Food Business Information

Food businesses must comply with the requirements of the Food Act 2008, the Food Regulations 2009, and the Australia New Zealand Food Standards Code.  Chapter 3 of the Australia New Zealand Food Standards Code (also referred to as the Food Safety Standards) outlines the structural requirements your premises must meet, as well as the essential food handling and staff hygiene practices that must be followed to ensure the production of safe food.

The following information sheets can assist you with ensuring that your business is meeting the requirements of the above laws:

Taking over an existing Food Business

If you are taking over an existing food business it is recommended that you request a settlement enquiry through a settlement agent.  This is so you (via the Settlement Agent) are provided with a written report regarding any outstanding works or orders for the premises.  A fee is associated with the enquiry.  If you do not choose to go through a Settlement Agent and obtain any information pertinent to the food business you will, as the new owner, inherit any outstanding works / orders in relation to the food business.

A Food Business Notification/Registration Form must also be completed before taking over any business.  

All food businesses must notify the Town of Bassendean in the prescribed form of their intention to conduct a food business (fee applies).  It is an offence under the Food Act 2008 to not notify the Town of your intention to conduct a food business.

If you are taking over a food business that has been closed for a period of time, upgrading may be required to ensure that the food business complies with current legislation, or in order to be suitable for the type of food you are intend to handle.  You must contact the Town’s Health Services prior to opening to arrange a meeting with an Environmental Health Officer at the business.  This is also a good opportunity to discuss any changes that you intend to make to the premises prior to opening. 

You must not open the food business until you have submitted Food Business Notification/Registration Form, paid all relevant registration fees, and received a Certificate of Registration from the Town of Bassendean. 

Setting up a new Food Business

If you are setting up a new food business in the Town of Bassendean it is your responsibility to obtain all relevant approvals from the Town: Planning approval for the activity on the relevant property, if this has not been approved already; Building approval if constructing or fitting out a building; and then Health approval to ensure the food business meets the requirements of the Food Act 2008.

You should seek or confirm Planning approval first, to confirm the property you wish to use has, or can receive, Planning approval for the proposed activity.  A Building Licence application and Health application can be submitted subsequently.

You will be required to submit 2 copies of your premises structural fit out to the Town's Environmental Health Officer (EHO) together with the Application and Guidelines For The Establishment Or Alteration Of A Food Business once you submit for your health approval.

Once you've lodged your application, it will be assessed by Health Services, and an Approval document will be sent to you.   You must not start constructing your food premises until approvals have been granted by all departments.

Before you can start operating your food business or make any significant changes to what you sell or handle in your food business, you are required to notify or register with the Town.  Please complete a Food Business Notification/Registration Form and submit it to Health Services.

Temporary Food Businesses

Temporary food businesses such as stalls and vans must obtain a Temporary Food Business Permit before trading within the Town of Bassendean. To apply, please complete the Application for a Temporary Food Business Permit.  An application fee will apply, unless the organisation is a charity or community group. Completed applications must be received by the Health Services at least 21 days prior to the proposed day of trading. Please ensure that all required information, forms and payment details accompany your application in order to avoid any delays with processing your application.

For Charity or Community Groups, please refer to the Fundraising and charitable activities section below.

Home Based Food Business

The approval of a home based food business is a two part process.

Development approval – Information about the requirements for home occupation /home business approvals, is available by contacting Planning Services on 9377 8000.

Health approval - The Town will only grant approvals to food businesses that are involved in ‘low risk’ activities.  Below is a guide of low risk food activities listed by the Department of Health.

Low risk food activities includes the production of:

·         Jams, marmalades;

·         Flour based products such as biscuits, shortbread, scones, buns, muffins and cakes which do not contain potentially hazardous

          foods such as cream and custards;

·         Nougats, fudge, meringues, Turkish delights;

·         Food additives such  as cake decorating, repacking of bulk packaged low risk confectionery products;

·         Pickled onions;

·         Herb vinegars with a pH of less than 4.5;

·         Chutneys, relishes and sauces that are heat treated by boiling or cooking;

·         Dry curry powder / spice mixes if ingredients are purchased from an approved food business.

Fundraising and Charitable Activities

Section 6 of the Food Act 2008 allows for certain food preparation activities of a charitable or community nature to be exempt from all or any provisions of the Act.  With this section in the act, food regulations prescribe an exemption from registration to food businesses conducted as fundraising events so long as:

  • The food business is conducted to raise money solely for purposes that are of a charitable or community nature
  • Any food handled in the course of conducting the food business is not potential hazardous foods
  • Any food handled in the course of conducting the food business, after being cooked, is provided by the food business for immediate consumption.

This means that premises used for the preparation of non-potentially hazardous food by volunteers will not need to be registered.  The people who intend to carry out a charitable or fundraising event will still be required to notify the Town of Bassendean of their food preparation activities.

Name and Shame Website - Publication of Names of Offenders

The Department of Health (WA) maintains a web based publication that lists food businesses and individuals that have been convicted of an offence under the food Act 2008 and its subsidiary legislation relating to the handling of food.  The purpose of maintaining the list is to provide consumers with information to enable them to make informed decisions about where they buy food.  The Town of Bassendean is compelled by the Food Act to forward details on any prosecutions to the Department of Health, who will then publish on their website.