Department of Health

Key messages

  • Class 4 cake stalls operating from a temporary or mobile site need to notify their council through Streatrader.
  • Class 4 cake stalls do not need a food safety program or a food safety supervisor, but must ensure that the food they sell is safe to eat.
  • Cakes sold under class 4 cake stalls must be prepacked or covered, cooked and not contain cream fillings.
  • Community groups that run class 4 cake stalls must lodge Statements of Trade.
  • Do Food Safely is an online learning program on basic food handling.

This information applies to community groups that:

  • sell food solely for the purposes of raising funds for charity
  • are a not-for-profit body
  • are selling cooked cakes without cream fillings only.

Class 4 cake stalls are not required to register with their council, but they must notify the council through Streatrader.

The notification is a once-off requirement. It does not need to be resubmitted annually or each time you operate.

When your food stall has been accepted by your principal council, you can operate the stall in any council district under the Food Act1984, provided that you lodge a Statement of Trade advising that council about where and when you will be operating.

Statements of Trade must be submitted through Streatrader.

You are not required to have a food safety program or a food safety supervisor.

Any council in whose district you operate may inspect your stall at any time – for a spot check to make sure that food is safe, or if any complaints are received.

Volunteers – registration

If a volunteer makes a cake at home and donates it for sale at a community cake stall, that person is not selling the food.

Everyone is encouraged to handle food safely, but volunteers do not need to register their homes as food premises with the council. Only the community group holding the food fundraiser needs to notify the council.

Principal council

As a community group raising funds for charity or a not-for-profit body, you must notify your principal council about your cake stall. It will advise you about your responsibilities under the Food Act 1984 when you sell food from temporary food premises.

You must notify the council in whose district your organisation routinely prepares or stores the food. If you do not have such a place, or if the cakes are made at home by volunteers and donated to the group or purchased beforehand, contact the council in whose district the organisation usually stores its equipment used at the stall. If you do not have such a place, contact the council where your contact address is located.

If you need help determining your principal council, see the pages on ‘Food vans, halls and stalls’.

Cake stall regulations

Cooked cakes without cream fillings – class 4

Cake stalls selling only cooked cakes that are packed or covered and do not contain fillings made from fresh cream or uncooked eggs are class 4 temporary food premises.

Class 4 premises may use mock cream fillings, as mock cream does not require refrigeration. They may also sell other baked items, such as biscuits or slices.

Class 4 involves the lowest level of regulation, due to the low food safety risks involved.

Cakes with cream fillings

If you plan to sell cakes that contain fillings made from fresh cream or mascarpone, or uncooked eggs (such as tiramisu or mousse), you must contact your council for approval. Different safety rules will apply.

Cakes like the ones mentioned above need refrigeration throughout the food handling process – including during preparation, storage and transport – to keep them safe.

If they are not handled safely, it may cause food poisoning which may result in serious illness or even death.

Do Food Safely food handler training program

Community volunteers are encouraged to complete the free online learning program, Do Food Safely, to improve their knowledge of safe food handling techniques.

The program is informative and fun. It takes about an hour to complete and includes six topics on food safety and a final quiz. Participants who score more than 90 per cent on the quiz are awarded a certificate.

Cake handling tips

Follow these tips if you participate in a cake stall food fundraiser:

  • Ask the event organisers or site owners
    • whether water at the site is safe to drink
    • where and how your cakes, biscuits or slices will be stored.
  • Make sure there is somewhere for food handlers to wash their hands, otherwise have suitable hand sanitisers available.
  • Make sure all volunteers know how to handle food safely (access the Do Food Safely program).
  • Ensure all cakes are wrapped, packaged or placed in clean containers with close-fitting lids.
  • Label cakes with the list of ingredients used to make them.
  • Ensure the cakes are transported in clean containers.
  • Store cakes and packaging supplies in safe and clean conditions.
  • Do not use damaged packaging, and throw away any cakes in damaged packaging.
  • Keep hands clean.
  • Use only clean, dry cutting boards, equipment and utensils.
  • Use tongs or other utensils to serve cakes.

Allergies and intolerances

Make sure cakes containing ingredients that can cause reactions are identifiable. You should be able to provide accurate information about ingredients to customers at the event.

Foods that commonly cause reactions include:

  • eggs and egg products
  • gluten (especially wheat-based flours)
  • milk and milk products
  • peanuts and peanut products
  • other nut and nut products
  • sesame seeds and sesame seed products
  • soy beans and soy bean products.

Reviewed 26 June 2023


Contact details

Food Safety Unit

Was this page helpful?