Food Businesses

Registration Under the Food Act 1984 (VIC)

 
Council is responsible for registering and inspecting a wide range of food businesses that operate in the Hindmarsh Shire.
 
If you are considering starting a food business, e.g. home based kitchen/business or café, we recommend you contact Environmental Health (details below) to discuss your registration requirements.
 
Council recommends any new businesses undergo a ‘Plans Approval Process’. This is where a council officer comes to your premises (by appointment) and takes you through a step-by-step approval process to assist you to meet relevant standards for design and construction of your premises, e.g. recommended basins, benchtops, etc.
 
Proposed business owners are then required to submit the layout of the plans including location of all fixtures, equipment and furniture. (Please Note: This is not a legislative requirement but highly recommended to avoid any non-compliance later on).
 
If you design and construct a food premise without going through the Plans Approval Process, registration may not be granted (where the construction does not meet the relevant standards).
 
For more information, please contact Environmental Health on (03) 5391 4444 or email eho@hindmarsh.vic.gov.au. 

Food Business Classification

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. Below are each of the categories:
 
Class 1 Premises
Businesses that predominantly handle potentially hazardous food that is served to vulnerable groups. Examples include hospitals, aged care facilities and childcare centres. The business requires a food safety program to be written specifically for the business and a food safety supervisor for the site 
 
Class 2 Premises
Businesses whose main activity is handling unpackaged potentially hazardous foods which need correct temperature control to keep them safe. Examples include restaurants, caterers, cafes and most manufacturers. The business require a standard food safety program to be maintained and a food safety supervisor for the site.
 
Class 3 Premises
Businesses whose main activity involves the handling or sale of unpackaged low-risk foods or pre-packaged potentially hazardous foods not commonly associated with food poisoning. Examples include milk bars, convenience stores, wholesalers and water carters. The business requires only minimum records to be kept.
 
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. The business does not generally require records to be kept, these businesses are encouraged to be registered on the state wide Streatrader system.
 
Council determine which class the food premises fits into, based on the food safety risks of its highest risk food-handling activity. Therefore, different businesses with the same owner or different premises belonging to the same franchise chain may be classed differently. One business, franchise or chain may need a food safety supervisor, and another may not.

Food Safety

Under the Food Act 1984 (Vic) ('The Act'), all food business owners (and community groups who sell food) are legally responsible to ensure food sold or prepared for sale is safe to eat.

Hindmarsh Shire Council is responsible for protecting the health of the community. All food businesses are required to be registered with their local Council.

'The Act' also requires food premises to comply with the Food Standards Code Australia New Zealand (FSANZ).

It is a criminal offence under the Food Act to handle or sell food that does not comply with any requirement set out in the Code. The Food Act also includes offences involving the handling or sale of unsafe or unsuitable food and false descriptions of food. It is also an offence to sell food that is damaged, has deteriorated or perished, is adulterated, or unfit for human consumption. More information about this can be found on the Victorian Department of Health website here.

This means that it is not only the business owner or proprietor who is responsible for food safety in the business, all staff that handle and prepare food for sale to consumers are responsible for food safety.

Without compromising food safety, 'The Act' is designed to impose only reasonable compliance costs on businesses and community groups that sell food. It does this through matching the level of regulation to the level of risk of different food business activities. Some of the activities that Environmental Health Officers undertake to monitor the safety of food prepared and sold in Hindmarsh Shire include:

  • Plan approval for new food premises and existing food premises which are undergoing renovations
  • Inspecting food premises to ensure food is being stored, prepared and sold in a safe manner
  • Conducting food safety program compliance checks
  • Investigating food-related complaints and incidents of illnesses associated with food
  • Collecting samples of different foods for analysis to confirm the safety of the products
  • Following up on food recalls to ensure affected products have been removed from sale to the public
  • Ensuring foods are correctly labelled in accordance with the Food Standards Code


Related Documents:
Food Safety Management Policy(PDF, 249KB)
Food Sampling Procedure(PDF, 162KB)
Assessment of Food Premises Procedure(PDF, 153KB)

Register my Food Business

To register your Food Business, you will need to complete the following registration form:

Application to Register a Food Premises (PRINT)(PDF, 471KB)
Application to Register a Food Premises (FILLABLE)(PDF, 642KB)

Prior to granting registration as required under the Food Act 1984, The Environmental Health Unit must be satisfied that;
  • A copy of a plan layout and specifications of the proposed business must be submitted with the application form;
  • The floor plan must include the location of all fixtures, equipment and furniture;
  • Specifications of various materials to be used on floors, walls, ceilings, benches, and shelves must be included in the plan;
  • Submit a comprehensive list of food to be made and sold from the premises;
What happens after your apply?

After assessing your plans, a written report will be sent to you identifying:

  • any non-compliant items
  • any details that requires clarification or more information
  • any additional costs that may be incurred, and
  • options and suggestions that may resolve any issues
Progress and Final Inspection of the Food Premises

Once you received a confirmation letter from the Council, you will need to contact the Council’s Environmental Health Officer to arrange for on-site inspection to ensure that the construction and fit-out is completed satisfactorily and in accordance with the food safety standards.

Please contact Council at least 5 business days prior to the inspection to allow for appointment scheduling.

Temporary and Mobile Food Businesses

Streatrader

Streatrader is the online system used to manage the state wide registration of temporary and mobile food (temporary food premises). Implemented in July 2011, Streatrader is a recognised system to assist:

  • in the monitoring of mobile and temporary food premises operating throughout Victoria.
  • business owners and community groups to have a central registration for mobile and temporary food premises (mobile food) and simplify the application process when trading in any Victorian municipality.

Any Notifications and Statements of Trade must be completed and lodged online through the Streatrader website.

Who uses Streatrader?
  • 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, selling food. Such as mobile vans and carts.
  • 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 or consumption, or preserve unpackaged foods. These are usually treated as mobile food premises.
Create a login for Streatrader

Create a Streatrader login by visiting Streatrader at https://streatrader.health.vic.gov.au/.

Once you have received your Username and Password details you can then log into Streatrader.

Mobile Food Business Operating on Council Property Policy

Mobile Food Business Operating on Council Property Policy(PDF, 328KB)

The purpose of this policy is to:

  • Provide the framework for appropriate planning and resources to be directed at ensuring that food sold by mobile food businesses in the Hindmarsh Shire Council is safe and suitable for consumption;
  • Provide a mechanism to manage the applications/requests from mobile food businesses on the land owned or managed by the Council while ensuring the safety and amenity of the Council’s roads, streets, parks and public spaces.
Back to top