Food businesses

Overview

Any business that sells food or drink must be registered with Council and follow regulations to ensure that the food they sell is safe to eat.

Under the Victorian Food Act 1984 you must register the premises where your food is prepared for sale (or provided as part of a service).

This includes:

  • cafes
  • restaurants
  • domestic kitchens
  • mobile food vehicles
  • food stalls
  • grocers
  • supermarkets
  • child care centres
  • aged care facilities
  • similar businesses

So you want to run a food business?(PDF, 244KB)

Guidelines for new and transferring food businesses(PDF, 2MB)

Classifications and requirements

Food businesses are classified depending on the type of food sold. The category each business falls into determines the level of regulation and requirements imposed on the business.

Class 1 Premises

Businesses that handle food that may be potentially hazardous, and/or is served to vulnerable groups. These food premises are deemed to have the highest risk. Examples include: hospitals, aged care facilities and child care centres.

Requirements

  • Council registration
  • Annual Council inspection
  • Annual 3rd party audit
  • Food safety supervisor
  • Food safety program

Class 2 Premises

Businesses whose main activity is handling unpackaged, potentially hazardous foods which need correct temperature control to keep them safe, or businesses that produce low risk food for which an allergen claim is made. Examples include restaurants, caterers, cafes and most manufacturers.

Requirements

  • Council registration
  • Annual Council inspection
  • Food safety supervisor
  • Food safety program (high risk premises)

Class 3A Premises

Businesses that prepare and / or cook food for accommodation getaway premises or businesses that use a hot-fill process to make products including relish, chutney or sauce.

Requirements

  • Council registration
  • Annual Council inspection

Class 3 Premises

Businesses whose main activity involves the handling or sale of unpackaged low-risk foods, or pre-packaged potentially hazardous foods that are not commonly associated with food poisoning. Examples include milk bars, convenience stores, wholesalers and water carters.

Requirements

  • Council registration
  • Annual Council inspection

Class 4 Premises

Businesses that pose a low risk to public health. Generally, this includes the sale of pre-packaged shelf-stable foods. Examples include uncut fruit and vegetables, bottle shops, simple sausage sizzles, wine tasting, packaged alchol, low risk food at a kindergarten session.

Requirement

  • Notify Council

Food safety programs and templates

In Victoria, all class 1 and most class 2 food premises need a food safety program.

A food safety program (FSP) is a written plan that shows what a business does to ensure that the food it sells is safe for people to eat. It is an important tool to help businesses safely handle, process or sell potentially hazardous foods and maintain safe food handling practices to protect public health.

There are two types of FSP:

  • Non-standard (independent) food safety program: This type of FSP is written by a business to cover all their food processes and it’s adequacy is determined by a food safety auditor (for more information go to the Food safety audits page). A non-standard food safety program is sometimes referred to as an independent FSP.
  • Standard (registered) food safety program: This type of FSP is usually written by a template developer, or a business, and is assessed by a technical review panel for its adequacy. The department can then be asked to register the FSP. The department generally only does this for franchises with more than 20 premises in Victoria. A standard food safety program is sometimes referred to as a registered FSP.

The Health Department has created and registered a standard FSP template for use by food retail and food service businesses. The department’s template covers the most common high-risk and potentially hazardous food processes, and is available, if suitable to the business’ activities, to use for free. The template is available from FoodSmart.

Class 1

Must complete and submit a Food Safety Program to Council.

Class 2

No food safety program is required unless the following activities are undertaken:

  • sous vide cooking
  • acidified or fermented food
  • ready to eat food containing raw egg or raw meat
  • off-site catering
  • pasteurisation or cryovac packaging
  • potentially hazardous food which does not involve temperature control

Class 3

No food safety program is required.

Class 4

No food safety program is required.

Find more information about Food Safety Programs at the Department of Health website.

Food safety supervisors

Everyone who works in a food business is responsible for ensuring that the food they sell or prepare for sale is safe for people to eat. Business proprietors of a food premises must ensure that food safety processes are put in place and that they work.

The business owner may nominate a food safety supervisor to work under the owner’s direction. The food safety supervisor’s role is to supervise food handing in the business and to make sure it’s done safely.

All staff handling food need to have the skills and knowledge relevant to their tasks. The means that different people in the business will need to know different things. For example, the cook will need different skills and knowledge than those required by a dishwasher or front-of-house staff.

