Meaning of licensable food business
48 Meaning of licensable food business
Licensable food business means a food business that—
involves the manufacture of food; or
is carried on by an entity other than a non-profit organisation and involves the sale of unpackaged food by retail; orExamples—
• a restaurant or delicatessen
• a catering business
• a takeaway pizza shop
• a motel supplying meals with accommodation
• a food business that involves selling hamburgers from a motor vehicle or unpackaged food from a food vending machine
is carried on by a non-profit organisation and involves the sale, on at least 12 days each financial year, of meals prepared by the organisation at a particular place.
Examples—
• a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club
• a non-profit organisation preparing and selling meals to homeless persons at a homeless persons’ hostel
• the preparation of meals by Meals on Wheels
However, a licensable food business does not include a food business that consists only of 1 or more of the following—
the production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000, part 5;
the sale of unpackaged snack food;
the sale of whole fruit or vegetables;
the sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee;
the grinding of coffee beans;
the sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcoholic drinks;
the sale of ice including flavoured ice;
the sale of meals by a non-profit organisation if—
the meal consists only of fruit, cereal, toast, or similar food; or
the consumer of the meal helps to prepare it;
the sale of meals by a non-profit organisation that—
are pre-prepared by an entity other than the organisation; and
are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer;
Example—
the sale of a frozen meal, at the canteen of an independent school, after the meal is microwaved in accordance with instructions on the meal’s packaging
the sale by a non-profit organisation of a meal prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering;
the sale of other food prescribed under a regulation.
In this section—
snack food means any of the following food that is not potentially hazardous food—
biscuits or cakes;
confectionery, corn chips, potato chips or nuts;
dried or glazed fruit;
other food prescribed under a regulation.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.