Operating a Food Business

Under the Food Act 1984, most businesses that serve food need to register with Council, and all businesses serving food must comply with the Act and the Australian and New Zealand Food Standards Code. 

Food businesses are classified according to the level of risk associated with the food they are serving. The riskier the food being served, the stricter the requirements are when serving it. 

Registration processes for food businesses

New business

Step 1.Submit your plans to Council

An Application for a Food Act premises(PDF, 258KB) form should  be submitted to Council along with a copy of your floor plan. Your submission should:

  • Show every part of the food premises, including the location of all fixtures, equipment and furniture.
  • Specify the materials in the area to be used for flooring, walls and ceilings
  • Provide a description of what types of food are going to be prepared or stored, and who they are going to be served to.

An Environmental Health Officer will assess your submission and notify you of any works you need to undertake for the premises to be allowed to open.

Step 2.Inspections

The Environmental Health Officer who reviews your application will contact you to arrange an inspection of the premises. Please allow up to 10 business days after submitting your application and plans for a health officer to contact you.

Step 3.Complete your registration form

Once you have received permission to open a food premises, a separate form for registration must be completed and returned to Council with the appropriate fee. This registration form will be provided to the applicant once the Environmental Health Officer is satisfied that the premises has met the applicable requirements.

Step 4.Meet food safety requirements

A food safety program will need to be implemented for all class 1 and for most class 2 premises. You can access a template for food safety programs by visiting FoodSmart.

If your business is classified as a class 1, 2 or 3A premises, you are required to have a food safety supervisor under the Act. 

Step 5.Assessment

We will review your submission to ensure it complies with the requirements of the Food Act.

Depending on your risk classification and type of food handled, processed and sold, you may need to submit a Food Safety Program to Council.

Depending on your business's food classification, you may need to submit a Food Safety Supervisor Certificate to Council.

Once your application has been assessed by an Environmental Health Officer, we will notify you of whether your application can proceed to a final inspection of the premises.

Step 6.Final inspection and registration

An Environmental Health Officer needs to complete a final inspection of your premises to ensure your food business is compliant before you can operate. 

At the final inspection, we will assess whether your premises according to the standards in the Food Act and Food Standard Code. We will also check whether you have the required food preparation and cleaning equipment to operate your business safely.

If your final inspection is satisfactory, the Environmental Health Officer will provide you with a registration form. You will need to fill this out and pay the registration fee to Council in order to be issued with a Certificate of Food Act Registration.

Step 7.Annual Renewals

All registered food businesses will receive an annual assessment and will need to renew their registration annually.

The registration period is between January 1st – December 31st each year.

Renewals will be mailed out mid-November and must be paid before 31st December. 

Transfer ownership

Step 1.Arrange a pre-purchase inspection

We recommend that potential new owners request a pre-purchase inspection(PDF, 200KB) of the food premises they are wishing to buy prior to settlement. This is not mandatory, but is highly encouraged by Council. 

These inspections are carried out by our Environmental Health Officers and can give you valuable information about the standard of the premises and its level of compliance with the Food Act and other regulations. 

There is a fee of $580 for a pre-purchase inspection and report, and the signed consent of the current owner of the business is required on the application form. 

Step 2.Submit food premises plans for assessment 

Any renovations or structural changes to a food business will require you to submit new floor plans of the premises to the Environmental Health Unit. Fit outs will also generally require you to apply for a building permit

Step 3.Apply for food business registration

If you are taking over ownership of a food business, please contact our team to obtain a new proprietor/existing premises form to allow for the transfer of the business' registration.  Prior to settlement, the new owner must provide:

  • A completed New Proprietor/Existing Premises application form along with the relevant application fee.
  • A copy of the Food Safety Program for the business (for all class 1 and applicable class 2 food businesses)
  • Food Safety Supervisor details and qualifications (for Class 1, Class 2, and Class 3A food businesses).

Step 4.Assessment

We will review your submission to ensure it complies with the requirements of the Food Act. 

Depending on your business's food classification, you may need to submit a Food Safety Supervisor Certificate to Council.

Depending on your risk classification and type of food handled, processed and sold, you may need to submit a Food Safety Program to Council

Once your application has been assessed by an Environmental Health Officer, we will notify you of whether your application can proceed to a final inspection of the premises.

Step 5.Final inspection and registration

An Environmental Health Officer needs to complete a final inspection of your premises to ensure your food business is compliant before you can operate. 

At the final inspection, we will assess your premises according to the standards in the Food Act and Food Standards Code. We will also check whether you have the required food preparation and cleaning equipment to operate your business safely.

If your final inspection is satisfactory, a Certificate of Food Act registration will be issued to you.

Food vans

Step 1.Understand the law

All food premises are required to have a Food Act 1984 registration from their council before selling food. This includes temporary and mobile food premises.

Business owners wishing to register food trucks/vans or temporary marquees/stalls must apply through a website called FoodTrader. 

If you are wanting to trade from a Council street, you will need to apply for a Roadside trading permit. If you are wishing to operate a food truck on private property, you may need to contact Council's planning department to ensure the property is zoned for trading. 

