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Retail Food Business

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Retail Food Premises

All food premises are required to be registered with Council. A food business registration form can be completed and sent to Council outlining the type of business to be registered.

New business operators are encouraged to discuss any new proposals with Council's Planning and Environmental Services Department to ensure compliance with the minimum standards of the relevant Food Codes and Regulations before commencing any work. An inspection of any proposed new premises is also recommended.

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 Notice (PIN is an on-the-spot fine).
  • The institution of legal action.
  • The use of an Improvement Notice 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 committed to ensuring that the food safety and hygiene aspects of each food business are maintained at the highest standard.

Blayney Shire Council is pleased to offer the I'm Alert - Food Safety Course.  The "I'm Alert" training program is a self paced user friendly program covering all aspects of food premises safety. "I'm Alert" is recommended for all persons working in food premises. To complete the training simply click on the I'm ALERT Food Safety link and start the course. Some sections of the interactive online training include a quiz. Upon completion of the selected course, a training acknowledgement form can be printed and filed as part of your food safety records.

Food Safety Supervisor

The Food Act 2003 (NSW) requires certain food businesses in the NSW hospitality and retail food service sector to have at least one trained Food Safety Supervisor (FSS). The FSS needs to have gained specific units of competency under the national Vocational Education Training system. The NSW Food Authority's FSS program was established to help reduce foodborne illness in the hospitality and retail food service sectors in NSW by improving food handler skills and knowledge. The program also aims to provide food businesses with high quality and consistent training by a Registered Training Organisation (RTO) that has been approved by the Food Authority. For further details please visit the NSW Food Authority.

Temporary Food/Drink Stall

Businesses that sell food at temporary events such as fairs, festival, markets and shows are considered retail food businesses as they sell food to the public, and need to meet a range of requirements and must complete and return to Council an application to operate a temporary food/drink stall.

The NSW Food Authority website has information and associated requirements for vendors of foods at temporary events for more information please click on the links below.

NSW Food Authority Guidelines for Food Businesses at Temporary Events

NSW Food Authority Guidelines for Mobile Food Businesses

Millthorpe Markets

If you intend to serve food, fresh or prepared offsite, you must complete the Blayney Shire Council's Application to Operate a Temporary Food/Drink Stall and provide it to the Millthorpe Markets organising committee via their website. The Millthorpe Markets Committee will compile these and provide them to Blayney Shire Council. Download the application to operate a temporary food/drink stall form here.

All food prepared prior to the event must have their home Council’s approval. Please refer to the below diagram for guidance. Please contact Council's Planning and Environmental Services Department for any further assistance. 

 

Home Business

Home based food preparation operations are permitted in some circumstances. Download Council's guidelines for the preparation at home of food for sale provide additional information about what Council requires including the submission of a food safety plan. An inspection of your premises will be carried out by Council's Environmental Health Officers to ensure compliance with the relevant food standards before any food production is permitted. For further information on operating a home food business please contact Council’s Planning and Environmental Services Department. 

Last modified: 07 Sep 2022

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