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Selling food at farmers markets

Notice: New training requirements were introduced in December 2023. This article has been updated to include those requirements under Standard 3.2.2A.

What are the requirements for selling food?

In Australia, anyone who sells edible goods is considered a 'food business' and must comply with their state or territory Food Act. Some requirements apply even if the activity is one-off, regardless of whether it is online, at a 'brick and mortar' establishment, or a farmers market.

You will typically be required to notify a responsible authority before you commence business. This may involve notifying a health body or council in the area where you are manufacturing or selling food.

High-risk foods, such as fresh meat, eggs, and seafood, may have additional requirements. With the introduction of the new Food Safety Standard 3.2.2A in December 2023, businesses that handle unpackaged, ready-to-eat, and potentially hazardous foods must now adhere to stricter regulations. This standard applies to businesses categorized as either 'category one' or 'category two,' and imposes enhanced requirements for food handler training, appointment of Food Safety Supervisors, and meticulous record-keeping.

Where can I find information about the food business regulations in my state or territory?

The below list provides some links relating to food safety requirements in your state. It does not cover all requirements and are subject to change, so always check for the most current information:

How do I start a food business?

Any business requires planning, and food businesses are no different. Consider what you are going to sell, how and where you will produce it. Packaging, advertising, pricing, staffing, and distribution are just a few considerations. Food production and sale are regulated in all states for health reasons, so your business planning will need to account for the specific requirements in your state.

Even if you are operating as a hobby, a key step is to obtain approval or accreditation, especially if high-risk goods such as eggs, dairy, fish, or fresh meat are involved. The process and cost for doing so vary from state to state and even council to council. If you’re not dealing with high-risk foods, gaining approval from your local council should be a straightforward procedure.

The production and sale of fresh meat is heavily regulated, with all aspects of the industry overseen—from animal welfare during the growth phase right through to transport and sale of the retail product. Aquaculture, eggs, and milk also have industry-specific regulations that will need to be considered.

We provide you the ability to display, market, and sell your product, but it is your responsibility to ensure that any food products are produced, sold, and distributed in accordance with any legal requirements applicable to your situation and location.

What are the laws surrounding the display and sale of homegrown produce?

By homegrown produce, we mean fruit, vegetables, and nuts, not any form of seafood or meat, as these requirements are quite different. Any food sold for human consumption must be safe and fit for purpose.

Generally, it is legal to sell fruit and vegetables in Australia provided the produce has been washed and refrigerated before selling. Typically, you can display whole raw fruits and vegetables unpackaged, provided they are intended to be hulled, peeled, or washed by the consumer. Spoiled, infected, and contaminated produce must never be sold on our site.

Awareness of biosecurity, including pest control (e.g., fruit fly) and quarantine requirements, is also crucial. Many of these requirements apply whether the produce is for your consumption, charity, or business purposes.

Transport of some products across state borders (and even within states across declared food production zones) is an area that needs to be considered before listing your products on our site.

Are there any specific requirements for food businesses that handle fruits and vegetables?

If your food business involves frequent washing of fruit and vegetables, you are expected to have a dedicated sink to avoid cross-contamination with other foods. If you slice, cook, freeze, or mix the produce you’re selling, it is considered “processed” and you will need a council-approved commercial kitchen.

What rules apply to ready-to-eat produce?

For ready-to-eat produce (food that is ordinarily consumed in the same state as that in which it is sold, such as de-shelled nuts), you may not be able to transport them in cardboard or wood containers, as these cannot be cleaned and sanitized like food-safe plastics.

Where can I find more information about food requirements?

Australia has legislation and regulations to ensure that local and imported food is safe to eat. You can find plenty of additional information at the Department of Health and Aged Care, including details about Australian Food Standards, labeling requirements, and food recall procedures.