Food Safety

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, is deemed a 'food business' under the Food Act 2003 (NSW) (the Act).

This includes not-for-profit organisations. In addition to your typical restaurant and takeaway shop, the following may also be a food business if they sell food: home industries, chemists, cinemas, corner stores, food transporters, caterers, video shops, petrol stations, public swimming pools and sport facilities, as well as food sellers at temporary events such as festivals, fairs, markets and fetes.

The sale of food includes where food is provided as part of a service, is covered by an entry fee, offered as a prize or reward, or where samples are offered to promote a product.

Food safety in NSW is legislated under the Food Act 2003 and the Food Regulation 2010 which require compliance with the Food Standards Code, including the Food Safety Standards developed by Food Standards Australia New Zealand (FSANZ).

Visit the FSANZ for information and to see the Food Safety Standards.

There are certain requirements for premises to be used for preparation or sale of food.  See, for example, Australian Standard 4674-2004 Construction and Fitout of Food Premises (available for purchase from Standards Australia).

Applying to Council for permission to construct or fit out food premises? You can use Council’s checklist  which lists the type of information that will need to be submitted with your application.

All retail food businesses operating in the Edward River Council local government area must be registered with Council, and all medium and high risk premises selling potentially hazardous foods are subject to routine health and hygiene inspections. Food premises are responsible for ensuring Council has current information and contact details for their food business.

To notify us of a new food business or a change of proprietor at an existing food business, please complete a Registration of Food Premises form.

Notification of food details to Council is important so that Council can:

• Contact you in the event of any food safety emergencies, such as food recalls
• Help keep you informed about legislation changes and compliance requirements
• Keep track of how many and what type of food business there are
• Determine the risk classification of each business

Most food businesses in NSW are required by law to appoint at least one trained Food Safety Supervisor and penalties may apply if your business does not comply with the requirements.  For more information visit the Food Safety Supervisor section of the NSW Food Authority website.

A copy of the Food Safety Supervisor certificate must be kept on the food premises at all times and available for inspection if Council or the NSW Food Authority Environmental Health Officers ask to see it.  There must be at least one Food Safety Supervisor for each food premises and this person cannot be a Food Safety Supervisor for more than one premises.  If a person or company operates multiple outlets, a Food Safety Supervisor will be required for each outlet.  The Food Safety Supervisor must be trained by a Registered Training Organisation approved by the NSW Food Authority.  Not all training organisations that run food hygiene courses are approved by the NSW Food Authority to issue a Food Safety Supervisor certificates.  

See the list of approved training organisations for Food Safety Supervisors.  Refresher training is required every five years.

To register, complete a Local Activity Application (Form 16)(PDF, 210KB) for a Mobile Food Vending Vehicle.Council will contact you to arrange an inspection of your vehicle. Read the NSW Food Authority’s – Mobile Food Vending Vehicles (operation, construction and food handling guidelines) for more information.

Council’s Environmental Health team regularly inspects food businesses at festivals, markets and other events. For the health of our community, Council requires all temporary food businesses operating at events in the Edward River community to comply with NSW Food Authority requirements. Operators should follow the NSW Food Authority’s Food Handling Guidelines for Temporary Events.

See the NSW Food Authority fact sheets on a range of topics including:

• Cleaning and sanitising
• Labelling
• Pest control
• Temperature control
• Using eggs safely

See the Food Standards Australia NZ fact sheets on a range of topics including:

• Food handling skills and knowledge
• Health and hygiene
• Receiving food safely
• Thermometer use
• Food Safety Information Council food safety tips

Other useful food safety links:

• NSW Food Act 2003

• Food Standards Australia New Zealand – The primary role of the Food Standards Australia New Zealand is, in association with others, to protect the health and safety of people in Australia and New Zealand through the maintenance of a safe food supply.

• Food Safety Information Council – a nonprofit group with representatives of State and Federal governments, food industry and professional associations.  Membership is open to any organisation with an interest in promoting safe food handling practices for consumers.