The National Food Business Notification System
Information for State and Local Governments
June 2001
Acknowledgments
This paper was developed by the National Food Business Notification System Working Group, coordinated by the Australia New Zealand Food Authority (ANZFA), which comprised:
Rod McCarthy | New South Wales Health Department |
Mark Hansen | Queensland Department of Health |
Fay Jenkins | South Australian Health Commission |
Tracy Ward | Territory Health Services |
Bronwen Harries and Catherine Gay | Victorian Department of Human Services |
John Martinkovic | Brisbane City Council |
Peter Tormey | Australian Quarantine and Inspection Service (later replaced by Jennifer Ritchie, Agriculture, Fisheries and Forestry - Australia) |
Graham Parnell | National Association of Retail Grocers |
Andrew Baker and Allen Roberts | Mixed Business Association of Victoria |
Jenny Williams | Australia New Zealand Food Authority |
ANZFA expresses its appreciation of the assistance from these people throughout the development of the notification system and acknowledges that the views contained in the report do not necessarily represent the views of the working group members or their organisations.
Further copies of this paper may be obtained by contacting the FSANZ Information Officer by phone on 61 2 6271 2241 or by fax on 61 2 6271 2278.
Contents
Acknowledgements
Executive Summary
What will be required?
Who will have to notify?
When will businesses have to notify?
Relationship to registration
Introduction
Principles
Objectives
What is the food business notification requirement?
Notification information
Scope
Relationship to food business registration
Relationship to the priority classification system and audit frequency
Who has to notify?
The enforcement agency
Contact details
Nature of business
Location of the food premises
When must businesses notify?
Changes to the notification information
Charities, volunteer and not-for-profit organisations
Food vending machines and vehicles used to transport food
Multiple premises across States or Territories
Temporary food premises
Mobile food premises
Food transport businesses
Failure to notify
Duration of notification
Fees
Notification form
Acknowledgement of notification advice
Appendix 1 Food Business Notification Form
Temporary Events
Additional Notification Information for Mobile Food Vendors
Appendix 2 Information for food businesses about Food Business Notification
Glossary
Executive summary
This paper is the culmination of two public consultations on a food business notification system, the deliberations of the working group convened to consider the issues raised by the consultations, and the agreements reached by State and Territory health departments on the scope and nature of the notification system and other recommendations of the working group in relation to Food Business Notification.
This final proposal for a National Food Business Notification System outlines the scope of the legal requirement, and the policy and administrative considerations. It contains a Food Business Notification Form at Appendix 1 and, at Appendix 2, a short information sheet that can be used by States, Territories and local governments to provide information about food business notification.
It is the responsibility of the appropriate enforcement agency, that is, local government together with the relevant State health department, to implement the notification system at the State and local level.
In order to minimise the regulatory and administrative burden on business and governments, it is strongly recommended that agencies at the State and local level work with the Business Entry Point initiatives. Further information on these initiatives is accessible through www.business.gov.au.
The Australia New Zealand Food Authority (ANZFA) will facilitate coordination between the Commonwealth and States and Territories on ways to implement the system efficiently, building on existing cross-government and national business initiatives.
What will be required?
The notification requirement seeks minimal information about a food business. The proprietor of a food business must provide:
contact details for the food business;
details to identify the nature of the food business; and
details of the location of all food premises
to the appropriate enforcement agency. In most, but not all, States and Territories, this will be the local council.
If a food business is not already registered as a food business, it will be an offence for the business not to provide the above information to the appropriate enforcement agency. Food businesses will need to notify once only, unless the notification information changes.
Who will have to notify?
Food businesses (other than those in primary industry) will be required to notify only if they are not required to register as a food businesses under the Food Act or any other law listed in the regulations under the Food Act in their State or Territory.
Food businesses that are required to notify will need to do so regardless of whether they are high-, medium- or low-risk businesses. This means that businesses such as hospitals, restaurants and others, such as newsagents and service stations that sell food, will be required to notify themselves to their local council.
