In accordance with the Food Act 2003 any person wishing to sell, store, transport or handle food for sale (includes charitable and community events) must obtain registration under the act before commencing operations. To obtain registration an applicant is to complete the 'Notification of a Food Business form', this form is to be forwarded to Council's Environmental Health Officer, who will forward an 'Application for Registration of a Food Business'.
Food Act 2003 is a Act to ensure the provision of food that is safe and fit for human consumption and to promote good nutrition and for related matters
For further information please contact Derwent Valley Council's, Environmental Health Officer on (03) 6261 8500.
There are many food businesses located within the Derwent Valley Council area, including community and charity organisations, restaurants, hotels, cafes, bakeries, supermarkets, child care centre, nursing home and hospital.
Council’s Environmental Health Officers (EHO’s) are involved in conducting routine inspections of these businesses to ensure compliance with the Food Act 2003, Food Regulations 2002 and Food Safety Standards as well as to provide advice and guidance on food safety to business owners.
What is a food business?
A food business is any business that handles or sells any type of food for sale, with the exception of some primary industry activities. Manufacturers, restaurants, take-away and supermarkets are clearly food businesses. Less obvious food businesses include B&B's, food stalls at fetes, service stations that sell packaged food, and food provided under a contract of service such as supper served at a dinner dance or lunch served at a staff canteen.
Starting a food business
The Food Act requires food businesses to submit a Food Business Notification Form to Council before commencing operation or when ownership changes. This information will ensure Council has correct and up to date contact details, location and the nature of the food business. The Food Business Notification form is only required to be completed once, unless the details of the food business change.Council also strongly recommends that you seek advice from an Environmental Health Officer on the fit out of any food business before undertaking any upgrades of premises to ensure that your works comply with requirements of the Food Safety Standards.
The scenarios below will assist in determining if a Food Business Notification Form is required.
Routine food inspections
- Receipt of food
- Storage of food
- Processing of food
- Display of food
- Packaging of food
- Transportation and distribution of food
- Recalls/food disposal
- Health, hygiene and knowledge of food operators
- Condition and hygiene of food premises
Food inspection fee
Enforcement
Where offences relating to food safety occur, Environmental Health Officers have the power to issue Infringement Notices or for more serious matters, may issue an Improvement Notice or Prohibition Orders which have substantial penalties for non-compliance.
Food Stalls
If you would like to have a food stall on the street you need to complete a Food Business Notification Form and a Temporary Food Permit Notification Form. Unless your stall is for a charity or fundraising organisation, there is a $5.00 fee for your stall that you pay when you lodge the form.
If you wish to run an event with food and other stalls on private land you will need to complete an Event Organiser Temporary Food Event Notification Form and ensure all food stall holders complete a Food Business Notification Form. There is no lodgement fee.
Home Activity
If you would like to prepare food at home for a sports event, community event or charity event you need to decide if you are selling the food, or are the people you give the food to selling it as part of an event? For example, a meal included in the event cost?
If you are not charging for the food it is not regulated by the Food Act or Council. However, you still have a general duty of care under the Tasmanian Public Health Act to ensure the food you give away does not make people ill.
If you are selling the food you need to complete a Food Business Notification Form.
Accomodation Business
If you would like to open a B&B will you be providing food as part of the accomodation, or are you providing self contained accomodation where the guests buy and prepare their own food?
If it is self contained it is not regulated by the Food Act or Council.
If you are providing food you will need to complete a Food Business Notification Form so your B&B can be correctly classed and your details recorded. There is no lodgement fee.