QLD Do I need a food business license?

Discussion in 'Commercial Law Forum' started by John3456, 15 August 2019.

  1. John3456

    John3456 Member

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    Hello everyone. I am thinking about starting a small business. This business consists of blending tea with other dried ingredients and selling this blended tea, and will be home-based. The Toowoomba Council website and the Food Act 2006, states that if you manufacture food you require a food business license. However, it also states that if you sell tea, spices and dried fruit (the ingredients that I plan on using), you are exempt from obtaining a food business licence. Bit confused by this. I'm not planning on changing the chemical or even physical properties of the ingredients. I'm simply measuring, mixing and packaging in a room where nobody eats, sleeps or generally does anything in. Does anybody know if I would require a business food license or does anyone think that I might be exempt? A customer service agent told me that I could apply for a license and they will simply tell me if I am exempt. However, I was told just applying costs over $400 and I'd rather not pay this sum just to get the answer 'no you don't need one'.
    Any answer will be greatly appreciated. Thanks very much.
     
  2. patrik6

    patrik6 Well-Known Member

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    i would say u need a food licence any food handling outside food packaging must be in a clean environment u do run a big risk
    have u a food handling certificate u have hand washing facilites with paper towels u have current pest certificates etc etc etc
    think about it the only time you dont need a licence if u sell pre packaged food ie coffee shops selling prepacked cakes sandwiches etc
    same as 7-11
     
  3. Rob Legat - SBPL

    LawTap Verified

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    What you're looking at doing is covered by Queensland's Food Act. The Act provides:
    - A 'substance or thing for human consumption (whether raw, prepared or partly prepared)' is food;
    - Handling includes packing; and
    - Manufacturing includes packaging food, other than unprocessed primary produce.

    The "sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee" is exempted under the Act from being a licensable food business.

    However, you're manufacturing because of the acts of blending and packaging. It is only the sale which is exempt. You'll need a licence.
     
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