Charitable and community groups will also need to notify. Simplified arrangements may be in place for some activities of charitable and community groups. Contact your local council or health department for details.
Primary industry businesses will not be required to notify unless:
1. they are conducting food-handling operations such as food service, wholesale or retail operations, or processing food in a substantial manner; or
2. a decision is made by a State or Territory, on the basis of public health and safety considerations, to list a specific primary industry activity as a food business under the State or Territory's food law. This is likely to be an exceptional event.
Notification is not required for individual food vending machines or vehicles used only to transport food, as they are not covered by the definition of 'food premises' in the Food Safety Standards. However, businesses that operate food vending machines, and food transport businesses, will be required to notify of the location of their operations.
When will businesses have to notify?
New food businesses must notify their local council before they start operating.
Existing food businesses, which are not registered food businesses under food or other recognised law, will have three months to notify their local council after the start of the notification requirement.
The notification requirement can commence from February 2002. However, a later starting date may apply in some States and Territories.
Relationship to registration
Food businesses will only be required to notify their local council or register as a food business with their local council (depending on the local policy) but will not be required to do both.
States and Territories will continue to determine food business registration requirements. Existing registration requirements will continue under the new Food Acts.
Notification does not require prior approval by local council or compliance with any conditions, unlike food business registration. The food business notification requirement seeks minimal information from food businesses so that local councils know of their existence, can contact them when required and know what sort of food business they operate.
Introduction
This paper has been developed to explain the food business notification requirement contained in Food Safety Standard 3.2.2Food Safety Practices and General Requirements.
Public comments were received on the initial proposal contained in Proposal P145 -Development of National Food Hygiene Standards,in July 1997 and the discussion paper onDevelopment of Uniform Food Acts for Australia and New Zealand,in February 1998. The comments on the notification proposal in these papers were taken into account in developing a discussion paper,National Food Business Notification System,in November 1998. The discussion paper presented the revised proposal for a further period of public comment.
The National Food Business Notification System Working Group, comprising representatives from the New South Wales, Northern Territory, Queensland, South Australian and Victorian health departments; the Brisbane City Council; the National Association of Retail Grocers; the Mixed Business Association of Victoria; the Australian Quarantine and Inspection Service (AQIS) (later replaced by a representative from Agriculture, Fisheries and Forestry - Australia) and the Australia New Zealand Food Authority, has further developed the proposal for the food business notification system based on the response to the public discussion document of November 1998.
The notification requirement will only apply to food businesses in the primary industry sector when businesses are conducting food service or retail activities, or undertaking substantial transformation of food. There is the possibility of an exception to this situation as a result of a Senior Officials Working Group (SOWG) decision on the applicability of the Food Act to the primary industry sector. SOWG is a working group of the Council of Australian Governments. Further details of this decision are outlined under the Scope section of this document. Applicability to the primary industry sector is only likely to occur in exceptional circumstances and only if prescribed by a State or Territory.
Principles
The following principles have guided the development of the notification system:
· the appropriate enforcement agency is responsible for maintaining its own component of the notification system;
· the proposed notification system will not duplicate existing systems; and
· the administrative and financial burden on businesses and government should be minimised.
Objectives
The proposed objectives of the system are to:
· promote national consistency;
· facilitate the development of a coordinated system that recognises existing food business registration systems; and
· facilitate the development of partnership arrangements between agencies and across levels of government where appropriate.
What is the food business notification requirement?
Under Standard 3.2.2Food Safety Practices and General Requirementsthe following is required:
1. The proprietor of a food business must, before the food business commences any food-handling operations, notify the appropriate enforcement agency of the following information:
(a) contact details of the food business including the name of the food business and the name and business address of the proprietor of the food business;
(b) the nature of the food business; and
(c) the location of all food premises of the food business that are within the jurisdiction of the enforcement agency.
