Food Trucks

Here are the rules if you are thinking of operating a mobile food truck in the Wingecarribee Shire.

  1. A mobile food truck trading on private land is considered permissible (allowed) under the Complying Development Sepp 2008 (state environmental planning policy), and this does not permit trading on roadway or Council’s nature strip
  2. One truck only is allowed to trade at any one time on the land
  3. Written confirmation/permission from the land owner to trade on their land (inclusive of which day/s you may be using their land to trade) must be provided at every site that the truck wishes to trade, and provided prior to trade. Notification and written consent from the land owner will need to be  provided to Council. 
  4. Notify Council – via the Food Business Notification Form
  5. Provide  a copy of your Public Liability Insurance  
  6. Provide a copy of your most recent food premises inspection (food safety inspection) from your home Council  
  7. Provide a copy of your current food safety supervisor certificate (cannot be in use for other fixed or mobile food premises trading under the same or different name)

Definition

A mobile food vendor is any vehicle designed to be movable from place to place and used to sell food. They include vehicles that prepare food on site (e.g. sausage sandwiches & hamburgers), one-step food preparation (e.g. coffee and juices) and food that is already pre-prepared and pre-packaged.

Do I Need Planning Permission?

In most cases formal planning approval is not required so long as:

  • it does not restrict vehicular or pedestrian access
  • it is not within the canopy of a tree,
  • it does not damage public property
  • if it is located in a residential area only operates between 7.00 am and 7.00 pm
  • there is only one mobile food vendor permitted per site

Selling Food on Council Land

Selling food on Council land needs Section 68 Approval from Council as the owner. Selling food on the road also requires Section 138 Approval, which includes ensuring traffic is managed safely (including pedestrians). Use of a public park or reserve also requires a booking, where fees and bonds will apply. (NOTE - All fees can be found in Councils Fees and Charges).

RMS Approval

If you are planning to sell food on one of the state roads in the Shire, you are also required to obtain approval from the RMS before you apply to Council.

Notification

All mobile food vendors must notify Council prior to operating within the Shire. To do this a Food Notification Form can be filled out and provided to Council. When this form is received by Council an Environmental Health Officer will contact you to arrange an inspection if Wingecarribee Shire Council is your ‘home council’. Where there are various trading sites – all sites should be listed.

Home Jurisdiction

If you are selling food in other Council areas, Council will apply the home jurisdiction rule. If your vehicle is garaged and trades in Wingecarribee Shire LGA, you are required to be registered with Council and have annual food safety inspections as this is your ‘home council’. 

If you are trading in Wingecarribee Shire LGA but registered and inspected by another Council, an up to date inspection report must be provided prior to operating in the Shire. (NOTE – Always check the requirements with every council you plan to work in prior to operation, as the approval process may vary).

Annual Inspection

If Wingecarribee Shire Council is your home council, your vehicle will be inspected annually to check that good food safety practices are in place, such as temperature control, cleanliness, hand washing and labelling. (NOTE: There is an annual inspection fee).

Fit Out

All food vans must comply with the NSW Food Authority ‘Guidelines for Mobile Food Vending Vehicles’ which can be found on the NSW Food Authority website.

Food Safety Supervisor

 If you are processing or selling food that is:

  • ready-to-eat, and
  • potentially hazardous (i.e. requires temperature control), and
  • unpackaged (i.e. not sold and served in the supplier’s original package).

A Food Safety Supervisor is required and a current copy of the certificate is to be provided with your notification and kept in the vehicle at all times. (NOTE - Details on the Food Safety Supervisor requirements can be found on the NSW Food Authority website).

Certificate of Currency

Current public liability insurance to the value of $20,000,000 must be held by the operator and a copy provided to Council with the notification for the mobile food vendor.