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.

Mobile Food Vending Machines

Approval from Council

Prior to purchasing or leasing a mobile food vending (MFV) vehicle you should enquire if the use of that vehicle is permitted as a food business or to determine what works will need to be undertaken to ensure the vehicle meets the requirements for classification as a MFV vehicle. Approval and a satisfactory pre trade inspection must be sought prior to trade from an Environmental Health Officer.

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

Registering your MFV Vehicle

Before operating your MFV vehicle you are required to register your business with what is known as your “home Council” which refers to where the MFV vehicle will be garaged or stored when not in use. If the MFV vehicle will be garaged in Muswellbrook Shire Council’s (Council) Local Government Area (LGA) you will be required to register the business with Council. If you choose to trade in other LGA’s you will be required to seek approval from the corresponding Council. You must ensure all details are correct and any changes to details provided are updated with Council.

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.

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.

Food vendors that only heat milk are exempt from requiring a FSS.

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 that the design and construction of your MFV vehicle complies with all Australian Standards and the Food Safety Codes. Requirements under the Australian standards and the Food safety codes include:

• a layout and enough space to work without contaminating food (e.g. to keep raw and cooked food separate and waste away from food)
• permanent basin/s used only for hand washing with warm running water, soap and single use towels
• fixtures, fittings and equipment like sinks and dishwashers that are designed to be connected to a water supply must be plumbed-in
• fridges that can keep food at 5or colder (and frozen food frozen hard) and suitable equipment for hot-holding food at 60 or above
• enough storage to protect food and packaging
• floors, walls and benches that can be easily cleaned
• a supply of portable drinking water (size of tanks)
• good light and ventilation
• wastewater receptacle size

If you are unsure if your MFV vehicle complies, please do not hesitate to contact Council for advice.

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 MFV  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.

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

Approval to operate on particular land

Land used for trading can include private owned land, Local Council owned parks and reserves, or State Government owned rest stops and roadsides such as National Parks and RMS roadsides. You must gain permission from the land owner prior to operating a MFV.

If you intend to trade regularly from a private owned premises, you may also need development consent from Council. Contact Council’s Planning and Development Department for further information.

When traveling to different Council areas you are also required to notify the Council governing the area of your intentions. In instances where MFV’s wish to trade at a temporary event such as fairs, festival, markets and shows in Muswellbrook shire Council, you are still considered a retail food business and are still required to notify to need to meet the same Legislative requirements.

Information for Government Owned Land:

Muswellbrook Shire Council Owned-

S138 process speil and application,

RMS

www.rms.nsw.gov.au/business-industry/partners-suppliers/lgr/other-information/vending-in-rest-areas.html

NSW National Parks and wildlife service:

https://www.nationalparks.nsw.gov.au/

Check list prior to operating a MFV vehicle

• The MFV vehicle is approved for use as a Food premise.
• You have registered your business with Council.
• You have a current food safety supervisor and certificate (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.
• You have an appropriate sanitising method such as a food grand 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 a constant supply of single use towels, soap and warm potable water.
• You have received a satisfactory final inspection from a Council Environmental Health Officer.
• You have permission from the landowner

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.