Food premises
- all food business must comply with the Food Act 1984 and Food Standards Code
- a food business is a business involved in the sale, storage and preparation of food or beverages
- food business registration period is applicable from 1 October to 30 September, the following year
- the registration of your premises will include annual inspections to ensure compliance
- to register your premises, read the information below and follow the application process
Food business classifications
The class 1 service sector includes food businesses that provide meals to vulnerable persons such as:
- children in child services
- aged care establishments
- patients in hospitals
The class 2 service sector are businesses that prepare and serve potentially hazardous food such as:
- cafes, restaurants & takeaway food outlets
- mobile food vehicles or food carts
- juice bars
The class 3 service sector are businesses that prepare and serve low risk foods such as:
- bars serving beverages
- bed and breakfasts preparing and serving low-risk food such as cereal and toast
- cafes preparing and serving low-risk food
- cake decoration shops (no baking)
The class 4 service sector are businesses that sell low-risk prepackaged food such as:
- confectionery shops selling prepackaged chocolate and sugar-based confectionery
- green grocers and fruit stalls selling whole or uncut fruit only
- liquor bottle shops
- newsagents and pharmacists selling prepackaged food such as gum, packaged confectionery, bottled water and soft drinks
- service stations selling low-risk prepackaged food such as gum and soft drinks
Please visit health.vic.gov.au to obtain a more comprehensive list of some predetermined food business classifications.
Fixed premises
- means a building or structure with a permanent address such as cafes, restaurants, kiosk
- premises that require plumbing to the site, such as containers, are also considered fixed premises
- refer to information below to assist with renovating or constructing a fixed food premises
Guidelines-for-the-Design-and-Construction-of-Food-Premises(PDF, 326KB)
Supplement-1-Wash-Basin-Requirements(PDF, 580KB)
Starting restaurant business video
Shisha lounge bars
- shisha tobacco that contains any amount of tobacco will be treated the same as other tobacco products such as cigarettes and cigars
- smoking of shisha tobacco is banned in:
-
- indoor areas
- outdoor dining areas
- outdoor drinking areas if it is within 4 metres of an outdoor dining area, unless separated by 2.1 m high wall
- fruit or herbal-based products that do not contain tobacco are not subject to these laws
- if you wish to operate a Shisha Lounge you will need to show proof the shisha ingredients do not contain tobacco products.
- for further information refer to the Factsheet
Shisha-tobacco-reforms-factsheet-for-businesses.pdf(PDF, 315KB)
Home based food business
- includes baking and food storage of items used for mobile food premises or market stalls
- preparing high risk food in your home kitchen is not permitted
- refer to information below to ensure your kitchen meets the requirements.
Home-based-food-busineses-A2584897.pdf(PDF, 866KB)
Starting home based food business video
Planning-Application-Fact-Sheet-Running-a-Business-from-home.pdf(PDF, 602KB)
Temporary and mobile vehicles
- All temporary food premises and mobile vehicles must be registered on FoodTrader.
- FoodTrader is the online system for businesses and community groups to register and notify their temporary and mobile food premises with their registering council.
- A temporary food premises is a structure that is not permanently fixed to a site. For example: tent, stall, marquee or use of a kitchen not owned or leased by the food business.
- A mobile vehicles can include food vans, carts, caravans or trucks, coffee vans or trailers.
- Once we receive your application on FoodTrader, an officer will be in contact with you to ensure the classification is correct and a fee will be generated based on the type of activity you will be doing.
- Mobile vehicles need to also follow our application process to ensure the vehicle complies with food standard codes.
Once you are registered with Council and FoodTrader you need to lodge a ‘Statement of trade’ (SOT). This is letting Council know where and when you plan to sell food and/or drink. This is required under the Food Act 1984 (the Act) for operators who sell to the public from a temporary or mobile food premises. You must lodge a SOT prior to trading to have complied with your legal obligations under the Act. However, other laws may also apply to your trading. For example, you may need:
- permission from Council to operate on council land needs to be obtained by applying for a Mobile Vendor Permit
- permission from the land owner if you intend to operate on private land
- permission from the event organiser, if operating at events or markets
- other required licences – such as a liquor licence (if applicable)
Training and record keeping