Food premises licensing
In October 2009, new laws governing the preparation and sale of food in Western Australia came into force: The Food Act 2008 and the Food Regulations 2009, along with the existing Australia New Zealand Food Standards Code, replaced the 1993 Food Hygiene Regulations, and sections of the Health Act 1911. The new laws provide national consistency - a food business will now need to meet the same requirements as a business operating anywhere else in Australia.
The main changes have been that food businesses must be registered with a local government authority, introduction of a uniform risk-based classification system for all food businesses, the enforcement abilities of local government, and increased fines and penalties.
Do you have the relevant planning and building approvals?
If not, apply for these before you submit your application to Health Services:
- Contact our Environmental Health Officer with any questions you may have concerning your food premises application.
- Submit your completed Application and appropriate fee with 2 copies of plans to your Environmental Health Officer.
- Await advice concerning your Application. We will contact you if we require any further information.
- You will be advised if your Application has been approved or refused. If approved, we will provide an approval document with any specific conditions that have been imposed to ensure your new business complies with the food laws.
- Contact the Environmental Health Officer once construction is nearing completion to organise a final assessment. In order to start operating, you will need to ensure all Conditions of Approval have been met.
Taking over an existing food business
If taking over a food business which has been closed you may require upgrading the premises to comply with current laws, or in order to be suitable for the type of food you are intending on handling. You must contact the Shire's Environmental Health Services prior to opening to arrange to meet with an Environmental Health Officer at the business.
You must not open the food business until you have submitted a Food Premises Notification/Registration Form, paid all relevant registration fees, and received a Certificate of Registration. If you intend to make changes to the food premises prior to opening, an Application for Approval to Construct or Amend Food Premises must be submitted prior to any works commencing.
If the food business you are taking over is currently operating it is recommended that you request a settlement enquiry by contacting the Shire’s Health Services. This is usually arranged through a settlement agent and incurs a fee. Where requested, an inspection of the premises will be carried out and a written report provided to the settlement agent advising of any outstanding work orders and registration fees. A Food Premises Notification/Registration Form must be submitted before taking over any business. Click here to download a form.
What laws does my business need to comply with?
Food businesses must comply with the requirements of the Food Act 2008, the Food Regulations 2009 and the Australia New Zealand Food Standards Code. Chapter 3 of the Australia New Zealand Food Standards Code, also referred to as the Food Safety Standards, outlines the structural requirements your premises must meet. The Food Safety Standards also provide guidance relating to essential food handling and staff hygiene practices that must be followed to ensure the production of safe food.
Translated fact sheets are available from the Food Standards Website.
Safe food handler training
Current food legislation requires all food handlers to have adequate skills and knowledge when employed in a commercial kitchen.
We routinely check food safety knowledge by asking kitchen staff questions about topics like safe food temperature, hand hygiene, stock control, methods of cleaning and sanitising. Skills are assessed by observing staff working.
Foodsafe food handler training program
The Australian Institute of Environmental Health's FoodSafe Food Handler Training Program is a practical self-help food safety program for proprietors of small to medium food premises and food handlers. The program includes an easy to use record keeping systems. This program is highly recommended as a way of ensuring that your business is meeting your obligations in producing safe food. For further information please go to On-line food handling program.
A preview of the course can be seen here: Preview
To check your skills, try this online quiz
Itinerant food vendors and trading in public places
Are you thinking of starting a business as a Food Stall Holder or a Trader in Public Places within the Shire of Dandaragan? The Local Laws define:
- An itinerant food vendor as "a person who travels along the road looking for customers and who sells food from a vehicle parked temporarily on the road to customers who stop or come to that person while that person is so parked", and
- A Trader as "a person in charge of a stall that is a moveable or a temporarily fixed structure, stand or table in, on, or from which goods or services are sold hired or offered for sale".
Approval will also need to be obtained from the landowner before an application can be made to the Shire's Health Services. If applicable, contact Main Roads on 9956 1200. Insurance documents must be provided, and the food needs to be sold from a registered food vehicle.
Itinerant Vendor of Food Application
Application to Trading in Public Places
Application to Conduct a Temporary Food Stall
Cooking food for sale from home
Are you thinking of starting a small business from home for the preparation of food for sale to the general public? The Australia New Zealand Food Standards Code limits the type of foods that can be prepared from a domestic kitchen. If you plan to prepare food for sale at home you need to obtain development approval from the Shire's Planning Services.
Click here to download an Application for Approval of Certain Food Handling Activities in Residential Premises.
Temporary food premises and events
If you are intending on setting up a food stall or operating a food vehicle at a community event, you must first obtain approval from the Shire's Principal Environmental Health Officer by submitting an Application to Conduct a Temporary Food Stall which can be found here. For further information about events, click here.
The same as any food business food vehicles must be registered with your local government authority. A public liability insurance document and vehicle registration papers must be provided.
Food allergies
Food allergies can be a matter of life and death. For information regarding food allergies visit Food Standards Australia's Food Allergen Portal www.foodstandards.gov.au/foodallergenportal. The portal has information for retailers, the food service sector, child care centres, schools and consumers.