Health Services Information Sheet 21
Guidelines and Application for a Stallholder's Permit
You may be aware, that in October 2009 the new Food Act 2008 and the Food Regulations 2009 took effect, replacing the previous food legislation. This new legislation brings WA into line with nationally consistent food safety law. Temporary and mobile food businesses are captured by the definition of ‘food business’ in this legislation and the Act requires compliance with all relevant provisions.
The Act also calls up the Australian Food Standards Code to provide specific food safety requirements. These standards can be accessed at the Food Standards Australia New Zealand website. Please be aware there are significant penalties for non compliance with this legislation.
As a result of the new Food Act 2008, temporary and mobile food businesses must notify themselves to their relevant local government and may require registration under the Act. If your temporary or mobile food business is based in the Town of Bassendean (commercial address or residential address where vehicle is garaged or food is prepared / stored), then you will need to complete and submit a Food Business Registration/Notification Form with this application (if not done already). Notification/registration is done once only (not annually), and remains valid as long as there is no change in the food business operation and activities.
If your temporary or mobile food business is based outside of the Town of Bassendean, you will need to liaise with your relevant local government with regards notification/registration of your food business. The Town will accept written evidence (photocopy of your registration certificate or notification), from any local government as part of your application for a stall holder / trader licence within the Town and will not require duplicate registration in the Town of Bassendean if such evidence is provided.
If you sell food that you prepare and/or store in a residential premises, you will also need to contact your home local authority to obtain the relevant approvals.
Temporary structures, outdoor cooking facilities
Definition:
For the purpose of these guidelines temporary structures and outdoor cooking facilities include structures or appliances used for outdoor cooking or the sale of food in conjunction with food premises or temporary functions or events.
- Where an outdoor cooking facility is fixed or regularly used, a hand basin with a piped water supply, soap and hand drying facilities must be provided.
- For one off temporary functions or events a separate dish reserved for hand washing may be approved provided it is supplied with a suitable bactericidal soap, a nail brush, disposable towels and clean water which is changed regularly.
Temporary structures and outdoor cooking facilities must be sited on a paved area which is evenly graded and capable of being easily cleaned. Where this is not the case a suitable cover such as polythene sheeting may be approved, provided that it is maintained in a clean condition throughout the duration of the event.
Mobile food units
Definition:
A facility with or without wheels used for the carriage or conveyance of food offered for sale to the public and which is:
- hand drawn or hand supported;
- towed; or
- temporarily positioned, but does not include a food vehicle.
| Description of Products Being Sold | Requirements of Mobile Food Units |
|---|---|
| Pre-packed Foods Pre-packed foods such as soft drinks, ice cream, peanuts, potato chips, sweets. |
A simple mobile food service facility, which must be constructed of smooth, impervious material and be designed for easy cleaning. Provisions for temperature control of ice-cream or drinks may be attained with crushed ice. |
| Bulk Foods Bulk Foods which are sold by the vendor but which are used in conjunction with and in close proximity to approved food premises. |
In addition to the above requirements, the following is required: (a) overhead cover with a minimum standard of canvas awning; (b) a hand basin, connected to an effluent receiving tank, with running water, soap, disposable towels, nail brush and a receptacle for used hand towels; (c) food containers with close fitting, self closing lids or, containers by which food is dispensed by the food vendor through a chute or gate; (d) containers with rounded edges, free of cracks and designed so as to be easily cleaned; (e) where practicable, a barrier erected on 3 sides of the dispensing area constructed of smooth, impervious material, such as Perspex, to prevent contamination of the product by human breath or wind borne contaminants or impurities; and (f) a sink connected to an effluent receiving tank for cleaning food handling utensils. |
| Others Hot dogs, popcorn, fairy floss, chips, hot potatoes, doughnuts or any other food approved by the Executive Director, Public Health. |
In addition to all the above requirements the following is required: (a) hot water provided to the hand basin; (b) hot water provided to the sink; and (c) a washable rubbish disposal bin with a tight fitting lid for refuse disposal. |
Food vehicles
Definition:
For the purpose of these guidelines, a food vehicle is a vehicle whether mobile or stationary used for food preparation including heating or cooking of food for sale.
