Food Business
Food businesses in North Sydney should familiarise themselves with the following:
> Changes to the Food Laws - May 2008
> NSW Food Authority
> NSW Food Authority - food safety offences
What you Need to Know
A food business or premises is an enterprise or activity that involves the handling and sale of any sort of food in Australia. There are more than 600 food businesses operating in the North Sydney area:
Food Premises in North Sydney area map (739KB)
Council keeps a register of these food premises. Inspections are carried out by Council on a yearly basis and you are required to:
- Register business details with Council using this form:
Food Premises Registration Form (14KB) - Register business details with New South Wales Food Authority
Ensure that all staff have appropriate skills and knowledge in food safety and food hygiene in keeping with the activities of the business. Ensure that all staff are informed of their specific health and hygiene responsibilities under Food Safety Standard 3.2.2 (Clauses 13-15) which are available from the Food Standards Australia New Zealand website.
Be aware of general food safety and hygiene requirements:
State Government food laws enable Council officers to issue a Penalty Infringement for an offence under these laws. North Sydney Council officers are currently issuing these fines when offences are detected.
Each food premises will be inspected regularly by North Sydney Council. One is entitled to ask the inspecting officer for formal identification. Each inspection, including any required reinspection(s), will generate an invoice from Council.
Compliance with the food laws by all operators and staff will enhance community health, ensure a continued high standard of customer satisfaction, and avoid any regulatory action by Council.
Additional information:
New South Wales Food Authority
Phone: 9741 4777
contact@foodauthority.nsw.gov.au
Staff Illness Policy
To minimise the potential for the spread of germs from infected food handlers to customers, it is important that each food business develop and implement a staff illness policy to which the attention of new and existing staff should be drawn.
Note that the words food handling have a very broad meaning and include making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying food.
- All food handling staff shall report all health problems to the owner/manager/supervisor before commencing work or immediately if an illness occurs during a shift.
- Any food handling staff that is suffering from infected skin lesions such as skin sores, boils, acne, cuts, abrasions or allergies or discharges from the ear, nose or eyes shall report such matters to the owner/manager/supervisor and take all practical measures to prevent food being contaminated.
- All food handling staff who have any symptoms of gastro or fever type illnesses such as diarrhoea, upset stomach, sore throat or sinus infection, coughing or sneezing, vomiting or nausea are excluded from handling unpackaged foods or any other activity which may result in possible contamination of food or the premises or equipment or appliances.
- All such illnesses are recorded including details of staff name, type of symptoms experienced, date and the time the illness was first reported and the time when the food handler was excluded from handling unpackaged foods.
- Food handlers are only allowed to return to food handling duties when they provide a doctor's certificate stating that they are fit to return to food handling duties or 48 hours after the end of the symptoms
- The date and time of the return to work of the food handler is recorded in the sickness register and the medical certificate is filed appropriately.
- Any medication must be stored with the employee's personal belongings and well away from food handling areas.
- Any bandages worn on the hands shall be covered with a disposable glove.
- The owner/manager/supervisor shall notify the enforcement agency (Council) if an employee reports that he/she is suffering from specifically diagnosed diseases such as Hepatitis A, Norwalk disease, Typhoid fever, Shigellosis, Staphylococcal and Streptococcal diseases (except Staphylococcus aureus), Campylobacter enteritis, Amoebiasis, Giardiasis, Salmonellosis, Rotaviral enteritis, Taeniasis, Cholera and Yersiniosis.
Staff are also reminded of their personal Health and Hygiene responsibilities as outlined in Division 4 of Food Safety Standard 3.2.2, which can be accessed on www.foodstandards.gov.au
Food Safety Enforcement
While every effort is made by Council from an educational perspective to inform business operators and staff of their food safety responsibilities, it should be recognised that Council also has a regulatory role in enforcing the food laws. As a consequence, from time to time, Council officers undertake regulatory action for breaches of the food laws. This action may arise from a routine inspection of a food business, or as a result of the investigation of a complaint. From an enforcement perspective, Council officers have a number of options, including the issuing of verbal or written warnings for dealing with breaches of the food laws. The circumstances applicable to each situation are considered prior to instigating any form of enforcement action.
The regulatory tools available to Council officers under the Food Act 2003 include the following:
- The use of a Penalty Infringement (on the spot fine).
- The institution of legal action.
- The use of an Improvement Notice (clean up) to require work to be done with a minimum 24 hours compliance period.
- The issuing of a Prohibition Order to require the mandatory closure of a business until a further inspection discloses a satisfactory outcome. A Prohibition Order can also apply to an unsatisfactory food vehicle or a specific appliance.
- The power to seize item(s) of food which are considered unsafe for human consumption.
