All food businesses, other than exempted food businesses, are required to be registered under the Food Act 2008.
The operation of a food business without a registration (other than an exempted food business) is an offence with a maximum penalty of $10,000 (for an individual) or $50,000 (for a corporation).
To apply for registration, complete and submit an Application for Food Business Registration together with the appropriate fee. To determine the applicable fee, please refer to the Shire’s Fees and Charges Schedule. The application fee covers one or two inspections as required up until the registration is issued. If you would like assistance with the application process, you may contact a Shire Environmental Health Officer for more information.
The application needs to be made and the registration certificate issued prior to commencing the business which includes prior to possessing food for sale. It is recommended to allow a minimum of two weeks for this process and, if fit-out works are being made, to allow at least one month. This is because the registration certificate will not be issued until the authorised officer has inspected the premises and is satisfied that it complies with Food Safety Standard 3.2.3—Food premises and equipment.
It is recommended to make the application and have the premises inspected prior to setting the opening date to avoid unexpected delays.
Application forms:
The Australia New Zealand Food Standards Code provides national standards that apply to food businesses inasmuch as they are adopted by the Western Australia Food Act 2008. Chapter 3 contains the ‘Food Safety Standards’ including Standard 3.2.2 ‘Food safety practices’ and Standard 3.2.3 ‘Food Premises and Equipment’. These are the subject of most food business inspections and can be accessed at Food Safety Standards website.
If you are purchasing an existing food business or premises which will result in a new entity operating from the premises, you will require your own registration under the new entity name. Refer to the food business registration process above.
Food businesses that are conducted to raise money solely for purposes that are of a charitable or community nature are exempt from registration provided that all potentially hazardous foods handled in the business are to be cooked for immediate consumption. In this case the operator is required to ‘notify’ the Local Government.
Notification can be made by completing and returning the Food Business Notification form, which can be emailed to health@carnarvon.wa.gov.au.
The sale of whole fresh produce and pre-packaged low risk food are also exempt from registration, as is the sale of complimentary drinks in conjunction with another business that isn’t a food business.
A food business must ensure that persons undertaking or supervising food handling operations have –
(a) skills in food safety and food hygiene matters; and
(b) knowledge of food safety and food hygiene matters,
commensurate with their work activities
The Board of Food Standards Australia New Zealand has decided that new requirements will apply to most retail food businesses in regards to
- food safety supervisors
- general food handlers as of 23 December 2023.
Most retail food businesses will be required to nominate a food safety supervisor to manage and give direction on the safe handling of food and must hold a food safety supervisor certificate issued within the last 5 years. Details on the food safety supervisor training courses are available here: Food Safety Supervisor Training Course.
General food handlers will be required to complete basic food handler training. The Shire of Carnarvon subscribes to I’m Alert Online Food Safety Training which allows local food handlers to access this training online for free. This is available at I am Alert Food Safety Training.
Further information is available here at the Department of Health Food Safety Website
Whether it be for cottage manufacturing, home-based hospitality, preparation for a temporary food stall or fund-raising event or something else, home-based food businesses can assist with community fund-raising, be a hobby for extra income or the start of something much larger. The Shire of Carnarvon encourages small food business start-up ventures, which can contribute to the diversity and quality of food products and service in the Gascoyne district such as at farmers and craft markets, community events, retail shops or direct to consumers.
Home premises usually involve some natural limitations compared to commercial food premises and are required to comply with the Food Standards Code in respect of the scale and type of food handling activities proposed. For a clean and well-provided home kitchen, the limitation is often only about the scale of operation.
If you are considering a home-based food business, please refer to the Shire’s Information Sheet Home-based Food Businesses for further information and guidance.
Food that is sold at a different location to where it is prepared generally needs to comply with the labelling requirements of the Food Standards Code. For a summary of the labelling requirements, refer to the Shire’s Information Sheet Food Labelling. For further information, refer to Food Standards - Labelling at the Department of Health or contact an Environmental Health Officer.
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