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General Requirements (Show all)

Registration - Is the food business registration current and accurate?

Guidance

Section 89 of the Food Act requires food businesses to register unless they are classified as exempt. Exempt food businesses include those that:

  • Handle or sell food no more than 5 times a year, for no longer than 3 days each time and where the food is either:
    • non-potentially hazardous unpackaged food (e.g. plain scones, whole fruit at a festival); or
    • food sold straight after thorough cooking, for immediate consumption (e.g. barbeque stall).
  • Handle or sell food in or from a food transport vehicle that is registered in another State/Territory (e.g. a food van registered in NSW).
  • Transport, but do not handle or sell, food (e.g. a courier).
  • Sell only non -potentially hazardous food (e.g. chemist or newsagent).
  • Are not-for-profit community organisations whose food activities are staffed by volunteers for the primary purpose of raising funds for a particular community, charitable or benevolent purpose (unless they are selling food at a declared event).
  • Are farms, vineyards, orchards or aquaculture farms, where the food produced is not sold or supplied directly to the public and is not processed.
  • If the details of a food business’ registration or operating circumstances change, the proprietor must notify the HPS in writing within 7 days of the change (see s97, Food Act). Examples of such changes include: change in proprietor; change of location; change in the kind of food business conducted; or a change in the premises’ structure, fixtures or fittings.

Non-complianceMinor
    Major
    • The food business’ registration has expired.
    • The food business is unregistered.
    • The particulars of the food business have changed but the business has not notified the HPS. A change of the particulars includes a change in: proprietor; trading name; type of food business; location of business; and fitout (refurbishment) of the food business.
    Critical