Selling food from home in Victoria

At a glance

Who regulates you

In Victoria, the path depends on business class. Class 1 highest risk, class 4 lowest. Class 3 generally pre-packaged high-risk or unpackaged low-risk food, no FSS or food safety program by law. Class 1, 2 and 3A require a food safety supervisor. Class 1 and some class 2 require a food safety program.

Primary agency: Local council. Fallback or related agency: PrimeSafe (meat/seafood); Dairy Food Safety Victoria (dairy).

Council classifies premises by highest-risk food activity (classes 1, 2, 3, 3A, 4). Classes 1, 2, 3 and 3A register annually; class 4 notifies once. Fixed premises: council where premises sits. Temporary/mobile: principal council, then statement of trade when trading elsewhere. Applications via FoodTrader.

Home-based preparation can be allowed, but being home-based does not exempt you from the Food Standards Code. The regulator can still assess whether the premises and activity are suitable.

What counts as a food business

The definition under the Food Act 1984 (Vic) is broader than a café, bakery or commercial kitchen.

Charitable and community sales still count

A business does not have to operate for profit to fall within the Food Act 1984 (Vic). Charitable and community organisations that sell food can still be food businesses.

What probably does not apply to a simple farm stand

The food laws cover businesses ranging from a table of home-grown produce to restaurants handling high-risk ready-to-eat food. That means some of the more demanding requirements you will encounter when researching the rules do not apply to every small seller.

Food Safety Supervisor

Applies to Category 1 and Category 2 food service, catering and retail businesses handling unpackaged, potentially hazardous ready-to-eat food.

Required for class 1, 2 and 3A. Not required by law for class 3 or class 4.

Class 4 activities use a one-off notification rather than annual registration. Food Safety Supervisor is not required by law for class 3 or class 4. Confirm your class with the council EHO before relying on either path.

Where the line changes

Whole raw fruit and vegetables are generally not treated as ready-to-eat food under the Food Standards Code because the consumer is expected to wash, peel or otherwise prepare them. Cut fruit, prepared salads, sandwiches, cooked meats and other unpackaged foods requiring temperature control can change your obligations significantly.

Basic food-handler obligations still apply

Even where Standard 3.2.2A does not apply, food businesses must ensure people undertaking food-handling activities have appropriate skills and knowledge for the work they perform. Victoria guidance may point to DoFoodSafely as a training resource.

How to notify your food business

1. Contact Local council before setting up

   Tell them what you intend to make, where it will be prepared, how it will be stored, and where and how you intend to sell it. Home-based businesses can still be subject to inspection, so establish expectations before you commit to the setup.

2. Complete the Council classifies premises by highest-risk food activity (classes 1, 2, 3, 3A, 4)

   Use the statewide portal linked in the sources section. Fee: Fees are set by councils. Community class-4 temporary notification: councils do not charge (community guidance). Do not publish a statewide fee..

3. Respect the timing rule

   Before operating; contact local EHO early. Do not wait until after your first market or first weekend of sales.

4. Notify or register each premises

   If the business operates from multiple food premises, separate information is required for each site.

What happens if you do not comply?

Maximum penalties are not published in the Tier 1 material used for this page. Confirm with Local council.

Labelling food you sell from home

Food labelling is primarily governed nationally through the Australia New Zealand Food Standards Code rather than by a separate state labelling system. The exact information you need depends on whether the food is packaged, unpackaged, or made and packaged at the point of sale.

For packaged retail food that is required to carry a label, the Code can require information including:

• Name of the food
• Lot identification
• Supplier name and street address in Australia or New Zealand
• Ingredient list
• Best-before or use-by date
• Directions for use and storage
• Nutrition information panel
• Country of origin
• Warning and advisory statements, and allergen declaration

Nutrition information panels are not universal

Most packaged food requires a Nutrition Information Panel, but FSANZ publishes exemptions. Examples can include some food sold unpackaged and food made and packaged at the point of sale. Making a nutrition or health claim can also trigger requirements that would otherwise not apply.

