Food Regulations

Premises Inspections

Council routinely inspects all food establishments within the Shire for compliance with the Food Act 2003, Food Regulation 2010 and Food Safety Standards. Premises that may be inspected include restaurants, cafes, fast food outlets, kiosks, bakeries, supermarkets, home caterers and any other establishments where food is manufactured, prepared, stored or sold.

For more information please click on the following links:

Premises Registration

All current and new retail food establishments operating within the Shire are required to be registered with Council on an annual basis.

Please complete the Application Registration of Food Premises form and return to Council. It is the proprietor's responsibility to ensure the premises are registered with Council annually.

If you would like more information, require your premises to be registered or your registration needs to be renewed contact The Hills Shire Council on (02) 9843 0555 or e-mail council-publichealth@thehills.nsw.gov.au

Food Business Notification

Under the Food Safety Standards all food businesses are required to notify certain details to the relevant authority. These details include the proprietors name and address, the nature of the food business, the size of the business and the location of all food premises used by the business.

A state-wide database has been developed to manage the notification process. Businesses can enter the required information on-line at http://www.foodnotify.nsw.gov.au/

Food Safety Supervisor requirements

By the 1 October 2011, any food business that sells:

potentially hazardous food;
which is ready to eat; and
is not sold and served in its package,

is required to have appointed a Food Safety Supervisor and notified Council or the Food Authority.

The NSW Food Authority has extensive information regarding the requirements.

There are a number of exemptions to the requirement.

Information regarding the legislation relating Food Safety Supervisor requirements.

Food Safety Supervisor FSS Notification Form (257.78kB)

Legislation

The Food Act 2003 commenced on 23 February 2004 and the Food Regulation 2010 have recently been Gazetted.

Mandatory Food Safety Standards were introduced in NSW on 24 February 2001. The food safety standards are designed to ensure that food produced in Australia is safe to eat. The three standards include:

Further information and access to the standards can be obtained by visiting the Food Standards Australian New Zealand website

Design and Construction Requirements

Standards Australia has prepared a standard for the design and construction of food premises. The standard provides uniform criteria for the hygienic design, construction and fit-out of food premises. The objective of the standard is to provide further information for the requirements of the Australian Food Standards Code, Standard 3.2.3 Food Premises and Equipment.

The standard details are AS 4674-2004 Design, construction and fit-out of food premises. The standard can be purchased from Standards Australia Customer Service - telephone 1300 65 46 46 or download from http://www.standards.com.au/

Food Regulation Partnership

The Food Regulation Partnership model includes a proposal to establish a comprehensive program to support and assist Council roles in food regulation by the NSW Food Authority.

Food Regulation Partnership

Amendments to the Food Laws in NSW

Overview

Amendments to the Food Act 2003 (NSW) and Food Regulation 2010 have enabled the new Food Regulation Partnership, between local councils and the NSW Food Authority to take effect from 1 July 2008.

The Hills Shire Council has been appointed by the NSW Food Authority to undertake a food inspection role of retail food businesses within the Shire.

The changes include:

Council will be required from 1 July 2008 to carry out routine inspections of retail food businesses, and
fees & charges for food safety activities can be charged under the Food Act 2003 (NSW).

Why the changes?

Primarily, it provides for safer food to the consumers of NSW by reducing the impact of foodborne illness.
Improves food regulation consistency across NSW.
Avoids duplication, by clarifying the roles and responsibilities between councils and the NSW Food Authority.

What is a retail food service business?

A retail food business includes:

a food business which performs as its principal food-related activity, the production of food for direct sale to the consumer
the sale or service of food directly to the consumer

It does not include:

primary production,
businesses licensed by the Authority – including retail meat premises,
manufacturers,
wholesalers, and
food transport vehicles.

What it means for retail food businesses?

Food businesses will be inspected and required to comply with food regulations. Council will take immediate action to address non-compliance.
Compliance with regulations will require food businesses to maintain premises and equipment in good repair, demonstrate thorough cleaning practices, ensure correct storage of foods and that staff receive training.

Retail food businesses risk classification

Food businesses will be provided with a risk classification that is based on a priority classification system that was originally prepared by ANZFA (now Food Standards Australia New Zealand, FSANZ) and revised by the NSW Food Authority in determining, at face value, priority food business classifications. Businesses that prepare and serve meals that have high risk foods are classified at face value as P1 and P2 high risk, businesses that have medium and low risk foods are classified as P3 medium risk, and businesses that sell packaged low risk foods are classified as P4 low risk.

