All food retailers are required to register with us and comply with certain legislation and codes.
Food businesses are defined under the NSW Food Act 2003.
The definition includes any business, enterprise or activity of a commercial, charitable or community nature involving the handling or sale of food.
This includes single-occasion events.
All retail food businesses must notify us and register their intention to trade.
Notification is required for:
- All new food businesses
- All new food business owners
- Any change to the food business’ details
New owners should ensure they have appropriate development consent to operate a food business.
If your shop was previously approved for use as a food business, then the consent still applies. If not, a development application is required for the change of use and for any building alterations.
Any mechanical exhaust ventilation system or non-structural internal alterations to an existing food business or a new food business covered by a previous consent can be undertaken as a complying development.
The NSW Food Authority Guidelines for Starting a Business may also help.
All food premises must be designed, constructed and operated in accordance with:
- NSW Food Act 2003
- NSW Food Regulation 2015
- Food Standards Australia New Zealand (FSANZ) code
- Australian Standard 4674-2004
A Trade Waste Agreement and approval may also be required for your food business. For example, if you have a grease trap. For more information, contact Sydney Water.
A Food Safety Supervisor (FSS) is required under the Food Act when food premises prepare and sell food that is:
- Ready to eat
- Potentially hazardous
- Not sold and served in the supplier’s original packaging.
Most restaurants, cafes, takeaway shops, bakeries, pubs, clubs and caterers require a FSS. Each outlet requires a separate FSS.
The FSS must ensure food safety practices are carried out, so they must be at the shop on a regular basis.
If the FSS leaves the business, the business owner must appoint a new FSS within 30 days and provide their details (name, phone number and FSS Certificate number) to us.
Even after a FSS is appointed, the business owner is still responsible for food safety.
More information regarding the FSS is available from the NSW Food Authority.
Our Environmental Health Officers carry out unannounced inspections of all registered food premises at least once a year.
A fee is charged for this inspection.
Additional inspections will be carried out if compliance is not achieved or when an issue is reported to Council or the NSW Food Authority.
Routine inspections are also conducted on temporary and home-based food businesses.
All illness suspected to be food-related should be reported to the NSW Food Authority (1300 552 406) or via their website.