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Non-profit organisations

Non-profit organisations have been afforded broad exemptions from licensing under the Food Act 2006 (the Act) in recognition of the valuable services that these types of food businesses provide to the community. However, non-profit organisations continue to have an obligation to provide food which is safe and suitable for human consumption, and are still required to comply with all other provisions of the Act.

A non-profit organisation is an organisation that -

       a) is not carried on for the profit or gain of it's individual members; and

       b) is engaged in activities for a charitable, cultural, educational, political, social welfare, sporting or
           recreational purpose.

Non-profit organisations will only require a licence if they sell meals which are prepared by the organisation on at least 12 days each financial year. A meal is defined as being of adequate substance to be ordinarily accepted as a meal and intended to be eaten with cutlery at a table.

However, the following activities undertaken by non-profit organisations are expressly exempt from the licensing requirements:

• the sale of 'low-risk' meals such as a breakfast of cereal and toast;
• the sale of meals where the consumer helps in its preparation, for example,  home care; 
• the sale of pre-packaged meals stored and prepared according to the manufacturer's instructions  and
• the sale of food from a 'restaurant' or similar at a school or other educational or training facility used as part of its hospitality training.

The sale of unpackaged food, that is not a meal, by a non-profit organisation is exempt from licensing. Sausage sizzles, fetes, raffles and pie drives are exempt from licensing.

Also, delivered meals services (eg. 'Meals on Wheels') will only require a licence if the organisation prepares the meal they are delivering (many meals are prepared by another organisation such as a hospital or restaurant. In these instances, the delivered meals organisation will not require a licence).

Regardless of whether a licence is required, non-profit organisations are required to handle food safely in accordance with the Act.

Contact your local government to discuss the application of licensing to the specific activities of your organisation.

Resources

• Food Safety for Fundraising Events
• Food Safety in non-profit organisations – guideline

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