Allergen declarations matter

Allergen declaration required as a Code label element

Country of origin is a separate Australian requirement

Country-of-origin food labelling sits under the Country of Origin Food Labelling Information Standard 2016 as part of Australian Consumer Law, not under the Food Standards Code. Depending on the food and how it is sold, country-of-origin requirements may still apply.

What address goes on a home-food label?

Where the Code requires supplier identification, it requires the supplier's name and address in Australia or New Zealand. Whether a non-residential address or PO box satisfies the requirement is not published as a general rule. Confirm before printing a large run of labels.

Where you can sell

Victoria food law can clearly capture direct sales to the public, including direct sales of food that would otherwise sit with primary production. Selling from your own property is not automatically exempt just because you grew or produced the food yourself.

Temporary/mobile statewide registration with statement of trade to the trading council. Community gold-coin donation / free food: community guidance says registration/notification not required, confirm for commercial honesty stalls.

A farmers market may have its own application and insurance conditions. Interstate or out-of-state sales can introduce requirements beyond Victoria's local rules. Confirm each channel before you rely on it.

Unattended stalls and honesty boxes

There is no special published “honesty box exemption” in the Tier 1 material used for this page. An unattended stand selling food is still a method of selling food. Making the stand unattended does not change the product or remove food-safety obligations.

If payment is requested through an honesty box, QR code or electronic checkout, you are still conducting a sale where the food-law definition of sale is met.

Planning approval is separate

Food-business notification or registration and permission to operate a roadside or front-gate stall are different issues. Your council's planning rules may regulate whether and how you can operate a business or roadside stall from your property. Food notification does not automatically give you planning approval, and planning approval does not replace your food-business obligations.

GST, ABNs and getting paid

Food-business notification or registration does not register you for tax.

The Australian Taxation Office says a business generally reaches the GST registration threshold when its current or projected GST turnover is A$75,000 or more. For non-profit bodies, a higher threshold can apply. GST turnover is based on turnover, not profit. Whether GST actually applies to an individual sale is a separate question: many basic foods are GST-free, while other prepared foods and beverages can be taxable.

Is your stand a business or a hobby?

There is no single dollar figure that turns a hobby into a business. Australian Government guidance looks at profit intention, repetition, scale, whether you operate in a planned and businesslike way, and whether you keep business records. An ABN is not compulsory for every business, although having one can matter for GST registration and dealing with other businesses.

Do not confuse the tax test with the Food Act. An activity can attract food-safety obligations even where it is small, occasional or community-based.

Taking payments at an unattended stand

Once the compliance side is sorted, an unattended farm stand still has a practical problem: taking payment without requiring somebody to stand beside it all day. Cash and bank transfers can work, but they make it harder to tie a payment to an order, manage stock or offer customers pre-orders.

If you want customers to scan a QR code, select what they are buying, pay and update your stall inventory without someone being there, see how Vendl handles farm-stand checkout and pre-orders.

The Victorian catch

Victoria's fork is not notify versus ignore. It is annual registration versus one-off notification, and your council assigns that path by food class. Classes 1, 2, 3 and 3A register annually with the council where the premises sits. Class 4 notifies once. The trap for home sellers is assuming every jam jar or biscuit tin is class 4. Many packaged low-risk home products land in class 3, which still means annual registration, not a single notification. FoodTrader is the statewide portal, but the council EHO still classifies the premises from your highest-risk activity. Temporary and mobile traders add another layer: principal council registration plus a statement of trade when you sell somewhere else. Community gold-coin or free-food events sit under separate community guidance. A commercial honesty stall or paid checkout is a different question. The dividing line is whether you are conducting a commercial sale, not whether the stand looks informal.

Common mistake: Assuming every home kitchen only needs a one-off notification, jam/biscuit sellers may be class 3 (annual registration) while only the lowest-risk class 4 activities notify once.

Nearby jurisdictions

Food-business rules change when you cross a state or territory border. If you are comparing requirements or selling across borders, see the equivalent guides for New South Wales, South Australia and Tasmania.