(2) When complying with subclause (1), the proprietor must answer all questions asked by the appropriate enforcement agency in relation to the matters listed in subclause (1) in the approved form for the purposes of the Food Law.
(3) The proprietor must notify the appropriate enforcement agency of any proposed change to the information specified in subclause (1) before the change occurs.
(4) A food business that exists at the time of the commencement of this clause must provide the appropriate enforcement agency with the information specified in subclause (1) within three months of the commencement of this clause.
The model food law also contains offences relating to failure to notify that a food business is being conducted. These provisions require that a business must not conduct a food business unless the proprietor has provided written notice, in the approved form, of the notification information to the appropriate enforcement agency. The maximum penalty proposed is $50 000 for an individual and $120 000 for a corporation.
The food law also requires existing businesses to provide written notification in the approved form to the enforcement agency within three months of the start of these requirements. Maximum penalties of $50 000 for an individual and $120 000 for a corporation are proposed.
In addition, the model food law provisions include an exclusion for food business notification where the food business is already registered as a food business under the Act or a law prescribed by the regulations. This latter provision has been included to ensure existing food business registration systems are not duplicated by the notification requirement.
Notification information
Appendix 1 includes the complete set of information required to meet the notification requirement of Food Safety Standard 3.2.2Food Safety Practices and General Requirements. This information has been developed to help in promoting a nationally consistent approach to the notification requirement by enforcement agencies.
Scope
Food business notification will apply to all food businesses other than those involved in primary food production and those that are registered as a food business under the Food Act or under a law prescribed by the regulations under the Act.
Those businesses in the primary industry sector that also conduct food service or retail activities, or any process involving the substantial transformation of food (for example manufacturing and canning activities) will be required to notify the enforcement agency in relation to these latter activities.
However, the SOWG has made a decision that will enable States and Territories to elect to nominate a food production activity as a food business for the purpose of the Food Acts. This provision will enable States and Territories to require businesses in a sector of primary production to be covered by the requirements of the Food Safety Standards where it considers this necessary, for example for the protection of public health and safety. This will essentially be an opt in clause for areas of the primary industry sector, only if States consider this an appropriate course of action. If States elect to do this, businesses conducting these activities will be required to notify the appropriate enforcement agency of their existence.
It should be noted that the notification system has not been specifically developed with the view of incorporating primary industry sectors. If States and Territories choose to include a primary industry sector under their Food Act they will need to consider this issue.
Under the Food Safety Standards, food businesses will be required to notify if they are selling or handling food for sale. The requirement will apply regardless of whether the food is low, medium or high risk. This means that businesses such as hospitals, nursing homes, businesses in the food service sector and others, such as newsagents and service stations that sell food, will be required to notify their local council of their existence.
There are very specific definitions under the Food Safety Standards for 'food business', 'food handling' and 'food' . These definitions are given in the glossary at the end of this document. They will help in understanding the notification requirement.
Relationship to food business registration
Food businesses will not be required to notify if they are registered as food businesses under the Food Act or under any other law listed in the regulations under the Act, or are not required to notify under the Food Safety Standards. States and Territories will continue to determine food business registration requirements. It is anticipated that any existing registration requirements will continue under the new Food Acts.
Notification does not require any prior approval by local council or compliance with any conditions, unlike food business registration. Notification seeks minimal information from food businesses on a once-only basis, unless the notification information changes, so that the councils know of the existence of the businesses, can contact them if required and know the sorts of business that are operating.
At the State and Territory level, the information required as part of existing food business registration processes should be consistent with the notification requirements, where possible. This is particularly important for the questions related to the nature of the business, which will be used to determine the priority classification of the business.
Relationship to the priority classification system and audit frequency
If food safety programs are adopted by States and Territories, food business notification will be the trigger for the enforcement agency to determine and advise the food business of its priority classification and initial audit frequency. Similarly, where registration systems exist, registration will trigger the same sequence of events.
