Food Trucks

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.

A mobile food and drink outlet (e.g. food truck) is classified as exempt development if it fully complies with the requirements (‘Development standards’) in clauses 2.54A-2.54B of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

As exempt development, no development approval (e.g. consent) is required for a mobile food and drink outlet.

Council Approval under Section 68 of the Local Government Act 1993 is required if the mobile food and drink outlet is undertaken on a public place – further information can be found below under Selling Food on Council Land and Selling Food on Land Owned by Transport for NSW.

However, the Notification requirement still apply.

Mobile food trading on Council land outside of approved special events requires both an approval under section 68 of the Local Government Act 1993 and consent of Council as the land owner.

Taking into account that Council’s policy does not endorse commercial activities in public parks and reserves, it is unlikely that such consent/approval will be granted. Also, in the interests of public safety Council will not approve mobile food vending in publicly owned car parks or on the roadside of any public road.

Mobile food and drink outlets operating on public land in conjunction with an approved event must be included into the application for such an event and be incorporated into the corresponding approval. An approval under section 68 of the Local Government Act 1993 may also be required.

Council will only consider applications for mobile food trading in the designated rest areas along Hume Motorway (M31, Mackey VC Rest Area, and Gordon VC Rest Area) if the applicant provides a letter of concurrence from Transport for NSW.

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.

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).

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).

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.

 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).