Published on 24/01/2019 by Any Business.Com.Au

Your Small Business Journey: Market Stall Musts

A lot of small businesses, especially those in the food and beverage industry, begin with a fold out table, chair and/or trailer at the local market.

Running a market stall can be a great way to cut your teeth and develop your business/ownership skills before you make the step to buying and running a fully fledged small business.

While it might be common knowledge that a market stall is a temporary structure that you set up to sell your products or services, it may not be widely known that despite only being set up for a short period of time, there are certain rules and regulations involved that may be applicable to market stall operators.

Setting up a market stall

Whether you're selling cupcakes at your local farmers' market or beaded necklaces at the weekend craft fair, it's likely that you'll need some type of registration, licence, permit or insurance to run your stall.

Licences and permits are important to help protect you and the investments you've made in your business. To help you get started, we've put together some information on common licences you may need to run a stall at your local market.The information is intended as a starting point. It's important to do your own research to ensure that you're compliant with the state, territory or local council you're operating in.

Footpath usage/obstruction permit

If your market stall obstructs the footpath, you may need to obtain a footpath usage or obstruction permit from your local council. This permit helps to protect public safety and ensures that the natural environment is cared for.

You can find out from the market organiser if they obtain this permit on your behalf, or if you'll need to obtain one yourself.

If you do need to obtain the footpath usage/obstruction permit to hold a market stall, you can search the Australian Business Licence and Information Service (ABLIS) to find one relevant to your local council.

Insurance for market stalls

Many market organisers require you to insure your stall in case things go wrong. You may need both public liability and product liability insurance to make sure you're covered. You might also consider professional indemnity insurance.

Some insurance providers will sell insurance packages specifically for market stall holders (sometimes called 'Market Trading Insurance').

If the market you're intending to sell your goods at offers insurance as a part of the registration fee, make sure you understand exactly what you're covered for. You may feel more comfortable obtaining your own insurance in addition to the insurance on offer from the market. You should also make sure that your set up and pack down time is included as a part of your insurance package.

Selling products at the market

Product safety

If you're selling products you're legally required to sell goods that are safe to use and free from defects that may cause injury.

Measuring and labelling your products

If you're selling fruit, vegetables, or other goods by measurement (e.g. weight, length or volume), you need to comply with trade measurement laws. Trade measurement laws cover how you measure and label your goods, and the measurement tools (e.g. scales) that you can use. Your legal requirements may differ depending on the type of product and quantity you sell.

For example, whether you sell your baked goods pre-package or unpackaged, and the quantity or weight of each item, may determine your measurement and labelling requirements.

Food stalls

Temporary food stall licence

Whether you're selling your prize-winning 'cronuts' or freshly blitzed organic smoothies, you'll likely need a temporary food stall licence from your local council.

Temporary food stall licences are available from most local councils for a set period of time. For example, the Brisbane City local council offers one-off temporary food stall licences (for multiple consecutive days) or an annual licence that covers a single location for weekends and/or public holidays.

Food safety

The food you sell at a market must comply with the Food Standards Code (the Code).

Food safety standards make sure that the food supplied is safe and suitable for people to eat.

It's important to familiarise yourself with the Code to make sure you're meeting your obligations.

These can include meeting requirements on:

  • temperature control
  • cleanliness
  • hand washing
  • labelling.

Some temporary food businesses may be able to apply for exemptions to some of these standards - check with your local council to find out if you're exempt from any of the requirements.

It's also a good idea to contact the market organiser in advance, and find out what facilities and practices they have in place for food safety, such as:

  • where the closest bathroom is
  • what kind of access you'll have to water at your stall (for example, food handlers may require warm running water to wash their hands)
  • how to dispose of food scraps and food waste.

Some local councils make inspections at market stalls to check that good food safety practices are being followed. Be prepared and make sure your stall complies.

Food safety in your state or territory

Regulations and licences can vary with each state, territory or local council, so make sure you're aware of your obligations!

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AnyBusiness.com.au

Curtis is a leading expert in the business-for-sale industry, serving as a senior content creator at anybusiness.com.au.

With a career spanning over fifteen years, Curtis has accumulated extensive knowledge in the domain of business sales, acquisitions, and valuations. His deep understanding of market dynamics and his ability to translate complex industry jargon into accessible insights make him a trusted resource for entrepreneurs and business owners looking to buy or sell businesses.

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