Cottage food rules
Cottage Food Laws QLD: What Home Bakers Need to Check
Know which Queensland rules reach your home kitchen, and who to ask before you take orders.
On this page
What to remember
- Selling food you make at home counts as a food business in Queensland.
- Food handling at domestic premises comes with a number of special considerations.
- Ask your local government whether you need a licence or a food safety program.
- Licence or no licence, the Food Act and the Australia New Zealand Food Standards Code still apply.
- Queensland Health, local government and Safe Food Production Queensland each enforce part of the picture.
The rules that reach a home kitchen in Queensland come from two places: the Food Act and the Australia New Zealand Food Standards Code. Home-based food businesses often need to take into account the structural and food safety requirements legislated in the Queensland Food Act and the Australian Food Safety Standards. Those are the words to keep in front of you while you plan your menu and your week.
What counts as a food business at home
A food business is any activity involving the sale of food, or the handling of food intended for sale. The definition is written broadly, so it is worth reading your own baking against it honestly. If you handle food that is meant to be sold, the activity is a food business, and where that handling happens at domestic premises, a number of special considerations apply.
That last point is the one home bakers skim past. The considerations are not a penalty and they are not a compliment. They exist because a home kitchen was built for a family, and the same room is now doing work that customers rely on.
Licences, food safety programs, and who to ask
To find out whether you require a licence or food safety program under the Food Act, you should contact your local government. That is the most useful call you can make before you take orders, because your local government is the body that can answer it for your situation. The guide to cottage food laws and permits walks through the questions to have ready before you ring.
Who enforces the food laws in Queensland
Enforcement of the Food Act is a joint responsibility of Queensland Health and local government. Enforcement of the Food Production (Safety) Act 2000 is the responsibility of Safe Food Production Queensland. Knowing which body handles which law saves you a round of phone calls when a question comes up.
None of this is a reason to stay out of the kitchen. It is a reason to make two phone calls and read the requirements properly before you take a single order. A home baker who knows which rules apply can plan a menu and answer a customer without guessing.
Before you take your first order
Check the definition against your baking
A food business is any activity involving the sale of food, or the handling of food intended for sale. If what you do matches that, plan for it.
Ring your local government
Ask directly whether you require a licence or food safety program under the Food Act. Get the answer for your address, not for a friend’s.
Look at your kitchen as a work space
Home-based food businesses often need to take into account the structural and food safety requirements legislated in the Queensland Food Act and the Australian Food Safety Standards.
Assume the standards apply
Whether or not you are required to hold a licence, the Food Act and the Australia New Zealand Food Standards Code still apply to a food business that operates from home.
Know who to call next
Queensland Health and local government share enforcement of the Food Act. Safe Food Production Queensland enforces the Food Production (Safety) Act 2000.
If you are comparing notes with bakers elsewhere, the NSW guide shows how a neighbouring state frames the same questions. Keep your own council’s answer as the one that governs your kitchen.
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Common questions
Do I need a licence to sell cakes from my home in Queensland?
That depends on your situation, and your local government is the body that can tell you. To find out whether you require a licence or food safety program under the Food Act, you should contact your local government. Whether or not a licence is needed, a home food business must still comply with the other requirements of the Food Act and the Australia New Zealand Food Standards Code.
What is a food business under Queensland rules?
A food business is any activity involving the sale of food, or the handling of food intended for sale. If food handling occurs at domestic premises, there are a number of special considerations that apply.
Does my home kitchen have to meet food safety requirements?
Home-based food businesses often need to take into account the structural and food safety requirements legislated in the Queensland Food Act and the Australian Food Safety Standards. That is separate from the licence question and applies either way.
Who enforces food laws in Queensland?
Enforcement of the Food Act is a joint responsibility of Queensland Health and local government. Enforcement of the Food Production (Safety) Act 2000 is the responsibility of Safe Food Production Queensland.
Sources
General information only, not legal advice. Food rules in Queensland come from the Food Act, the Australia New Zealand Food Standards Code and your local government, so confirm your own situation with your council before you sell.