Stallholders' samples. When a stallholder hands your guest a taste, it's their product, and a claim about something wrong with it is likely to point at their products liability. If you run a regular route, ask the stallholders you visit whether they hold public and products liability. It's a short conversation, and it tells you whose policy a claim should go to.
Food you supply. Once your guide buys food and shares it, or you pack a tasting bag, you're the supplier as far as your guest is concerned. At least one specialist tour operator wording we place treats food and drink you supply as a product under products liability. Illness from a notifiable or communicable disease can still be excluded, so check with the underwriter rather than assume. Salmonellosis, listeriosis, campylobacteriosis, STEC and hepatitis A are on the national notifiable disease list. States keep their own lists too, and the communicable disease exclusion doesn't depend on any list.
Allergens at a stall. Market food is a mix of packaged and unpackaged. Packaged jars and loaves must declare allergens in bold using set names, with a separate "contains" statement, under the plain English allergen labelling rules in force since 25 February 2024. For unpackaged samples, Food Standards Australia New Zealand says the declarations must be displayed with the food or provided to the purchaser on request. Brief your guide to ask before a guest with a declared allergy tastes anything, and to skip the stall if the stallholder can't answer. See food and alcohol on tours.
The market's rules. A market is someone else's event, and it may sit on council or private land. Before you bring groups, ask the market operator whether commercial tours are allowed, what group sizes suit the aisles, and whether they want to see your certificate of currency or be noted on it. If they ask you to sign an agreement that releases them from liability, send it to us first so we can check how it sits with your insurance, and have your lawyer review the contract. Waiving recovery rights without the insurer's consent can remove cover on the tour operator policies we arrange. Our public liability guide has more on what the policy covers and where it stops.