Food Safety and Registered Premises
All businesses which sell food, including pre-packaged foods, are required to meet standards to enable the premises to be registered by the Food Act. Unless specifically exempted by Council, all food premises must have a Food Act Registration – this includes “temporary” food premises/food stalls.
Registration of food premises occurs annually. To register/obtain approval to operate, Council must satisfy itself that the legislated standards have been met in relation to:
- Food Safety Plan development
- A Food Safety Supervisor is available to the premises
- The premises complies structurally with the standards
- The cleanliness and maintenance of the premises is adequate
Temporary food stall approvals will normally be granted for specific events but can be sought for the calendar year. Notification (no fee) is required where a Premises registered by another Council wisheds to trade within this Municipality
Food Safety Plans for Premises must be lodged for Class 1 & 2 premises before the premises may operate. Class 3 food businesses are now not required to maintain a Food Safety Plan but must maintain simplified records dealing with relevant food safety aspects.
Food Safety Supervisor: is a title given to the qualified person at the premises who has prime responsibility for the day-to-day management of the food safety and food handling procedures. Use the link below to access the Food Safety Victoria web site or contact Council for further detail on Food Safety Plans and the Food Safety Supervisor requirements.
The Council Pamphlet “Update for Operators Brochure” gives further detail on Food Safety Plans and the Food Safety Supervisor.
Council has exempted temporary food premises/food stalls from the requirement to be registered – subject to obtaining an Approval to Operate, as issued by Council’s Environmental Health Officer. Only 3 styles of operation will be able to obtain an approval:
- Charitable and community organisations
- Operations based at and operating through registered food premises
- Operations fully contained on site, not requiring prior storage, preparation or manufacture at premises other than food premises.
For the purpose of the Food Act a food vehicle is a food premises. Food Vehicles require a single registration within Victoria and it is not necessary to obtain a Food Act registration from each municipality where the vehicle operates. The registration needs to be obtained from the Council where the vehicle mainly operates or where it is normally garaged.
Once construction/renovation of the premises has been completed in accordance with the earlier health office approved plans, an inspection by Council’s Environmental Health Officer will be conducted. Any areas that require additional work or finishing will be noted and a copy of this advice provided in a letter. If minor in nature, the Food Registration will be issued to allow business to commence trading.
Failure to register a food premises may result in a fine of up to $5000.
To legally operate the business, the registration of the Food Premises must be transferred from the name of the existing licensee to the name of the proposed purchaser. Before you purchase a food business you should:
- Check with Council’s Environmental Health Officer to determine registration requirements.
- Forward a 'Request Information Form' signed by the current proprietor to Council to identify their consent to the release of confidential information.
- Request a 'transfer inspection' of the property to ensure the premises complies with the requirements of the Food Act. This request should be in writing from your solicitor and will also need to be accompanied by a consent form signed by the existing proprietors to allow this confidential information to be disclosed.
- Request and lodge the transfer form and appropriate fee (50% of registration fee up to a maximum of $140).
Once works are complete and the Food Safety Plan has been deemed adequate, the premises may be registered in accordance with the Food Act 1984. Council will provide an appropriate registration form. The form must be completed and returned with the appropriate fee to Council’s Environmental Health Officer.
Council’s food premises registration fees are set by Council annually and are based on the Environmental Health Officer's risk classification of the business:
New Premises Fee 150% of renewal fee (except community groups)
Registration Renewal - Fee Class 1: Premises including Hospitals & Nursing Homes - $250 - waived for Council facility
- Fee Class 2a: Premises described as comprising hotels & similar licensed premises & restaurants, supermarkets with delicatessens, take away premises & larger cafés $380 .
- Fee Class 2b: Premises described as restaurant/cafés, cake shops, motels, B&B’s & guesthouses, bread baking premises, domestic premises offering a narrow range of products & school canteens $280
- Fee Class 3: Premises described as lower risk premises including those that supply or handle unpackaged low risk foods, or sale of pre-packaged potentially hazardous foods which simply need refrigeration to keep them safe above $120
Note
- Registration for less than 12 month period Pro rata per quarterly period – rounded up.
- Registration Transfer Fee 50 % up to a maximum of $140
- Registration fees for Class 2 Premises reduced by $120 where ‘proprietor elects to obtain independent audit report’ (in lieu of one of the Council inspections.)
Food Stall application – where premises is not Registered
- Single event $50
- Up to 4 events $75
- More than 4 events $80
- Fees waived when operator is a charity or community group.