Step 2.Register on FoodTrader

FoodTrader is the new online tool for registering and notifying your food business in Victoria.You must use FoodTrader if you:

  • sell food or drink to the public at a stall, tent, marquee or from a mobile food vehicle including a van, trailer or cart
  • hold a public BBQ/sausage sizzle
  • own a vending machine or water transport vehicle.

To register, visit the FoodTrader Website, create your login and the system will guide you through the process until you are ready to submit your form to Council. An Environmental Health Officer will contact you to advice of the inspection and registration process within 10 business days of submission.

Note: Sausage sizzles will not require assessments or inspections and can be registered without fees. You will receive an email notification when your registration has been approved by Council.

Step 3.Approval and certificate of registration

Once your registration has been approved and payment has been made, you will be issued a Certificate of Registration. Once you receive your certificate, you can trade anywhere in Victoria without having to register with another Council.

Step 4.Submit a statement of trade each time you trade

Each time you plan to trade you need to login to your FoodTrader account and complete a short form called a Statement of Trade, which will ask when and where you will be trading from your temporary or mobile food premises. Your statement will then go to the relevant council to notify them of your activities in their area.

Statements of Trade must be submitted at least 1 full day prior to the trading start date. For example, if you are trading on a Saturday, the statement of Trade needs to be lodged on the Thursday before you trade.

Please note that you cannot trade from Council controlled streets or property without a roadside trading permit having been issued to you.

Food Premise Classifications

In Victoria, food premises are classified into the following categories under the 2022 amendments to the Food Act 1984. These classifications outline the level of risk associated with various types of food businesses, which in turn decide the controls which apply to those businesses. 

Classifications

Class 1

These are food premises that predominantly handle potentially hazardous food that is served to vulnerable people. Examples include hospitals, child-care centres and aged care facilities.

Class 2

These premises handle or manufacture unpackaged, potentially hazardous food which need correct temperature control during the food handling process, or a premises dealing with low-risk food for which any allergen-free claim is made. Examples include restaurants, supermarkets, cafes and most manufacturers.

Class 3A

These premises prepare and/or cook potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises.

Class 3

These premises handle unpackaged low-risk food, warehouse or distribute pre-packaged foods, sell pre-packaged potentially hazardous food, sell shell eggs, and offer to members of the public a free sample of a potentially hazardous food for immediate consumption. Examples include Greengrocers selling cut fruit, milk bars, convenience stores and coffee bars.

Class 4

These are premises whose food handling activities pose low risk to public health. Examples include shelf stable pre-packaged confectionery, sausages cooked, served immediately and sold at a temporary food premises, uncut fruit and vegetables and the serving of biscuits, tea or coffee by a community group.

If you are looking to run a class 4 premises, please notify Council by submitting the Notification of a Class 4 Food Premises Form(PDF, 181KB).

For more detailed information, please visit Classifications for food businesses | health.vic.gov.au

Food Safety requirements

Businesses registered under the Food Act need to follow strict food safety requirements. Two examples of these requirements are the need for businesses serving high risk foods to have a food safety program in place and a food safety supervisor appointed.  

Class 2 community groups are exempt from the requirement to have a food safety supervisor under certain conditions. 

Food safety programs

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.

Class 2 food services and retail food premises only need a FSP if they are undertaking any of the following eight high-risk food handlings activities. Further details can be found here or call the by calling 9205 2200 and asking for our Environmental Health team

FSPs requires a food business to examine its operations step-by-step, from the purchase of raw materials to the sale or service of food to the customer. The program identifies all processes with potential to cause harm to customers and ensures that controls are in place to minimise risks.

Developing your food safety program

Food businesses can choose to either:

  1. Develop their own independent Food Safety Program which will have to be audited by a certified Food Safety Auditor, or
  2. Use the standard FoodSmart Program Template that has been registered with the Department of Human Services.

FoodSmart templates are also available in Arabic, Simplified Chinese and Vietnamese.

Food safety supervisors

Under the Food Act, all class 1, most class 2, and class 3A food premises must have a food safety supervisor.

A food safety supervisor is a person who:

  • has a statement of attainment that shows the required competencies from a Registered Training Organisation, see Food Safety Supervisor Qualifications and guidelines(PDF, 554KB)
  • has the ability to supervise food handling in the food premises
  • has the authority to supervise food handlers and ensure that food handling is done safely, and
  • will ensure that the food handlers know how to handle food safely.

Every food business must provide Council in writing:

  • Full name of their Food Safety Supervisor
  • Qualifications of their Food Safety Supervisor.

If this person leaves the business we must be informed of your replacement Food Safety Supervisor within 14 days.

For more information, please visit the Health Victoria pages for food safety programs and food safety supervisors

Notifying Council of class 4 premises

Class 4 food premises are those whose food handling activities represent a low risk to public health. Please see the above classifications for more information about class 4 premises.

If you are looking to run a class 4 premises, please notify Council by submitting the Notification of a Class 4 Food Premises Form.(PDF, 181KB)

Application fees

The fees for registration of a Food Act premises vary depending on the type of premises and the number of employees. There are also pro-rata fees which apply for first time registrations depending on the time of year the business is first registered with Council. 

Contact Us

Phone

92052200

Email

contactus@hume.vic.gov.au

Hume Food News

Hume Food News is produced quarterly and delivered to all food businesses. View the latest issue of Hume Food News.

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