- The use of a Notice under Section 124 of the Local Government Act 1993.
In the interests of maintaining general community health standards and preventing potential food poisoning incident(s), Council is anxious to ensure that the food safety and hygiene aspects of each food business are maintained at the highest standard.
Food Safety Enforcement - Statistics
2009
- 18 - Penalty Infringement Notices (on the spot fines)
- 42 - Improvement Notices
- 1 - Prohibitions
- 7 - Prosecutions
2008
- 60 - Penalty Infringements Notices (on the spot fines)
- 98 - Improvement Notices
- 5 - Prohibitions
- 7 - Prosecutions
- 1 - Voluntary Closure
2007
- 111 - Penalty Infringements Notices (on the spot fines)
- 101 - Improvement Notices
- 11 - Prohibitions
2006
- 104 - Penalty Infringments Notices (on the spot fines)
- 148 - Improvement Notices
- 4 - Prohibitions
- 1 - Voluntary Closure
Food - Premises Code
Food Premises Code - shops requirements (196KB)
This brochure outlines the requirements for shops and food premises, their construction and setup.
Food - Temporary Stall
Temporary Food Stalls - NSW Food Authority requirements
This brochure outlines the requirements for the construction and operation of temporary food stalls.
Food - Sausage Sizzles and Barbecues
Sausage Sizzles and Barbecues - requirements (67KB)
Sausage sizzles and BBQs are a popular way to raise money for charities and community groups. They are often held outdoors to take advantage of Australia's good weather and open spaces. Provided you take some simple food safety precautions and sell freshly-cooked and straight from the barbecue, the food should be safe.
Frequently Asked Questions - Domestic kitchens used for commercial purposes
Enquiries are received by Council from time to time concerning the suitability of using a domestic kitchen in which to prepare food for sale.
It is difficult to generalise with such enquiries as to the suitability of a domestic kitchen since the size and complexity of the proposed use will vary considerably as may the individual's approach to routine food safety and hygiene matters.
The following frequently asked questions and answers are intended to assist with such enquiries from, both a town planning and food safety perspective:
Do the food laws allow the use of a domestic kitchen? Yes, the Food Safety Standards do permit domestic premises to be used for commercial food preparation in some circumstances.
Do I need to get approval from Council prior to using a domestic kitchen for commercial purposes? Yes, development approval is required from Council. Each development application will be assessed on its merits including the type, size and frequency of business. Smaller, low risk and low impact businesses may be approved however larger business activities should be located in a non-residential zone.
Is my kitchen required to be a commercial standard? This will depend on the proposed use. Most domestic kitchens have limitations in terms of the construction, the equipment and appliances available. A domestic kitchen may be suitable for low risk usage such as a bed and breakfast but generally will not comply with the relevant standards for commercial food preparation.
What are the relevant standards of construction? Potential operators should be aware of the construction requirements of Australian Standard 4674.2004-Design, construction and fit-out of food premises as well as the requirement of Food Safety Standards 3.2.2 and 3.2.3 under the Food Standards Code. Information in regard to the former can be accessed from Council's web site here:
Food Shops Establishment requirements (196KB)
and in regard to the latter from www.foodstandards.gov.au
What construction issues do I need to be aware of? Commercial food business operators, from a construction perspective, are required to meet the requirements of AS 4674.2004 and the above Food Safety Standards. These requirements relate to the use of easy to clean materials on the floor, walls and ceiling as well as adequate hand and equipment washing facilities and sufficient bench space for food preparation and sufficient refrigerators/warmers, if necessary.
These same requirements will apply to domestic kitchen being used for commercial purposes.
What are the minimum washing requirements? Separate hand and equipment washing facilities are required. A hands free operated wash hand basin with a supply of warm water through a common mixing spout is required together with a supply of soap and disposable paper towels.
A dishwashing machine is preferred for equipment washing because normal hot water temperatures in a sink situation are not sufficiently high to ensure that appliances are not only washed but also sanitised. Some discretion is available to Council to vary the minimum hand washing facilities for low-risk, part time food preparation.
What types of uses are unlikely to be approved? Business operations involving high-risk foods (for example, rice, chicken, seafood, meat, dairy products, casseroles, sandwiches etc) in catering or other similar activities in which preparation/cooking/cooling/transporting is involved would not be permitted.
Council will generally assess an application on an individual merits basis, for example the use of a domestic kitchen for one day per week to make cakes/sweets/confectionery/jams for a market is considerably different to everyday use for commercial purposes.
Will Council inspect my kitchen? Yes, Council inspects food premises within the local area. These inspections may be carried out without prior warning and an inspection fee is charged.
