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Food safety

Council works with the NSW Food Authority to verify compliance with the Food Standards Code and the Food Act 2003.

In practice, this means Council maintains a register of most food businesses in the Local Government Area (LGA) and inspect these on a regular basis. Council’s Environmental Health Officers also investigate food contamination or unclean food premises complaints.

Register a permanent food business

Food businesses which sell or provide food direct to the public need to register with Council using the Food Premises New Business or Change of Ownership Application form (allow 10 business days for processing). This is irrespective of whether the food is sold fresh (e.g. at a café) or packaged (e.g. a packet of chocolate at a corner store).

This includes cafes, restaurants, takeaways, childcare centres, caterers, home-based caterers, food trucks and stalls with permanent locations, and shops such as bakeries, delicatessens, corner stores, cinemas and chemists. These types of businesses are typically referred to as ‘retail food businesses’.

Some food businesses need to register with the Food Authority instead of Council:

• Food businesses which sell or provide direct to the public who are considered vulnerable, need a licence from the Food Authority. This includes hospitals and aged-care facilities.
• Food businesses which do not sell direct to the public, need to register with the Food Authority. This includes businesses such as food manufacturers or wholesalers, importers and caterers or home-based producers who supply other food businesses.

Register a temporary food business

Food businesses which sell or provide food direct to the public at a temporary location need to register with Council using the Temporary/Mobile Food Application form (allow 10 business days for processing). This is irrespective of whether the food is sold fresh or packaged.

This includes food businesses at a single, temporary location, whether that be at a local fair, market or Council public event. Some charity activities are exempt – refer to the Food Authority website.

There is a fee to apply for a temporary food business. There may be an additional fee if the temporary food business is subject to a food inspection. Refer to Council’s Pricing Policy for current fees and charges.

Note this registration only pertains to the service of food within the Waverley LGA for a single financial year period.

Home-based food business

Home-based food businesses such as bed & breakfasts and family daycare need to register as a food business with Council (see above).

However, in order to successfully register, the home business must be able to demonstrate it has an approved Development Application (sometimes called ‘conditions of consent’) or Complying Development Certificate to conduct the activity.

This in turn would have been contingent on the kitchen meeting Australian Standard AS 4674-2004 Design, construction and fit-out of food premises, which likely would have included at least a partial renovation.

When considering starting a home-based food business, it is prudent to obtain a Planning Certificate to check if home business is permitted in the zoning for the site. For an apartment, it’s also important to check with the strata bylaws.

Fitting out a food business

To start a new food business such as a café or restaurant, generally a Development Application will be required.

The design, construction, and fit-out of all food premises must comply with the Food Standards Code Chapter 3.2.3. The Waverley Council Policy for Fit-out and Construction of Food Premises provides a clear and concise guide on how a food business can be fitted out to ensure that it complies.

The Australian Standard AS 4674-2004 Design, construction and fit-out of food premises also applies.

Inspections

All food businesses registered with Council are inspected at least annually by a Council Environmental Health Officer. Council can also inspect a food business which is not properly registered.

There is a fee for an inspection which is charged after the inspection is complete – refer to Council’s Pricing Policy for current fees and charges. If a re-inspection is required due to a food safety issue, the fee will be payable again.

Inspections are done randomly and without warning.

If a food business is not part of the Council registration system e.g. food wholesalers, they will be inspected by the Food Authority directly.

Free food safety training

Waverley Council provides free online training courses for local food operators and their staff. The Environmental Health Australia I’m Alert training platform includes over 20 micro-courses which can be completed at any time.

Food Authority resources

• Allergies and intolerances
• Cafes, restaurants and retail outlets
• Children’s services
• Factsheets, guides and policies
• Markets and temporary events
• School canteens
• Seafood retailers