Minimum standards applicable to food vehicles are:
Walls & Ceilings - shall be smooth durable, resistant to corrosion, non toxic and impervious to water and free from cracks, open joints, crevices and other defects and finished in a light colour; examples of approved materials include stainless steel, colour bonded metal, steel, laminated plastics (Formica, laminex or panelyte).
Floors - shall be smooth, seamless, slip resistant, durable and impervious to water; and coved at floor/wall junction at least 9.5mm and extending up the wall a min of 70mm with;
Cupboards, Cabinets and Work Benches - shall be backless and sealed to the wall (on metal legs 150mm high), with at least 600mm of tiles above; or at least 150mm off the wall or vertical surface (on metal legs 150mm high). Cupboard surfaces and counter tops are to be finished with a smooth impervious material;
Double Bowl Sinks - to be supplied with hot and cold running water with a single outlet. A commercial type hot water unit is required capable of supplying hot water of not less than 75oC. The sink should be on brackets fixed to the wall.
Equipment - all stoves, refrigerators, bain maries etc., must be placed on castors or metal legs at least 150mm high to facilitate easy cleaning behind and beneath.
Hand Wash Basins - supplied with hot and cold running water with a single outlet. Where potentially hazardous foods* are processed, hand basins must be installed which can be operated other than by hand. All hand basins are to be provided with soap or suitable detergent, single use towels or other approved hand drying facilities and a waste receptacle.
Mechanical Extraction - a mechanical exhaust system is required for the purpose of the local exhaust of heat, fumes and vapours arising from cooking and/or heating appliances. The Extraction System must comply with the requirements of the Australian Standard AS 1668.2-1991. Details of proposed systems must be submitted for approval prior to installation.
Shelving - smooth, washable, impervious, at least 150mm clear of floor and supported on metal legs where free standing and either sealed to the wall or kept 40mm clear of walls.
Exclusion of Insects, Dust - All doorways, windows and other openings must be protected so that flies, dust and flying insects are excluded.
Wastewater Disposal - Provision must be made for the disposal of wastewater. Vans at temporary functions which do not have their own holding tank are required to provide a suitable impervious holding tank bolted with a screw connector or another system approved by an Environmental Health Officer.
Operational Requirements of a Food Stall
The following measures shall apply with respect to operation of a Food Stall:
- All food must be protected from all sources of contamination such as dust, flies, human breath or smoking.
- Perishable foods must always be maintained at temperatures below 5 degrees Celsius or above 60 degrees Celsius.
- All food stored for sale or intended for human consumption must be kept at least 150mm clear of the floor.
- Food handlers must at all times observe the provisions of the Food Handlers Chart provided by the Health Department of Western Australia (Page 6).
- Food stalls must be located at least 30 metres from any place where animals are kept or are likely to be kept for the duration of an event.
- Foods such as plain cakes, jams, pickles, preservatives which are prepared and packaged prior to the event must be clearly labelled showing:
The name and address of the manufacturer or seller.
The common name of the product.
List of Ingredients
Date of manufacture
- Washable waste disposable receptacles with tight fitting lids must be provided.
- All equipment and appliances must be thoroughly cleaned after use and as far as practicable kept clean and protected from contamination when not in use.
- The proprietor of an outdoor cooking facility must ensure that the serving, preparation and carving of food is conducted in an approved food premises unless food from the facility is served to a customer immediately after cooking.
"Potentially Hazardous Food" - means all prepared or cooked food which consists of dairy products, eggs, meat, poultry, fish, seafood, gravies or ingredients capable of supporting rapid and progressive growth of infectious or toxic organisms.
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