A food business is deemed any person selling food or operating stalls or mobile vans used for selling food for human consumption, including any produce, fruit and vegetables or pre-packaged food, under the Food Act 2003 (NSW) (the Act). This includes not-for-profit organisations.
There are around 2,000 food businesses operating within our City. Types of food businesses include:
- Cafes and restaurants
- Supermarkets and convenience stores
- Delicatessens
- Takeaway outlets
- Mobile food vendors
- Temporary food stalls
- Home-based food businesses
- Child care centres and school canteens.
All food premises must be designed, constructed and operated in accordance with the following requirements:
- NSW Food Act 2003 (Food Act 2003 No 43 - NSW Legislation)
- NSW Food Regulation 2015 (Food Regulation 2015 - NSW Legislation)
- Food Standards Australia New Zealand (FSANZ) (Food Standards Code | Food Standards Australia New Zealand)
- Australian Standard 4674-2004
Unannounced inspections by Council are designed to assess compliance with the Food Act 2003 and food safety standards, including:
- Food safety practices and general requirements
- Food handling controls
- Health and hygiene procedures
- Cleanliness and sanitation of the premise, food contact surfaces and utensils
- Food temperature control
- Animals and pest management
- Adequate design, construction and maintenance of the premise and facilities
- Food labelling compliance
Council has an educational and regulatory role in enforcing food safety legislation. Council's Environmental Health Officers have a number of options when dealing with breaches of food safety legislation including verbal warnings, issuing penalty infringements (on-the-spot fines), forced closure of the business or legal proceedings.
The Name and Shame Register published by the NSW Food Authority details all penalty infringements and legal proceedings that have been issued by Councils.
Council participates in the 'Scores on Doors' hygiene and food safety program. The program enables consumers to make an informed choice about where to dine in Canterbury-Bankstown.
During routine food inspections, Council's Environmental Health Officers assess food businesses such as restaurants, cafes, bakeries and takeaways against a food safety checklist and assign a star rating reflecting their performance. Businesses achieving a five-star (excellent), four star (very good) or three star (good) hygiene and food safety rating are awarded a certificate that can be displayed.
* Please note: Scores on Doors certificates are only issued for the 'primary inspection', i.e the first unannounced inspection.
A fee is charged to the occupier for inspections in accordance with Council’s fees and charges schedule on Council’s fees and charges webpage.
All retail food businesses operating within the City of Canterbury Bankstown must register their details with Council and notify any changes to their business.
To register a new business or notify any changes (including new ownership of an existing business) please complete a (Food Premises Registration Form) and return to Council before commencing trade.
Retail butchers and wholesale food businesses must register with the NSW Food Authority.
A Food Safety Supervisor (FSS) is required under the Food Act when a food premises prepares and sells food that is:
- Ready to eat,
- Potentially hazardous, and
- Not sold and served in the supplier’s original package.
Food premises that fit the above criteria will be required to appoint a FSS. A copy of the Food Safety Supervisor certificate must be kept on the food premises at all times and produced for inspection on request by an Environmental Health Officer.
A person nominated to be the FSS must be able to supervise food handing in the business to ensure food safety practices are carried out, so they need to be regularly at the shop. The person nominated will be required obtain a Food Safety Supervisor Certificate from a registered training organisation approved by the NSW Food Authority. This certificate is valid for 5 years and renewal should be obtained prior to the certificate being expired.
Having a FSS does not negate the business owner’s responsibility to handle food safely. For more information regarding FSS, visit Food Safety Supervisors (FSS) | NSW Food Authority.
A home-based food business handles or stores food for sale from a residential premises.
The handling of food intended for sale includes all activities that may take place in relation to food including cooking, preserving, processing, preparing, packaging, storage and transportation. The sale of any food includes any gain to the business from providing the food, not just the direct exchange of money for food. ‘Food premises’ in the context of home-based businesses includes land and structures used jointly or in part as a private dwelling that are also used for handling food for sale. It includes food business activities in the business owners’ home or in another person’s house.
Starting a home based food business
It is important to know that a home-based food business must seek planning approval before you can commence any trading.
You need to consider the extent of your home that will be used for the business activity, the likely impacts, and whether the design, construction and fit out of your residence complies with the relevant health standards. If unsure, you should seek independent planning advice or refer to the Development Applications page on Councils website for more information.