Are there other food safety issues of which I need to be aware? Potential operators should make themselves aware of the relevant requirements in the Food Standards Code and the Food Safety Standards. These will include but not be limited to the:
- Health and hygiene responsibilities,
- Skills and knowledge requirements for food handlers,
- Cleaning and sanitation requirements,
- Temperature control requirements
- Food labelling and food recall requirements, if preparing packaged/bottled/tinned foods.
Normal household activities such as the access by cats or dogs, smoking, furnishings such as curtains, mats, pot plants, the storage of personal items, the changing of nappies in a domestic kitchen, can pose food safety risks if not addressed.
Do I need to register the business with anyone? Yes, all commercial food premises must be registered with Council. In addition, there is a mandatory requirement to register the details of the business with the new South Wales Food Authority. This can be done online at www.foodnotify.nsw.gov.au
Where can I get more information? Call Council's Environment and Building Compliance team on 9936 8100 for any additional information. Alternatively information can be accessed from the following web sites www.foodstandards.com.au or www.foodauthority.nsw.gov.au
Frequently Asked Questions - Food Businesses
Why does Council charge an annual inspection fee? In the case of Environmental Health inspections, fees were introduced in 1993 to contribute to the costs of inspection, administration, education and compliance services.
Council approved fees are charged once a year for Inspection of Food premises (high, medium and low risk), hairdressing, beauty and skin penetration (tattooing, electrolysis & acupuncture) premises, air conditioning cooling towers and boarding houses/hostels.
A re-inspection fee may also be charged if a non-compliant premises requires more than the approved number of inspections in one year.
What is the Legal basis for charging fees? Section 608 of the Local Government Act 1993 provides that Council's in NSW may charge approved fees for various services provided.
Fees are placed on public exhibition for comment
In May of each year, Council's Draft Management Plan (including proposed fees) is advertised in the local press and placed on public exhibition for 28 days. Comments or objections from the public on the proposed fees and charged are invited during that period.
Following the 28 day exhibition period, comments and objections from the public are considered and Council then adopts the fees and charges, with any changes.
The current fees and charges are detailed in Council's Management Plan.
Failure to pay fees may result in the debt being referred to a debt collection agency and details may be forwarded to credit authorities in the event of non-payment.
Have you notified your food business with North Sydney Council and the NSW Health Department? The New National Food Safety Standards are now in place. These standards require you to register your food business details with the NSW Food Authority.
You can notify online at the NSW Food Authority Website or www.foodnotify.nsw.gov.au There is no charge notifying on the internet.
Council keeps a register of food premises, which assists in the regulation, inspection, education and identification of premises in the event of an outbreak of food borne illnesses.
What information is required for Notification? You will be required to supply basic details about your business including: proprietor's name, business address, type and nature of your business and food supplied/processed, and location of all food outlets of premises used by your business.
If you have recently purchased a food business or ownership of an existing food business has been transferred to a new owner, a new notification is required.
Changes to business details like name, address or type of food handled or sold require you to update your existing notification.
What happens if I do not notify? Current legislation allows the NSW Food Authority and Councils to prosecute businesses for failure to notify their details on the Notification Database. The maximum penalty is $2750. Alternatively, a Penalty Infringement Notice maybe served.
Making a complaint about a food premises When consumers purchase food, they are protected under the Food Act 2003, which is enforced by the NSW Food Authority and Council. As a customer, you can complain about:
- unsafe practices involving food or a food outlets
- a food product that has made you or someone you know sick
- dirty premises or poor food handling
- foreign objects in food
- a food product that has been tampered with.
If you work in the food industry, you can complain about:
- a trader who is selling food that is falsely described or does not comply with a prescribed standard
- a trader who is making misleading claims, eg. about nutrition or improper labelling;
- a trader who has adulterated food, eg. used an illegal additive or preservative.
To make a complaint contact the NSW Food Authority or Council's Environmental Health Officers, and provide the following information:
- details of the product - brand, name, packer's or manufacturer's address, country of origin, size, date code, batch code
- purchase details - place, date, who served you, receipts
- a written statement including a brief outline of your complaint, your name, address, telephone number and signature. In rare situations we may act before we receive a written complaint
- whether you wish to be known to the food business - your details will be confidential unless you expressly wish otherwise.
- the food item, if possible, noting that if you hand it over you lose ownership of it.
The information you provide is confidential and not available to food businesses without your consent.
Your Local Public Health Unit is:
Northern Sydney Area Health Service
Hornsby Hospital
Palmerston Road
Hornsby 2077
Phone: (02) 9477 9400
North Sydney Council
Environmental Health Officer
Phone: (02) 9936 8100
NSW Food Authority
6 The Avenue of Americas
Newington NSW 2127
Phone: 1300 552 406
Fax: 02 9647 0026
