In NSW, food safety requirements are set by the Food Act 2003 and the Food Regulation 2015.

These laws require that food sold is safe and suitable for human consumption and meets all standards set out in the Food Standards Code.

All business owners and food handlers have a responsibility to ensure that all aspects of their food business are running in accordance to NSW legislation, and safe food handling procedures are being undertaken. It is your responsibility to ensure your business, and all food handlers comply with this legislation.

Together with NSW Food Authority, Council monitors food safety across the Local Government Area. They make sure the food produced and sold in NSW meets all of the guidelines set out in the relevant state-based legislation.

Fixed Food Premises

Approval from Council

Prior to purchasing or leasing a food business premise you should enquire if the use of that building has been previously permitted as a food business.

If the premise has been previously approved as a food premise, and you are not intending any major modifications or construction, you may be exempt from requiring formal approval from Council.

However, if the premise has not been previously approved as a food business, or major construction work is anticipated, a formal application under the Environmental Planning and Assessment Act may be required to be submitted to Council’s Planning Department for approval prior to operating.

Council officers may be available to conduct a pre-construction and fit out inspection of the premises should you have particular issues or concerns.

Please note it is an offense to operate without obtaining the correct approvals from Council.

Registering your Food Premise

Before operating your food business you are required to register your business with Muswellbrook Shire Council. You will be required to fill out a Food Premise registration form which can be found here.  You must ensure all details are correct and if any changes to the registration occur, such as a business owner changing, they are sent to council to be updated.

Inspections  

Once approval has been granted from Council, and a satisfactory final inspection has been undertaken by an Environmental Health Officer, (where applicable) ongoing inspections of the premises will be undertaken to assess compliance with the relevant legislation.

The frequency of these inspections is based on the risk associated with the food being prepared. It should be noted that these inspections can be undertaken at any time during food business operating hours without warning and it is an offence to prohibit an authorised officer from gaining access to your businesses food premise to conduct these inspections. Your patience and assistance during these inspections is appreciated.

All food businesses and inspections are charged as per Council’s fees and charges which can be viewed on Muswellbrook shire Councils website.

Designating a Food Safety Supervisor

The Food Act requires certain food businesses in the NSW hospitality and retail food service sector to have at least one trained Food Safety Supervisor (FSS) per premises. The FSS needs to have gained specific units of competency gained through training by a Registered Training Organisation (RTO) that has been approved by the Food Authority. See the attached information guide on FSS.

The FSS requirements apply to businesses that process or sell food at the retail level, e.g. food that is:

• Ready-to-eat,
• Potentially hazardous (requires temperature control), and
• Not sold and served in the supplier’s original packaging.

It is important that the FSS is regularly on the premises and that they share their knowledge of food safety to all other food handlers.

It should be noted that certificates of competency do not satisfy the requirement of having a designated FSS. If you are enrolling in a Food Safety Training, ensure they are a RTO and provide you with the FSS Certificate at the successful completion of the course, or the adequate qualifications to apply to the NSW Food Authority for a FSS Certificate.  It is good practice to have the certificate in an easy to see location on the premises for ease of presentation when requested by a Council Officer. The Certificate must remain on the premises.

For more information on FSS, please visit the NSW Food Authority’s Website at http://www.foodauthority.nsw.gov.au/rp/fss-food-safety-supervisors

Design and Construction

You are to ensure the premises design and construction complies with all Australian Standards and the Food Safety Codes. It is important to familiarise yourself with these requirements. A guideline has been developed to assist business owners in complying with the Australian Standards. Download the guideline below.

You are required to seek approval from Council prior to any construction work being undertaken.

Check List Prior to Operating a Food Business

•  The building is approved for use as Food Premises
• You have registered your business with Council
• You have a current Food Safety Supervisor (where applicable)
• You have an understanding of the requirements for food handlers under the relevant legislation and food safety standards
• You have a working thermometer accurate to +/- 1 °C
• You have an appropriate sanitising method such as a Food Grade Sanitiser
• The premise is in a clean and sanitary condition and the premise complies with Australian Standards.
• The designated hand wash facility is serviced by constant supply of single use towel, soap and warm water.
• You have received a satisfactory final inspection from a Council Environmental Health Officer

Food Business Notification

All food businesses operating in Muswellbrook Shire Council area are required to notify Council.

Examples of businesses which need to notify include:

• retail food outlets, other than seafood retailers that also process seafood or butchers
• businesses which sell food as a smaller part of their business such as chemists, cinemas, corner stores, petrol stations and sporting facilities
• food stall holders at regular, temporary or one-off events
• mobile food outlets
• school canteens
• child-care facilities that provide food and do not hold an Authority licence
• food manufacturers that do not hold an Authority licence
• food transport, storage or wholesale businesses, and
• importers and exporters of food or food ingredients.

Council requires new food business operators to complete a registration form prior to operating. This form should be completed and returned to Council’s Environmental Health Officer.

Download the Food Premises Registration form from our forms page.