Regulations for local food businesses
Building or opening a new food premises
When opening a food business, knowing and understanding the requirements at the get-go will ensure you avoid unnecessary challenges later. In addition to reading this page, you should contact our Duty Planner and Public Health Officer to discuss your proposal. If you need to lodge a DA, please go to our Planning & Development section for details.
Food businesses within NSW must comply with the following legislation and standards:
- NSW Food Act, 2003. Law that covers all food businesses within NSW.
- NSW Food Regulation, 2010. Law that covers all food businesses within NSW
- Food Standards Australia New Zealand – Food Standards Code. The standards that all Australian food businesses must meet whilst in business.
If you wish to have outdoor dining at your café or restaurant, you need to apply with Council and lease the area. Cost is based on size of outdoor dining area and location within the LGA.
Outdoor Dining Policy
Building or modifying a food premises
If you are building a new food premises or plan to make changes to an existing kitchen, you must ensure that your design and construction meets the Australian Standard AS4674-2004 – Design, Construction and Fit out of Food Premises. This standard applies to all new food premises constructed in Australia. A copy of Australian Standard 4674-2004 is available at a cost from Standards Australia. Once you have completed construction, contact us and we will undertake an inspection to ensure that you meet the Australian Standard.
Before opening your business, you must register your business with Council by completing and returning a Food Premises Registration.
If you operate a food business, you are responsible for ensuring that food prepared by you doesn't make somebody sick. Council’s Food Safety Surveillance Program is aimed at ensuring food sold in the LGA is safe and suitable. The program is designed to educate food businesses on best practices and regulate food businesses for compliance with legislation.
All food businesses are categorised using the Food Standards Australia New Zealand (FSANZ) classification scheme, which categorises businesses based on the type of food sold.
Council will routinely inspect your business to ensure you comply with relevant legislation. We will also provide you with assistance and advice to help you and your business meet the highest food safety standards possible. Council's Food Safety Surveillance Strategy outlines how we undertake inspections and how we will monitor food safety across Council’s area.
Food Safety Supervisor Requirement
The law requires that most NSW food businesses have at least one Food Safety Supervisor (FSS). A Food Safety Supervisor is a person who works at your food business that has undergone formal training as outlined by the NSW Food Authority. To become an FSS, you must complete formal training at an approved training organisation.
Once training is completed, a Food Safety Supervisor Certificate is issued by the RTO and is valid for five years.
A copy of the FSS certificate must be supplied to Council along with the FSS notification form and a copy kept at the food business and available upon request at any time. Infringement notices can be issued where a food business fails to meet the above requirements.
For more information visit the NSW Food Authority.
Enquiries and complaints
Council investigates general complaints about food businesses relating to foreign matter in food, dirty premises and poor hygiene. Phone our Public Health Officer on 1300 87 83 87.
Complaints involving food poisoning are to be directed the NSW Food Authority on 1300 552 406. To assist you must have the following information available: the nature, time and location of the incident, name and address of the premises, function or event where you believe you consumed the food, symptoms and when illness occurred, what was eaten including all condiments.