile food vending vehicle?

A mobile food vending vehicle is any means of transport that is designed to be movable from place to place, and which is used for selling food.

It includes vehicles used for on-site food preparation (e.g. hamburgers, hot dogs and kebabs), one-step food preparation (e.g. popcorn, fairy floss, coffee and squeezing juices), and the sale of any type of food including pre-packaged food.

Mobile food vending vehicles can be in the form of trailers, vans, carts, and caravans etc. You need Council approval prior to operating a mobile food vending vehicle.

A mobile food vending vehicle also requires approval from the landowner prior to trade. Where the landowner is Council, formal approval may be required such as a Section 68 Approval. It should be noted that any vending vehicle that intends to trade from a regular fixed location may need development consent prior to trade. Council’s Planning Department can assist with development approval enquiries.

What is a home based business?

Home based food businesses use a residential kitchen to handle and prepare food for sale.  The most common home based businesses include preparing cake and slices, jams and sauces, and fermented meats. Some home based businesses undertake catering and preparation of crib meals.

Home based businesses include preparing food for:

1. local markets
2. catering for events
3. operating B&Bs, farm-stays or childcare businesses
4. online food sales from home.

You need Council approval prior to operating a home based business.

Home jurisdiction rule – approval and regulation

The home jurisdiction is generally responsible for the approval and regular inspection of mobile food vehicles, home based business and fixed premises, and risk-based inspection of temporary food businesses based in their area.

For mobile food vehicles, the home jurisdiction rule recognises the enforcement agency in whose area the vehicle is ordinarily garaged as the home jurisdiction, even if the business does not intend to trade in this council area.

Food businesses that prepare food at a fixed premises (e.g. a domestic kitchen, café or restaurant), the home jurisdiction rule recognises the enforcement agency in whose area that fixed premises is located as the home jurisdiction.

My home jurisdiction is Muswellbrook Shire Council

If you are a mobile, home or fixed premises, you are required to ensure that your business is registered with Muswellbrook Shire Council prior to trading regardless of frequency or types of food for sale. Please fill out a business registration form and submit to Council. Council will conduct a pre trade inspection and ensure that your business meets food safety requirements. Once a satisfactory inspection has been undertaken you will receive a written approval. This approval, along with your most recent inspection reports should be kept easily accessible, as you will need them to trade in other NSW Council areas.

If you only prepare food at the event, and there is no handling or preparing being undertaken from a fixed premises, such as at a residence, you are required to fill out a temporary event application form. The temporary event registration form can be found on our forms page. Once complete, this form is to be submitted to Muswellbrook Shire Council’s Environmental Health Department at least seven (7) days prior to the event.
Should Muswellbrook Shire Council be satisfied with the information provided and your compliance with the Food Standards Codes, you will receive a written approval.

Should information be missing, or Muswellbrook Shire Council has concerns regarding the risk of the food being prepared, an inspection will be undertaken of your business. These inspections will be charged in accordance to Council’s fees and charges.

My home jurisdiction is another Council

If your home jurisdiction is another Council and you are looking to trade in the Muswellbrook LGA you will be required to fill out a temporary event application form, and provide the completed form, your food safety supervisor certificate (where applicable) and a copy of your most recent inspection report from your home Council and submit it to Muswellbrook Shire Council’s Environmental Health Department at least seven (7) days prior to the event.

Should Muswellbrook Shire Council be satisfied with the information provided and your compliance with the Food Standards Codes, you will receive a written approval.

Should information be missing, or Muswellbrook Shire Council has concerns regarding the risk of the food being prepared, an inspection will be undertaken of your business. These inspections will be charged in accordance to Council’s fees and charges.

Information for event organisers

Prior to an event being held in the Muswellbrook Shire you are to ensure that you have approval from Council to host the event.

For large events, where there is more than one food vendor trading, the event organiser is collate all applications for food vending in the Muswellbrook Shire Area and provided these to Council’s Environmental Health Department at least seven (7) days prior to the event occurring.

Council requires:

1. Completed temporary event application form or proof of business if the vendor is based in Muswellbrook Shire Council’s jurisdiction
2. Copy of food safety supervisor certificate (where applicable)
3. Copy of their most recent inspection report (if not Muswellbrook Shire Council’s jurisdiction)
4. Diagram of their site layout.

The event organiser should ensure all food vendors have received the approval to trade from Council for insurance and safety purposes.

What do I need to do prior to trading at a temporary event

Muswellbrook Shire Council requires:

1. Completed temporary event application form or proof of business if the vendor is based in Muswellbrook Shire Council’s jurisdiction
2. Copy of food safety supervisor certificate (where applicable)
3. Copy of their most recent inspection report (if not Muswellbrook Shire Council’s jurisdiction)
4. Diagram of their site layout (if not mobile food vending vehicle).

To comply with Food Safety Standards, all vendors selling unpackaged food at minimum will require:

1. Handwashing facilities with a constant supply of soap, single use towel and warm potable water.
2. Digital thermometer
3. Food Grade Sanitiser
4. Waste water and waste receptacles
5. Methods to protect food during storage, transport and display.