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A market stall is a temporary structure that you set up to sell your products or services. You can sell any type of product or service from handmade jewellery to fresh produce or clothing.

Market stalls are one way for you to test your product with customers or expand your business. You’ll likely need some type of registration, licence, permit or insurance to run your stall. These are important to protect you and the investments you've made in your business.

Licences and permits

The type of licence or permit you need will depend on the industry in which you are operating. Examples of licences and permits include:

  • Temporary food stall licence
  • Footpath usage permit

You can find all the licences and permits you need for your business on the Australian Business Licence and Information Service (ABLIS).

Insurance

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 to help cover the cost of any legal action.

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

Established markets may offer insurance as part of the registration fee. If this applies to the market you want to sell at, make sure you understand what that insurance covers you for.

If you feel more comfortable, take out your own insurance in addition to the insurance on offer from the market. Make sure that your insurance package includes your set up and pack down time.

Understand your insurance options

Consider if you need:

  • public liability insurance
  • professional indemnity insurance
  • product liability insurance

Review the difference between the insurances to make sure you understand what you need and what you're covered for.

Regulations and requirements

Labels and measurements

If you sell 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, such as scales, that you use. Your legal requirements may differ depending on the type of product and quantity you sell.

Check the trade measurement laws to make sure you comply with the measurement requirements for your market stall product.

Product safety

You’re legally required to sell goods that are safe to use and free from defects that may cause injury. Our product safety rules and standards page provides information on product safety requirements and product laws in your state or territory.

Food market stalls

There are more legal requirements for market stall owners selling food or products for consumption.

Food safety standards

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.

To make sure you meet your obligations, familiarise yourself with the Code, in particular Food Safety Practices and General Requirements Standard 3.2.2.

Obligations can include how you manage:

  • 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.

We recommend that you contact the market organiser in advance, and find out what facilities and practices they have in place for food safety, such as:

  • where to find the closest bathroom
  • what kind of access you'll have to water at your stall
  • how to dispose of food scraps and food waste

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

State and territory food safety regulations

Food safety regulations can vary between states, territories and local councils. Become familiar with your local obligations so you’re certain that you comply:

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