Food businesses with a risk classification of P1 & P2 will have an annual inspection frequency of a minimum of 2 inspections and P3 & P4 a minimum of 1 inspection.

Fees and Charges

In order for Council to undertake a regulatory food inspection role relevant fees and charges are required to be imposed.

The NSW Food Authority has provided recommendations on the maximum fees that may be charged for inspections and administration charges. The legislation also imposes regulatory fees for the issuing of notices.

The fees and charges include:

a recommended maximum fee for inspection of a non-licensed food business
- $143.08 per hour with a minimum charge of half an hour (excluding time spent in travelling) plus $35.77 for travelling expenses.
a maximum annual administration charge on non-licensed food businesses that are subject to inspection once every twelve months.
a fixed fee for issuing an improvement notice (including one re-inspection)
- $330
- Council has the power to waive the improvement notice fee.
- It is an offence not to pay the improvement notice fee and Council may issue a Penalty Infringement Notice.

The Hills Shire Council Fees and Charges 2011/2012

Council’s Responsibilities

Carry out regular routine inspections and enforcement of the retail/food service sector within the Shire.
- Retail food businesses will be inspected regularly depending on their risk classification and results of inspection.
- Food businesses that have undergone three (3) consecutive inspections with no critical food safety breaches identified may have their inspection frequency reduced.
- Food businesses that are found to have critical food safety breaches may have their inspection frequency increased (this will result in an additional cost of an inspection fee).

Food complaint investigations.
- Complaints of foodborne illness, or any matter presenting a ‘clear and present danger’ will be redirected to the Authority.

Urgent food safety responses including urgent food recalls.
Reporting on key food regulation activities to the NSW Food Authority every six months.
- The NSW Food Authority will publish summary reports on its website. Reports will be based on the combined data of food regulation activities of councils across the State (individual businesses will not be named).

“Name and Shame Law”

The Food Amendment (Public Information on Offences) Act 2008 was recently passed by the NSW Parliament. The Act includes provisions that penalty notices issued by the NSW Food Authority and councils under the Food Act 2003 will be eligible for publication in a public register. The NSW Food Authority does not intend to publish details of offences that do not inform the public of food safety performance matters.

Successful food convictions are also published in accordance with s.137 of the Food Act 2003 on the NSW Food Authority’s website.

Mobile Food Vending Vehicles

The NSW Food Authority defines Mobile Food Vending Vehicles as:

Any means of transport, whether self-propelled or not, or otherwise designed to be movable, which is used for selling food, whether on land, sea or air.

It includes vehicles used for on-site food preparation (eg hamburgers, hot dogs and kebabs), one-step food preparation (eg popcorn, fairy floss, coffee and squeezing juices), and the sale of any type of food including pre-packaged food.

It does not include food vending machines or food transport vehicles.

Before you start your mobile food vending business you will need to address the following matters.

Registration

All mobile food vending vehicles are required to be registered with the NSW Food Authority (http://www.foodnotify.nsw.gov.au) and with the Local Enforcement Agency for the Local Government Area of the vehicle's primary storage location.

Inspection

Your mobile food vending vehicle will be required to be inspected each financial year. Should any issues be raised during the routine inspection, a reinspection may be required. Reinspections have a minimum ½ hour charge and are charged according to Council's Fees and Charges.

An Environmental Health Officer will contact you to arrange an inspection of your mobile food vending vehicle. You may be required to bring your mobile food vending vehicle into the Council's offices for inspection.

Mobile Food Vending Vehicle Registration Form (39.30kB)

Approvals

The sale of food from a mobile food vending vehicle may only take place with the approval of the owner or person in control of the land on which the vehicle is parked.

The use of a vehicle to sell food in a public place that is, land owned or controlled by the Council, requires the prior approval from the Council.

To leave the vehicle in a single place and continually trade from that place will require formal Development Approval for that land use.

Legal Requirements

You will need to comply with the following legislation and guidelines:

1. NSW Food Act, 2003

2. NSW Food Regulation, 2010

3. Food Safety Standards Australia New Zealand

4. NSW Food Authority Mobile Food Vending Vehicle Guidelines