If food safety programs are adopted, there will be a shift from inspection-based enforcement to the auditing of food safety systems. The initial audit frequency of a business will be based on its priority classification.
Enforcement agencies will be able to determine the priority classification of a business through the answers to the questions asked of businesses under 'the nature of business' requirement of the notification system and reference to the nationalPriority Classification System, available through ANZFA and State and Territory health departments.
Existing food business registration systems should similarly be capable of classifying food businesses in a manner consistent with the notification system.
Who has to notify?
The proprietor of the food business will need to notify the appropriate enforcement agency. The proprietor is the person carrying on the food business or, if that person cannot be identified, the person in charge of the food business.
The enforcement agency
The enforcement agency is the agency prescribed by regulations within the State or Territory under its Food Act for the purposes of this provision. In general, this will be local government. It is expected that State and Territory health departments will delegate the authority to enforce relevant sections of the new Food Acts to local government. However, it should be noted that this may not be the case for all States and Territories.
Contact details
Contact details such as the name and address of the proprietor, trading name of the business, and business and after-hours phone numbers, fax number and email address, if available, are requested.
Nature of business
Work has been undertaken to develop a set of questions and some guiding information to help food businesses describe the nature of their business to the enforcement agency as part of the notification process. These questions form part of Appendix 1.
The questions will help identify the type of food business, seek information about the type of foods provided or produced, and seek other specific information to inform regulators of the general nature and category of the food premises and the inherent risk of the business to the community.
Location of the food premises
Proprietors are required to notify the appropriate enforcement agency of the location of all food premises. Food premises are defined under the Food Safety Standards as:
any premises including land, parts of structures, tents, stalls and other temporary structures, boats, pontoons and any other place declared by the relevant authority to be premises under the Food Act kept or used for the handling of food for sale, regardless of whether those premises are owned by the proprietor, including premises used principally as a private dwelling, but does not mean food vending machines or vehicles used only to transport food.
Further information in relation to food vending machines and vehicles is provided below.
When must businesses notify ?
New businesses will be required to notify before they begin operating. It will be an offence to begin operating before notifying the enforcement agency.
Existing businesses will also need to notify within three months of the start of the notification requirement. It will also be an offence for existing businesses to fail to notify their existence to the appropriate enforcement agency. The only exception to this will be if the food business is already registered under the Food Act or under a law prescribed by the regulations.
Changes to the notification information
The enforcement agency must be notified of any changes to:
· name and address of the proprietor- the new proprietor is obliged to notify the appropriate enforcement agency of the change in proprietor.
· nature of the food business- if there is to be any change to the nature of the business (see the set of questions relating to 'nature of business' at Appendix 1) then the enforcement agency must be notified by the proprietor as this may result in a change to the food business's priority classification.
· location of all food premises of the food business- any change in the location of food premises (other than mobile premises) should be notified to the enforcement agency. Specific notification requirements for mobile food premises are included at Appendix 3.
Enforcement agencies must be notified of any changes to the notification information before the change occurs. Such changes are usually known well ahead of the event occurring.
Charities, volunteer and not-for-profit organisations
Charities, volunteer and not-for-profit organisations will be required to notify theirregular activitiesthat involve the handling of food for sale.
However, States and Territories may implement simplified arrangements for these organisations.
Where food is prepared in homes on a voluntary basis for charitable and not-for-profit organisations, home owners will not be required to notify the enforcement agency. In such cases only the charitable or not-for-profit organisation is obliged to notify the enforcement agency of the fundraising activity.
In addition, States and Territories have agreed to prepare supporting practical guidelines for charitable and not-for-profit organisations to help them understand and meet the food safety aspects of the Food Safety Standards.
Charities, volunteer and not-for-profit organisations also often holdtemporary eventsat which they sell food, as a means of fund raising. These organisations will be required to meet their obligations under the notification proposal for temporary food premises (see Appendix 2). However, States and Territories may implement simplified arrangements in this context.