The fit-out of all food premises, including a home-based food business, must comply with the requirements of:
- AS4674:2004 – Design, construction and fit-out of food premises
- NSW Food Regulation 2015 (Food Regulation 2015 - NSW Legislation)
- NSW Food Act 2003, and (Food Act 2003 No 43 - NSW Legislation)
- Food Standards Australia New Zealand (FSANZ) Food Standards Code | Food Standards Australia New Zealand)
A trade waste agreement with Sydney Water may be required before a grease trap can be installed in a residential zone.
Council does not have a 'certificate of business notification', as this is no longer required by the NSW Food Authority.
If you have been inspected by Council, the paperwork we provide you with i.e. an inspection report, demonstrates that your business is registered with Council.
If you are a new owner of a business, you must ensure you have registered your details with Council. This can be done by completing and returning the Food Premises Registration Form.
Under the Food Act, Council has a legal obligation to inspect food premises and enforce relevant food legislation. Our Environmental Health Officers conduct these inspections at least once per financial year. Additional inspections may occur if there are non-compliances noted during the inspection or when an issue is reported to Council or the NSW Food Authority.
Food businesses that showed continuous non-compliance or have received a Prohibition Order in the last 24 months may be subject to more food inspections per financial year to ensure ongoing compliance with the food legislation.
A person using a mobile food vehicle to store, prepare or sell food for human consumption, is deemed to be operating a ‘food business’ and is required to sell safe and suitable food in accordance with the provisions of the NSW Food Act 2003, Food Regulation 2015 and the Australian New Zealand Food Standards Code.
Operating a Mobile Food Vehicle on Private Land
There are two ways to operate a mobile food business within the Canterbury Bankstown Local Government Area on private land. Each avenue has its own requirements that will need to be met in order to operate lawfully.
- Operate under the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP Exempt). You will not be required to obtain Development Consent from Council.
OR
- Apply for and obtain Development Consent before commencing the use the mobile food vehicle.
To operate under the SEPP , the mobile food vehicle must satisfy all development standards in Subdivision 27A- Mobile food and drink outlets of the SEPP and be registered with Council by completing the Mobile Food and Drink Business Registration Form
If you do not comply with any of these standards, you must obtain development consent from Council before operating your mobile food business.
Operating a Mobile Food Vehicle on Public Land/Roads – Section 68 Approval
Approval in accordance with Section 68 of the Local Government Act 1993 must be sought from Council before operating a mobile food vehicle on public land/roads. A Section 68 Approval is only issued for Mobile Food Vehicles selling pre-packaged food and drinks.
If you wish to obtain approval to operate on Council-owned roads within the Canterbury Bankstown Local Government Area, please complete the ‘mobile food vending vehicle application form’ and return to council together with;
- Service NSW Vehicle Registration (as proof of registration);
- Certificate of Currency for Third Party Property Damage Insurance to the minimum value of $20,000,000; and
- Certificate of Currency for Public and Product Liability Insurance to the minimum value of $20,000,000
Following your application, Council’s Environmental Health Officer’s will undertake an inspection of the mobile food vehicle to ensure compliance with the NSW Food Authority’s ‘Guidelines for Mobile Food Vending Vehicles’ and the Food Standards Code 3.2.3.
Approvals are valid for no more than twelve (12) months and must be renewed annually.
Please see Council’s Policy on Mobile Food Vending Vehicles and fact sheet for more information.
A fee is charged for all inspections in accordance with Council’s fees and charges schedule on Council’s Website Fees and Charges.
Yes. However, you must have permission from the owner of the land and have registered your food business with the Council. The operation must comply with the State Environmental Planning Policy (Exempt and Complying Development Code) 2008 (SEPP Exempt) unless Development Consent has been obtained.
No. Seating is not allowed for mobile food vehicles.
Yes. Mobile food vehicles are inspected by Council’s Environmental Health Officers.
Development consent is required to use a home for food business purposes. A development application will need to be submitted to Council.
It must have either prior development consent for the mobile food vehicle (which is separate from any other consent for the use of the premises) or comply with all applicable development standards in SEPP Exempt.
Mobile food vendors must register with their local council. Where trading might occur across a number of Local Government Areas, the mobile food vendor must register with their local Council where the vehicle is garaged and each council they will be operating in.
The NSW Food Authority has developed a range of food safety resources to assist in educating food businesses and consumers.
To further assist food businesses in complying with food safety requirements, Council's Environmental Health Officers conduct free food handling training in various languages.
For more information, contact