DH - Food Section - Starting a Food Business

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Starting a Food Business

A food business, including mobile food operations, must comply with the provisions of the Food Act 2001, Food Regulations 2002 and the Australian New Zealand Food Standards Code (including the Food Safety Standards).

What is a food business?

Under the Food Act a food business is any business, enterprise or activity (other than primary food production) that involves:

(a) the handling of food intended for sale; or

(b) the sale of food regardless of whether the business, enterprise or activity is of a commercial,
charitable or community nature or whether it involves the handling or sale of food on only one
occasion. (Section 6 - Food Act 2001)

This includes the sale of food provided as part of another service.

Planning for your food business

When planning your food business it is recommended that you contact the Environmental Health Officer (EHO) in the local council where the business will be operating. Councils are responsible for the enforcement of Food Safety Standards and the EHO can help you with information about complying with the Standards including the requirements for premises construction and equipment.

Having all the information you need before making final decisions about starting your business may save you avoidable costs.

For mobile food businesses:

if permanently operating at one location contact the Council for that location;
if operating in more than one council, contact the council where the vehicle will be garaged.

If your business will be located outside of Council areas contact the South Australian Department of Health (DH).

The Local Government website will help you to locate the Council contact information.

Food Business Notification

Before a food business begins operating the proprietor of the business must notify the Council for the area in which the food business is located. Businesses located outside of council areas will notify the DH. Businesses only need to notify once, unless the notification information changes.

How do you notify?

1. By lodging a completed notification form with your local Council
(or DH if your food business is not within a Council boundary).
Forms can be obtained from your local Council.

2. By completing a notification form on-line. This can be accessed from
the following site www.fbn.sa.gov.au

What happens if you don’t notify?

Penalties and/or expiation fees may be applied. The maximum penalty if the offender is a body corporate is $120,000, or an individual $25,000. The expiation fee for a body corporate is $1,500, or an individual person $300.

What about changes to notification details?

The proprietor of a food business is required to provide changes to previously notified information before the change takes place. You can provide details of changes via the on-line system (you will need your identification number) or by completing a paper form available from your Council.

Food Safety Management Systems

The majority of food businesses are inspected by local government EHOs for compliance with Food Safety Standards. Councils may charge an inspection fee of up to $80 for a small business and up to $200 for a large business. Your local council EHO will be able to advise you about what inspection fees apply.

For some businesses additional food safety management systems are being introduced including audited Food Safety Programs. Information on these systems can be found on the food safety programs page.

Food labelling

The Department’s food labelling web page includes a basic guide to the “Labelling of packaged food for retail sale”. This page also provides links to Foods Standards Australia New Zealand for other information on food labelling including a calculator for preparing a nutrition information panel.

Further information

These websites provide general information on setting up a business

The SA Food Centre - FoodBiz Toolkit provides advice on writing a business plan and other steps for starting and building a better business.
The Commonwealth Government business gateway has information on taxation, insurance, occupational health and safety, and starting a home based business.

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