Food vending machines and vehicles used to transport food
Businesses that operate food vending machines are required to notify as food businesses but are not required to notify each machine.
Businesses that operate food transport vehicles are required to notify as food businesses but are not required to notify each vehicle.
Multiple premises across States or Territories
There is the potential, in conjunction with the Business Entry Point initiative at the State and local government level, to explore the practicality of businesses with multiple premises being able to notify once in a State or Territory, that is, to provide details of all food premises in the one notification. This aspect will be explored further as part of the work with States and Territories to facilitate a nationally consistent approach to implementation that minimises the regulatory burden on business.
Temporary food premises
Two classes of temporary premises can be defined and it is proposed they be treated independently as:
· regular temporary premises that may operate weekly, fortnightly, monthly, quarterly or at any other regular interval, whether commercial market stalls or fund-raising stalls, which should be treated as permanent food operations and supply notification information once unless the notification information changes; or
· single event or annual event temporary premises, whether fund-raising or commercial, for which notification would be in the form of a temporary events notification.
Mobile food premises
It is proposed that mobile food vendors, for example ice cream vans, should notify the appropriate enforcement agency where the vehicle is garaged or housed, and pay any notification fee to that agency.
If the food vehicle operates permanently from one site, for example an after-hours fast-food van, the enforcement agency responsible for the area where the vehicle is stationed should be notified, even if the vehicle is housed in an area covered by another enforcement agency.
Operators should be able to nominate whether the vehicle is a mobile vendor of foods or vends permanently stationed in one spot.
Food transport businesses
Food transport businesses are only required to notify of the location from which the business operates. The requirement in the Standards and Act do not require the registration details of vehicles.
Failure to notify
Significant penalties are proposed under the model food law for food businesses that fail to notify the enforcement agency of their existence. Penalties may be up to $50 000 for an individual and $120 000 for corporations.
Duration of notification
Food businesses will be required to notify the enforcement agency of the prescribed information once only, unless there is a change to the information supplied. Under Food Safety Standard 3.2.2 if there is a change to the proprietor of a business, the nature of the business or the location of a business or businesses, the proprietor must notify the enforcement agency.
Non-compliance with a requirement of the Food Safety Standards is an offence under State and Territory Food Acts.
Fees
It is not proposed to recommend any fee structure for the notification system, as this should be a matter for States and Territories or their delegated enforcement agencies to determine.
However, the States and Territories may wish to support the waiving of fees for voluntary, charitable and not-for-profit organisations.
Notification form
Food Safety Standard 3.2.2 requires the proprietor to answer all questions in relation to the notification requirement, in the approved form for the purposes of the Food Law.
A form has been developed to assist in the consistent implementation of the system nationally. It sets out all questions required in relation to the notification requirement and responds to the issues raised as part of the consultation process. The form is at Appendix 1 and also incorporates specific requirements to accommodate notification of temporary and mobile food premises. The form has been developed by the National Food Business Notification System Working Group.
Contact details such as business and after-hours phone numbers, a fax number and email address are requested to facilitate food recalls.
Information sought under existing registration systems should remain the same, provided it covers the minimum information required under the notification system.
Acknowledgment of notification advice
The enforcement agency should provide written acknowledgment of receipt of the notification advice from food businesses.
