Food Business Approvals and Safety

All food businesses in Australia must comply with national regulations and standards. Together, the Food Act 2008, Food Regulations 2009, and the Australia New Zealand Food Standards Code set the requirements for food businesses in Australia.

All food businesses must be registered and must comply with these codes and regulations. The Shire of Denmark undertakes regular monitoring of businesses and groups which sell food to the public to ensure they comply with legislation. It is an offence to operate a food business without a valid registration.

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Food Business Registration and Application Forms

The following steps detail the process of obtaining registration for your food business.

Step 1: Determine if you require Planning or Building approval.

The following links may assist you with this:

  • Planning and Building Approvals
  • Guidelines and Information Sheets
Step 2: Complete an the Application Forms

Complete and submit the 'Application to Construct or Alter a Food Business' form and include the following:

  • Proposed floor plan and use of each room
  • Structural finishes of every wall, floor and ceiling
  • Position and type of every fitting and fixture
  • Number of chairs for patrons
  • Details of proposed sinks for hand washing, food preparation and dish washing or dishwasher specifications
  • All sanitary conveniences provided for staff and patrons, change rooms, storerooms, ventilating systems, drains, grease traps and provision for waste disposal 
  • Details of the mechanical exhaust system, if cooking is to take place in the food premises.

Complete and submit the 'Notification Registration Food Act' form, including the following:

  • Registration applications must be accompanied by plans and specifications of the food premises.

Fees apply.

Step 3: Arrange a Final Assessment

It is your responsibility to inform the Shire of any changes to your food business details, including change of ownership, change of premises, change of the original proposal and closing of the business. Food businesses that handle unpackaged, potentially hazardous and ready-to-eat foods need to comply with the new standard requirements. The new requirements improve food safety through skills, knowledge and supervision.

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Temporary, Mobile and Home-Based Food Businesses

Bed and Breakfast Accommodation

If you are renting a room in your house to holiday makers, even if you are not supplying food, this is called a Bed and Breakfast. This requires a two-step approval process:

  1. Obtain a Development Approval to change the use of the property from ‘residential’ to ‘bed and breakfast’.
  2. Apply for a Bed and Breakfast Food Business Registration if you are providing breakfast.

Food business registration/notification is required for businesses that provide food for guests.

If you intend to provide cooked meals for your guests a food business registration is required. You will need to appoint a food safety supervisor and need to keep records of important food safety controls or be able to demonstrate safe food handling practices. If you intend to provide pre-packaged food only, a food business notification is required.

Home-Based Food Business

There are restrictions on the types of food that can be prepared in your home kitchen. All home-based food preparation will require approval from the Shire. The following foods are generally approved:

  • Cakes and cake decorating (excluding cream), biscuits and flour products
  • Jams, chutneys, relishes, pickled onions and sauces
  • Food for sale for charitable events (we recommend excluding meat, cream and eggs)
  • Food for home stay and farm stay accommodation
  • Repackaging of bulk, low-risk confectionary

Food business registration/notification is required. 

Temporary Food Stalls and Mobile Food Business

Food stalls wishing to operate within the Shire, separate to an approved event or market, must apply for approval. Please complete and submit the Temporary Food Stall Application form. Temporary and mobile food stall holders wishing to trade at approved events or markets within the Shire must:

  • Contact the event organiser to confirm that they will permit you to trade at their event/market.
  • Whether your food business is registered with the Shire or another local government, you must hold a current Food Act 2008 Certificate of Registration issued by that municipality.
  • Contact the event organiser to ensure you provide them with the required documentation, usually Certificate of Registration, food safety supervisor and food safety training for staff certificates if required under the new food standards code, public liability insurance certificate and in some cases a floor plan of your stall.

Useful Links:

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New National Food Standards

Food businesses that handle unpackaged, potentially hazardous and ready-to-eat foods need to comply with new standard requirements by 8 December 2023. The new requirements improve food safety through skills, knowledge and supervision.

Some food businesses will be required to implement the below food safety management tools. These tools will enable food businesses to manage food safety risks more effectively to help prevent foodborne illnesses and outbreaks, loss of revenue and reputational damage.

  1. Food safety supervisors: You will need to appoint a food safety supervisor for your business.
  2. Food safety training: Your food handlers will need to show they have had food safety training.
  3. Show you are managing key food safety controls: You will need to keep records of important food safety controls or be able to demonstrate safe food handling practices. 

More information is available to help you to understand what you need to do to meet the new requirements.

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Food Safety

All food business operators are required to ensure that staff working within their business have adequate skills and knowledge in relation to the tasks they are undertaking. This is an important tool to ensure food safety and is actively enforced by the Shire. 

Free Training

I'm Alert is a free online food safety course that has been developed by qualified and experienced environmental health professionals. The program is easy to follow, includes an entertaining presentation as well as interactive quizzes. A training acknowledgement form can be printed upon completion and be kept as a part of your records.

Food Poisoning

Food Poisoning is any illness caused by eating food. Allergies, heavy metals, bacteria, viruses and chemicals can all cause food poisoning.

No Rinse Sanitisers

Sanitisers are chemical agents designed to kill bacteria and microorganisms. They are critical ingredients in keeping work areas clean.

Freezing Foods

Some retail outlets freeze chilled food, particularly meat products, to extend the product's shelf life and to meet customers' needs. Customers should be aware that this practice invalidates the use-by date shown on the product and does not provide accurate information for the purchaser on the quality of the product.

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Food Labelling

All food businesses should be familiar with labelling requirements. Refer to the Food Standards food labelling guidance for information on the requirements for compliant labels.

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Liquor Licensing

A liquor licence is a permit to sell, manufacture, store or otherwise use alcoholic beverages. A liquor licence is required under the Liquor Control Act 1988 by the Department of Racing, Gaming and Liquor for the sale of liquor from premises. The ultimate decision on the issuing of a liquor licence is that of the Department of Racing, Gaming and Liquor, based on the information provided in the application.

Types of Liquor Licences

The Liquor Control Act 1988 provides for different types of liquor licences in Western Australia. Refer to Licence Types and Trading Hours for a full description of the licence types.

Prior to submitting an application for a Liquor Licence, the Department of Racing, Gaming and Liquor may require that the applicant seek a Section 39 Certificate and Section 40 Certificate from the Shire.

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Useful Links

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Contact

Our Environmental Health Officer can assist with queries related to starting a food business in the Shire of Denmark. Contact us at 9848 0300 or enquiries@denmark.wa.gov.au.

To report an issue to us, please complete our online Report It form


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