A food safety supervisor is a person who:

  • knows how to recognise, prevent and alleviate the hazards associated with food handling at your premises
  • has met an appropriate food safety competency standard for your type of food premises through a registered training organisation
  • has the ability and authority to supervise other people handling food at your premises and ensure that food handling is done safely

A food safety supervisor must have completed recognised training, and you must submit their Statement of Attainment to council when registering your food business. The training must meet the Minimum Competency Standards.

To find more information about food safety supervisors where to get training visit the Health Department website. 

Class 1

Must ensure there is a food safety supervisor for the premises. 

The food safety supervisor must hold a food safety supervisor certificate that has been issued within the immediately preceding period of five years.  They must also have the authority and ability to manage and give direction on safe handling of food.

Class 2

Must ensure there is a food safety supervisor for the premises.

The food safety supervisor must hold a food safety supervisor certificate that has been issued within the immediately preceding period of five years. They must also have the authority and ability to manage and give direction on safe handling of food.

Class 3

Do not need to have a food safety supervisor. However, must ensure that all staff working at the premises have skills and knowledge to safely handle food in their premises. Class 3 businesses are encouraged to complete food safety leaning programs such as DoFoodSafely.

Class 4

Do not need to have a food safety supervisor. However, must ensure that all staff working at the premises have skills and knowledge to safely handle food in their premises. Class 4 businesses are encouraged to complete food safety leaning programs such as DoFoodSafely.

Food safety training

Class 1 

We recommend that all staff members undertake accredited food handlers training. Training is available at local Registered Training Organisations (RTOs) but also online at the Food Safety Australia website.

Before engaging in food handling, an employee must have:

  1. completed a food safety training course; or
  2. skills and knowledge of food safety and hygiene matters commensurate with that specific prescribed activity.

Businesses can choose how food handlers are trained; they may use:

  • free online food safety training programs, such as DoFoodSafely, which is supported and recognised by regulatory agencies/health departments across Australia
  • courses from vocational training providers, or training developed by the business or other food businesses where the employee worked previously
  • internal training tailored to suit the business’s own activities and procedures, but it must cover safe handling of food, understanding of food contamination, cleaning and sanitising of food premises and equipment, and personal hygiene.

Businesses may choose to keep a record of the training food handlers have completed. This will enable them to be sure everyone has completed the training they need and easily demonstrate to an authorised officer that they have met the requirements of this clause.

Please note that all registered Class 1 food businesses must also have at least one qualified Food Safety Supervisor.

Class 2

We recommend that all staff members undertake accredited food handlers training. Training is available at local Registered Training Organisations (RTOs) but also online at the Food Safety Australia website.

Before engaging in food handling, an employee must have:

  1. completed a food safety training course;
  2. or skills and knowledge of food safety and hygiene matters commensurate with that specific prescribed activity.

Businesses can choose how food handlers are trained; they may use:

  • free online food safety training programs, such as DoFoodSafely, which is supported and recognised by regulatory agencies/health departments across Australia
  • courses from vocational training providers, or training developed by the business or other food businesses where the employee worked previously
  • internal training tailored to suit the business’s own activities and procedures, but it must cover safe handling of food, understanding of food contamination, cleaning and sanitising of food premises and equipment, and personal hygiene.

Businesses may choose to keep a record of the training food handlers have completed. This will enable them to be sure everyone has completed the training they need and easily demonstrate to an authorised officer that they have met the requirements of this clause.

Please note that all registered Class 2 food businesses must also have at least one qualified Food Safety Supervisor.

Class 3

The Department of Health offers a free online food safety training program called DoFoodSafely. We urge all food handlers to use this training.

Class 4

The Department of Health offers a free online food safety training program called DoFoodSafely. We urge all food handlers to use this training.

Labelling

Food labels provide a range of information. Shoppers read food labels for many reasons including allergies, intolerance to a food or food additive and reducing fat intake.

The Australia and New Zealand Food Standards Code sets out food labelling rules to help us make informed and healthy choices about the food we buy.

The Guide to the Labelling of Packaged Food for Retail Sale helps small businesses prepare basic food labels. Before printing labels, you should get advice from Council’s Environmental Health Officers on specific labelling requirements for your product.

This will avoid costly mistakes, including the risk of being prosecuted for not meeting food labelling requirements.

For more information visit

 

Register your food business 

Are you starting a new business or changing an existing business?

To avoid costly mistakes, allow our expert team to guide you through the necessary permits for launching your business successfully.