Appendix 1
Food Business Notification Form
Contact Details | |
Name of proprietor | |
Business address of proprietor | |
Trading name of food business | |
Contact details PLEASE NOTE:If this is a single food business then complete details in this section. If there are multiple premises (within the jurisdiction of the relevant enforcement agency) then complete details under the section Location of all food premises below. | Business hours phone number: _________________________________ After hours phone number: _________________________________ Facsimile number: _________________________________ Email address: _________________________________ |
Nature of Business Information | |
NOTE: The food business is required to notify the enforcement agency of any changes to the information provided below. The new information must be provided to the enforcement agency before the changes occur. Any changes to the information may affect the classification of a food business. | |
1(a) What is your business type? Please tick all boxes that apply: Manufacturer/processor Retailer Food service Distributor/importer Packer Storage Transport Restaurant/cafe Snack bar/takeaway Caterer Meals-on-wheels |
Hotel/motel/guesthouse Pub/tavern Canteen/kitchen Hospital/nursing home Childcare centre Home delivery Mobile food operator Market stall Charitable or community organisation Temporary food premises Other_____________________________ |
1(b) Please provide more detail about your business type. (For example: butcher, bakery, seafood processor, soft drink manufacturer, milk vendor, service station.) | |
2 Do you provide, produce or manufacture any of the following foods? | |
Please tick all boxes that apply: Prepared, ready-to-eat* table meals Frozen meals Raw meat, poultry or seafood Processed meat, poultry or seafood Fermented meat products Meat pies, sausage rolls or hot dogs Sandwiches or rolls Soft drinks/juices Raw fruit and vegetables Processed fruit and vegetables * Refer to definitions below. |
Confectionery Infant or baby foods Bread, pastries or cakes Egg or egg products Dairy products Prepared salads Other_____________________________ |
3 These questions seek further information about the nature of your food business. These questions must be answered by all businesses: |
|
|
Are you a small business*?
Is the food that you provide, produce or manufacture ready-to-eat* when sold to the customer? Do you process* the food that you produce or provide before sale or distribution? | Yes
yes
yes
| No
no
no
|
Do you directly supply or manufacture food for organisations that cater to the sick, elderly, children under 5 years of age or pregnant women (such as hospitals, nursing homes or childcare centres)? | yes | no |
To be answered by manufacturing/processing businesses only: Do you manufacture or produce products that are not shelf stable*? Do you manufacture or produce fermented meat products such as salami? |
yes yes |
no no |
To be answered by food service and retail businesses only (includes charitable and community organisations, market stalls and temporary food premises): Do you sell ready-to-eat* food at a different location from where it is prepared? * Refer to definitions below. |
yes |
no |
Location of all Food Premises | ||
Complete details of business location for all food premises within the jurisdiction of the enforcement agency. | ||
Trading name | Location | Contact numbersand details |
|
| (BH) (AH) Fax |
|
| (BH) (AH) Fax |
|
| (BH) (AH) Fax |
|
| (BH) (AH) Fax |
Definitions for the purposes of notification
Processin relation to food, means activity conducted to prepare food for sale including chopping, cooking, drying, fermenting, heating, pasteurising, or a combination of these activities.
Note:This is not the same definition for process that is used in the Food Safety Standards. Thawing and washing have been removed from this definition as these processes present a very low risk to food safety and are not relevant for the purposes of this form.
Ready-to-eat foodmeans food that is ordinarily consumed in the same state as that in which it is sold and does not include nuts totally enclosed in the shell or whole fruit and vegetables intended for further processing by the customer.
Shelf stablemeans non-perishable food with a shelf life of many months to years.
Small businessis a business that employs fewer than 50 people in the 'manufacturing' sector or which employs fewer than 10 people in the 'food services' sector.
Note:When determining the number of employees of a business where casual and part-time employees are involved, their weekly hours are added together and divided by the number of hours per week stipulated in the award for employees of that business. Only staff involved in food handling operations should be included.
