Do you sell food?
Streatrader is for businesses and groups that sell food and/or drinks.
'Food' includes:
- anything that people eat or drink
- live, raw, prepared or partly prepared food
- live animals and plants
- ingredients of a food, including additives to a food
- drinks, including water, alcohol, milk, tea, coffee, fruit juice and soft drinks
- chewing gum, including ingredients and additives.
'Sale' has a very broad meaning. The most common situations it covers include:
- being paid to provide food to people or businesses, or receiving other valuable consideration, such as from a retail or wholesale premises or at a market or from a stall or van or as a caterer
- selling food whether for a profit or as a fundraiser for charity
- offering or displaying food for sale, even if you don’t sell any
- selling food to someone who is going to re-sell it
- receiving food or storing food in order to sell it
- providing food to someone as part of a inclusive contract for accommodation or service (such as providing breakfast at a hotel or bed and breakfast; providing meals to residents in nursing homes; providing meals to children in day-care centres)
- providing food to an employee at the workplace as part of the employee’s award or contract
- giving away food 'in furtherance of trade' or as an advertisement (such as to promote your business)
- supplying food to patients in hospitals or prisoners in prisons.
Can you use Streatrader?
Q. Do you sell food from a portable stall, a van, a community hall or other similar site that you only use occasionally, or from a vending machine?
Q. Do you handle food at one of these places to sell it somewhere else (this includes making, manufacturing, storing, cooking or serving food that you intend to sell)?
Q. Are you a private water carter who transports for sale water for human consumption (includes using the water to prepare food or make ice for human consumption or to preserve unpackaged food)?
Yes
If the answer to any of the questions is yes, you can apply in Streatrader for permission to conduct these activities.
No
If you are not dealing with or selling food or drink as defined above, then you do not need to use Streatrader. The Food Act does not apply to you.
When you donate food to a fete or stall where it is sold by a community group or business, your donation is NOT a sale, but the sale by the community group or business is a sale.
Unsure?
If you are unsure whether your activity involves the sale of food, contact the council in which your business or community group is based for advice.