Selling food for fundraising
Some non-profit organisations that sell food for fundraising purposes using volunteer staff are exempt from the Food Act 2001.
This means your organisation does not need to register with the Health Protection Service or have a food safety supervisor.
This exemption applies regardless of the type of food you sell.
Selling safe food
You still have a responsibility to make sure all food you sell is safe.
If you sell unsafe food, your organisation may be responsible for serious illness or death and charged under criminal law.
It's strongly recommended your volunteer staff complete a free online I'm Alert food safety training.
Go to the food safety section.
Who is exempt
Your organisation is exempt from the Food Act if you are staffed by volunteers to raise funds for any of the following purposes:
- a religious, educational, charitable or benevolent purpose
- promoting literature, science or the arts
- looking after people with a physical or mental disability or condition
- sport, recreation or amusement
- conserving resources or protecting the natural environment
- preserving historical or cultural heritage
- a political purpose
- protecting or promoting the common interests of the community.
Volunteers
A volunteer is a person who operates a fundraising food stall on behalf of a non-profit community organisation and is either:
- not paid
- paid to manage unpaid volunteers
- or paid an amount that is not assessable income under the Income Tax Assessment Act 1997.
Selling food at declared events
Non-profit community organisations that are not covered by the Food Act are able to sell food at a declared event.
However, you must:
- register with the Health Protection Service
- appoint a food safety supervisor who has completed free I’M ALERT online food safety training.
Find out more about selling food at declared events.
Contact
Contact the Health Protection Service on 02 5124 9700 or hps@act.gov.au.