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 Food Businesses 

Regulations that apply to food businesses

1.      Food Act 2003

2.      Australian/New Zealand Food Standards Code

3.      AS/NZS 4674:2004 – Design, construction and fit-out of food premises

Refer to the NSW Food Authority for further information and fact sheets in relation to Food Safety.

Who needs to register with Council?

All retail food businesses including mobile and temporary food vendors are required to be registered with Council. All food businesses are required to notify the NSW Food Authority on www.foodnotify.nsw.gov.au

All retail food businesses operating within Coffs Harbour LGA are required to be registered with Coffs Council are subject to health inspections. Temporary Food Stalls and Mobile Food Vendors are also required to register with Coffs Harbour City Council with the exception of proof of current registration with another local council. 

Coffs Council Food Business Registration Form

Food Business Registration Form (.docx version)
Food Business Registration Form (.pdf version)

and

Registration of Food Business Checklist (.docx version)
Registration of Food Business Checklist (.pdf version)

In addition to the above, all food businesses are required to notify their business to the NSW Food Authority.


Fixed Food Businesses
Preparing food at home that is intended for sale
Temporary Food Stalls
Mobile Food Vendors
Water Carriers
Food Safety Supervisors

Fixed Food Businesses

  1. Contact Council's Development Assessment Unit to determine whether a development application is required,
  2. Ensure compliance with the relevant Legislation, Australian Standard and Food Standards Code. Refer to the section ‘Regulations that Apply to Food Businesses’ for more information.
  3. Prior to operating a food business from a premises approved for food sale, you may request a pre-purchase or pre-opening inspection by Council’s Environmental Health Officer - use the Health Enquiry Form.
  4. Submit a completed Food Business Registration Form (see above) and the applicable fee.
  5. Appoint a Food Safety Supervisor to operate within the business.

Preparing Food at home that is intended for sale

  1. All prospective home food businesses must submit a Development Application to Council's Development Assessment Unit prior to operation. The submitted application will then be assessed against relevant and applicable legislation to ensure compliance.
  2. Home based food businesses are regulated by the NSW Food Authority (if your home is NOT the point of sale). Notification must be made to the NSW Food Authority online or on 1300 552 406 of the existence of your approved home food business.

Temporary Food Stalls 

Temporary food stalls include any structure set up for a specific, occasional event, such as a fete, fair, market or concert. Facilities should be constructed to ensure food safety, promote a good standard of food hygiene and enable easy cleaning and maintenance. 

A completed Temporary Food Vendor Help Sheet and Checklist and the required information must be submitted to Coffs Harbour City Council along with the Food Business Registration Form prior to attending an event.

Registration of Food Business Checklist (.docx version)
Registration of Food Business Checklist (.pdf version)

Temporary Food Vendor Help Sheet and Checklist (.docx version)
Temporary Food Vendor Help Sheet and Checklist (.pdf version)

Out of town food vendors are not required to register with Coffs Council provided a copy of their current food business registration with another Local Council is available onsite when operating within Coffs Harbour LGA.

Food vendors should obtain a copy of the NSW Food Authority ‘Guidelines for food businesses at temporary events’ prior to commencing operation to ensure compliance with food safety.

Mobile Food Vendors

A mobile food vending vehicle is any means of transport, whether self-propelled or not, or otherwise designed to be movable from place to place, and which is used for selling food, whether on land, sea or air. It includes vehicles used for on-site food preparation (e.g. hot dogs), one-step food preparation (popcorn), and the sale of any type of food including pre-packaged food.

Council’s Mobile Food Vendor Procedure provides further detailed information relating to the application, inspection, approval and operating requirements that apply to the operation of Mobile Food Vendors within the Coffs Harbour local government area.  Applicants are requested to familiarise themselves with the procedure prior to submission of an application.

Mobile Food Vendor Procedure (.docx version)
Mobile Food Vendor Procedure  (.pdf version)

A completed Mobile Food Vendor Help Sheet and Checklist and the required information must be submitted to Coffs Harbour City Council along with the food business registration form prior to commencing operation.

Registration of Food Business Checklist (.docx version)
Registration of Food Business Checklist (.pdf version)

Mobile Food Vendor Help Sheet and Checklist (.docx version)
Mobile Food Vendor Help Sheet and Checklist (.pdf version)

Out-of-town food vendors are not required to register with Coffs Harbour City Council provided a copy of their current food business registration with another local council is available onsite when operating within Coffs Harbour LGA.

Food vendors should obtain a copy of the NSW Food Authority ‘Guidelines for mobile food vending vehicles’ prior to commencing operation to ensure compliance with food safety.

Event/Market Organiser's Responsibilities

The event/market organiser is responsible for ensuring each food vendor attending the event/market has supplied the following information before attending an event/market:

  1. Current registration with Coffs Council, another local government authority or (in the case of those businesses who require a licence) the NSW Food Authority
  2. A current Food Safety Supervisor Certificate
  3. Confirmation of NSW Food Authority Notification

The event organiser must keep an up-to-date list of all the food vendors attending the event/market. The event/market organiser must also ensure each food stall is supplied with the following during operation:

  1. Clear access to an adequate supply of potable water
  2. Ample facilities for waste disposal (including general rubbish and wastewater).

Note: If your event is new to the Coffs Harbour region or large-scale (expecting high attendance and/or is happening over a large area), you must contact Council’s Environmental Health team prior to commencement of works.

Water Carriers

If you are registering as a Drinking Water Supplier you must adhere to and comply with the requirements of the following legislation:

Notes for Water Carriers:

The NSW Guidelines for Water Carters 2012 prepared by NSW Health and the NSW Food Authority assists water carters in understanding their responsibilities associated with providing safe drinking water and meeting compliance with the requirements of the Public Health Act 2010, the Public Health Regulation 2012, the Food Act 2003 and the Local Government Act 1993. 

From 1 September 2014, drinking water carters must develop and adhere to a quality assurance program. A copy of the completed quality assurance program document must be provided to the local NSW Health Public Health Unit.

Food Safety Supervisor

Certain food businesses in the hospitality and retail food service sector are required to appoint at least one trained Food Safety Supervisor (FSS). Certification must be located on the food premises and be readily assessable for inspection by an authorised officer.

Health Inspections

All food premises including mobile and temporary operating in the Coffs Harbour Local Government Area are subject to health inspections by Council’s authorised officer’s to ensure compliance with relevant legislation.

In accordance with the provisions of the Food Act 2003 and the Food Standards Code Council’s Authorised Officers may inspect food premises at any time during operation.

Once the inspection is complete, a copy of the inspection report will be provided for your reference.

If subsequent inspections are required by Council due to non-compliance, an additional re-inspection fee may be invoiced.

Temporary Food Stalls and Mobile Food Vendors that have undergone an inspection by another Local Council within the current financial year must ensure a copy of such an inspection is located onsite for inspection by an Authorised Officer.

Coffs Harbour City Council