Food Premises and Safety

Overview

Any business that sells food or drink in the Macedon Ranges Shire must be registered with Council and follow regulations to ensure that the food they sell is safe to eat. This includes:

  • Cafes
  • Restaurants
  • Domestic kitchens
  • Mobile food vehicles
  • Food stalls
  • Grocers
  • Supermarkets
  • Child care centres
  • Aged care facilities
  • Similar businesses

Starting or operating a food business

Starting your own food business

In Victoria, all food businesses must be registered through their local Council and follow regulations to ensure that the food they sell is safe to eat. 

If you are starting a food business you must contact Council's Environmental Health Unit on (03) 5422 0333 to ensure you are complying with the Food Act 1984. 

Once you are ready, complete an Application to register a food premises form(DOCX, 182KB) / Application to register a food premises form(PDF, 230KB) and pay the prescribed fee. If your business is a class 4, you will need to fill out the Notification form(DOCX, 175KB).

Food premises classifications

There are five classes of food premises: class 1, class 2, class 3A, class 3, and class 4.

The classification system means that regulatory requirements are better matched to the level of risk associated with the food handling activities at different types of premises. Class 1 has the highest and class 4 the lowest level of legal requirements.

Class 1

Class 1 food premises are those that predominantly handle hazardous food that is served to vulnerable people in: 

  • Hospitals 
  • Child care centres and kingergartens 
  • Aged care facilities

Class 2

Class 2 food premises are those that handle unpackaged potentially hazardous foods which need correct temperature control during the food handling process – including cooking and storage – to keep them safe. This premises type includes: 

  • Restaurants and cafés 
  • Fast food outlets 
  • Pubs/hotels 
  • Caterers 
  • Delicatessens 
  • Supermarkets with delicatessens 
  • Most manufacturers

Class 3A

A class 3A food premises is one where one or more of the following food handling activities occurs:

  • Preparation and/or cooking of potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises.
  • Food is made using a hot-fill process resulting in a product such as chutney, relish, salsa, tomato sauce or any other similar food, that:
    • is made at a home-based or temporary food premises, for example, a hired kitchen, and
    • has been heat treated to a temperature of not less than 85 °C and then filled and sealed hot into its packaging, and
    • is acidic (pH of less than 4.6), and
    • has salt or sugar or any other preservative added.

Class 3

A class 3 food premises are those whose main activities involve the sale of foods not commonly associated with food poisoning. This includes the supply or handling of unpackaged low risk foods, or the sale of pre-packaged hazardous foods which need refrigeration to keep them safe. Premises expected to fall into class 3 include: 

  • Fruit stalls selling cut fruit 
  • Wholesalers distributing pre-packaged foods 
  • Most milk bars and convenience stores

Class 4

Class 4 food premises are those whose food handling activities pose low risk to public health. They include the following: 

  • Coffee vans/carts serving coffee, tea (with or without milk, soy, almond or any other liquid), water, soft drink (except fermented soft drinks containing a live culture) intended for immediate consumption
  • Premises which sell shelf-stable pre-packaged foods such as confectionary 
  • Bottle shops 
  • Premises which sell uncut fruit and vegetables such as stalls at farmers markets and greengrocers 
  • Shops and stalls selling packaged cakes (excluding cream cakes), bottled jams or honey. 
  • Seasonal kindergartens serving low risk food and cut fruit 
  • Stalls running simple sausage sizzles, where the sausages are cooked and served immediately – Can include onions, sauce and bread. Does not include hamburgers or other high risk foods
    

To find out more about food business classifications, visit the Department of Health website

Purchasing an existing food business

As of 1 July 2021, if you purchase an existing food business you can no longer transfer the existing food registration. You must now apply for a new food registration (see ‘Starting a new food business’ section on this page).

If you are considering buying an existing business, it is possible to obtain information on the current condition of the business and any issues that that have been identified through inspections by an Environmental Health Officer. Consent from the existing owner must be obtained before Council can formally release information to a third party.

This information can be obtained by completing the Pre-purchase inspection form(DOCX, 171KB) / Pre-purchase inspection form(PDF, 198KB) that must be completed by both the existing owner and the person who the information is to be released to.

Do I need a planning permit?

A planning permit may be required in order for you to operate a food premises or obtain a liquor licence. More information is provided under Planning Permits - do I need one?

Can I put up an A-frame or seating outside my premises?

If you run a business and would like to place goods, signs and/or outdoor eating areas on Council land or footpaths, you must have a current Roadside and Footpath Trading Permit.

Food safety requirements

Council's Environmental Health officers perform an important role by ensuring local food businesses are complying with the provisions of the Food Act and Australian Food Safety Standards.

The following duties are performed to protect the community and raise food hygiene standards:

  • Inspect food premises to ensure food is prepared and sold in a safe manner
  • Conduct food sampling
  • Investigate food related complaints
  • Conduct food recalls
  • Seize potentially unsafe food to prevent its sale

Complaints relating to the operation of a food business or alleged food poisoning within our shire can be lodged calling Customer Service on 5422 0333 or by email.

Food Safety Supervisors

Everyone who works in a food business – including the proprietor – is responsible for the delivery of safe food to the customer. All class 1 and most class 2 premises must have a food safety supervisor.

The food safety supervisor must have the minimum competencies for the food sector they work in and have a Statement of Attainment to be a food safety supervisor in their sector. Training courses are provided by registered training organisations.

For more information on Food Safety Supervisors, visit the Department of Health website.

Food Safety Programs

In Victoria, all class 1 and most class 2 food premises need a food safety program.

A food safety program (FSP) is a written plan that shows what a business does to ensure that the food it sells is safe for people to eat. It is an important tool to help businesses safely handle, process or sell potentially hazardous foods and maintain safe food handling practices to protect public health.

The Department of Health Victoria provide food safety templates which are an easy way for food premises to write a food safety program. You will also need to nominate a food safety supervisor when you submit your food safety program. This person will be responsible for the implementation of the food safety program.

Food Labelling

Food labels can provide a wide range of information to help consumers make food choices.

Food labels also help to protect public health and safety by displaying information such as use by dates, ingredients, certain allergens, instructions for storage and preparation, and advisory and warning statements. 

FSANZ sets the standards for what information must be on food labels.

   

Temporary / Mobile food premises and water transport vehicles

FoodTrader is a state-wide registration and notification scheme for temporary and mobile food premises, including water transport vehicles. To legally operate a temporary or mobile food premises or water transport vehicle at events such as festivals, markets, exhibitions, single temporary stalls, fetes or sausage sizzles (in Victoria), you must:

  • register or notify your temporary and mobile food premises with your local council in order to operate anywhere in Victoria
  • lodge a statement of trade (SOT) to let the relevant councils know where and when you will be trading in their districts.

Examples of those who need to register via FoodTrader include:

  • Businesses selling food from a temporary site, such as a market or a festival stall
  • Businesses selling, giving away or sampling food at an exhibition or a trade show from a stall
  • Farmers selling produce at markets from a stall
  • Home-based business selling baked goods at markets
  • Mobile food vans or trucks
  • Coffee vans
  • Vending machine business
  • Water carters
  • Community groups hosting a sausage sizzle or cake stall
  • Community groups selling food at a market or a festival
  • Community groups cooking and selling food from a food truck or a trailer
  • Schools holding a fete or festival.

To register or notify Council of your temporary or mobile food premises, please use the online FoodTrader system.