Temporary Events
Application Form
1 Name, location, date(s) and time(s) of event:
Name:
Location:
Date(s):
Time(s):
2 Name, address and postal address (if different) of company/body responsible for the event:
Name:
Address:
Postal address:
3 Name and contact details of event organiser/coordinator or person responsible for organising/coordinating food stalls:
Name:
Postal address:
Telephone:
(BH):
(AH):
Mobile:
Fax:
4 Details of stalls and stall holders:
Name and/or number of stall | Name of stallholder or name of food business and proprietor | Address of stallholder or food business | Phone, mobile and fax numbers of stallholder/food business | Types of food to be sold |
|
|
| Phone: Mobile: Fax: |
|
|
|
| Phone: Mobile: Fax: |
|
|
|
| Phone: Mobile: Fax: |
|
|
|
| Phone: Mobile: Fax: |
|
Additional Notification Information for Mobile Food Vendors
Are you a mobile vendor (e.g. ice cream van) or do you vend permanently stationed at one site (e.g. after hours takeaway van)? Mobile vendor / Permanently stationed vendor (Please indicate) |
For mobile vendors please provide address at which the vehicle is normally garaged or housed: |
For permanently stationed vendors please provide the address of the site: |
Appendix 2
Information for food businesses about Food Business Notification
What will be required?
The notification requirement seeks minimal information about a food business. The proprietor of a food business must provide:
· contact details for the food business;
· details to identify the nature of the food business; and
· details of the location of all food premises
to the appropriate enforcement agency. In most, but not all States, this will be the local council.
It will be an offence for a food business not to notify their council. Food businesses will need to notify once only, unless the notification information changes.
Who will have to notify?
Food businesses (other than those in primary industry) will be required to notify only if they are not required to register as a food businesses under the Food Act or any other law listed in the regulations under the Food Act in their State or Territory. If a business is registered as a food business under the Food Act or is registered under other recognised law then they will not need to notify themselves to their council.
Food businesses that are required to notify will need to do so regardless of whether they are high, medium or low risk businesses. This means that businesses such as hospitals, restaurants and others such as newsagents and service stations that sell food will be required to notify themselves to their local council.
Charitable and community groups will also need to notify. Simplified arrangements may be in place for some activities of charitable and community groups. Contact your local council or health department for details.
Primary industry businesses will not be required to notify unless:
1. they are conducting food handling operations such as food service, wholesale or retail operations or processing food in a substantial manner; or
2. a decision is made by a State, on the basis of public health and safety considerations, to list a specific primary industry activity as a food business under the State's food law. This is likely to be an exceptional event.
Businesses that operate food vending machines are required to notify as a food business but are not required to notify each machine.
Businesses that operate food transport vehicles are required to notify as a food business but are not required to notify each vehicle.
When will businesses have to notify?
New food businesses must notify their local council before they commence operating.
Existing food businesses, that are not registered food businesses under food or other recognised law, will have three months to notify their local council after commencement of the notification requirement.
The notification requirement can commence from [State/Territory to insert appropriate date].
Relationship to registration
Food businesses will only be required to notify themselves to a local council or register as a food business with their local council (depending on the local policy) but will not be required to do both.
States and Territories will continue to determine food business registration requirements. Existing registration requirements will continue under the new Food Acts.
Notification does not require prior approval by local council or compliance with any conditions, unlike food business registration. The food business notification requirement seeks minimal information from food businesses so that local councils know of their existence, can contact them when required and know what sort of food business they operate.
Glossary
Foodbusiness
means a business, enterprise or activity (other than primary food production) that involves:
· the handling of food for sale; or
· the sale of food
regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.
Food handling
the making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.
Food
· any substance or thing of a kind used or represented as being for use for human consumption (whether it is live, raw, prepared or partly prepared - this can include live animals or plants), or
· a substance or thing of a kind used or represented as being for use as an ingredient or additive in a substance or thing in the first dot point, or
· any substance used in preparing a substance or thing referred to in the first dot point above (other than a substance used in preparing a living thing) if it comes into direct contact with the substance or thing referred to in that paragraph, such as a processing aid, or
· chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum, or
· any substance or thing declared to be a food under the declaration in force under section 3B of theAustralia New Zealand Food Authority Act 1991of the Commonwealth, whether or not the substance, thing or chewing gum is in a condition fit for human consumption, but does not include therapeutic goods within the meaning of theTherapeutic Goods Act 1989of the Commonwealth.