Explore our dedicated page for starting, expanding, or buying a business and complete our concierge questionnaire. Our team will promptly assist you, walking you through the essential processes and permits vital for kickstarting your new venture.

 

The Food Act 1984 requires all businesses that handle, prepare, package, store, serve, supply and repackage food to be registered with their local council.

Registering your food business

Class 1, 2, 3 or 3A premises

Register a new food business

Class 4 premises

Notification for a new food business

Buying an existing food business

Before you purchase a food business you should:

  1. check with Council’s Public Health Unit to determine if the business has current Food Act registration with Council;
  2. request a pre-transfer inspection of the business (seven working days notice is required).
  3. If you wish to make any structural changes to the food premises, you need to submit a new food premises submission form to the Public Health Unit for approval prior to the commencement of any works.

Pre-transfer inspection

A pre-transfer inspection of an existing food business must occur before any lease agreement or business contract is signed.

Once a Council environmental health officer has conducted the inspection, they will issue you with a report that will identify any works required to ensure the business complies with national food safety standards. The current proprietors will also be provided with a copy of the inspection report.

Items identified in the pre-transfer inspection should be completed prior to the transfer of registration being processed by Council. The current proprietor and purchaser can negotiate who will take responsibility for undertaking necessary works.

Starting a home-based food business

A domestic kitchen registration is available for businesses where food is prepared, handled or stored for sale at events or markets from a private dwelling.

All registered domestic kitchens should be designed appropriately for the nature and quantities of foods produced and are only suitable for small amounts of foods.

The design and construction of the domestic kitchen must comply with the following:

  • Food Act (Vic) 1984 including National Food Safety Standard 3.2.3
  • Australian Standard 4674-2004, design, construction and fit out of food premises
  • Lower Murray Water Trade Waste Agreement OR Swan Hill Rural City Council Approval to Use Septic tank if sewer is not available.

The fit out requirements to register a domestic kitchen include, but are not limited to:

  • Separate hand wash basin with warm running water for hand washing
  • Separate sink for food preparation
  • Dishwasher
  • Separate and adequate storage area for the storage of food
  • Durable, smooth, impervious and easy to clean surfaces for benches, floor etc.
  • Adequate ventilation
  • A separate drain for the disposal of wastewater
  • Adequate pest proofing of the premises
  • A food grade sanitiser
  • A digital probe thermometer

Renewing your food business registration

Food business operators are required to renew their registration annually. You will receive a renewal notice along with clear instructions on the renewal process.

We do not send renewal notices for Class 4 food premises registrations, as they do not need to be renewed.

 

Temporary and mobile food businesses (including community groups)

Different registration requirements apply to community groups and businesses that sell food from mobile setups such as stalls, trucks, vans, or carts.

FoodTrader is a state-wide single registration system specifically designed for temporary and mobile food businesses, food vending machines and water transport vehicles that want to operate across more than one municipality. FoodTrader will support temporary and mobile food businesses with registration applications, and lodging notification and statement of trade documents with the relevant council.

It is important to note that FoodTrader cannot be used for the registration of fixed food premises, this must be done directly with Council.

Who uses FoodTrader?

  • Temporary food business - this includes community groups or businesses that conduct the activity within stalls, tents or other temporary structures at markets, festivals, fetes and other short-term events.
  • Mobile food businesses - a vehicle that moves site to site such as vans, trailers and carts from which food is sold.
  • Food vending machines - these are treated like a food premises. The owner must register each vending machine, not the premises where it is located.
  • Water transport vehicles - vehicles that are used to transport water for human consumption or that is used to prepare food, make ice for consumption, or preserve unpackaged foods.

More information or to register your business visit FoodTrader.

 

Roadside or vehicle trading

If you intend to sell goods or offer services on a road or from a property or public place adjacent to a road you will also need a Mobile Food Trading Permit

Private drinking water carters

All water transport vehicles operating in Victoria require Food Act registration or notification through FoodTrader.

FoodTrader is a state-wide single registration system specifically designed for temporary and mobile food businesses, food vending machines and water transport vehicles that want to operate across more than one municipality. FoodTrader will support temporary and mobile food businesses with registration applications, and lodging notification and statement of trade documents with the relevant council.

Private drinking water carters must:

Guide for water carting businesses(PDF, 443KB)

 

Complaints about food businesses

To make a complaint about a food business in our municipality, please see our Public Health information.