In October 2009, new laws governing the preparation and sale of food in Western Australia came into force. The Food Act 2008 and the Food Regulations 2009, along with the existing Australia New Zealand Food Standards Code, replaced the 1993 Food Hygiene Regulations, sections of the Health Act 1911, and the City's Eating House Bylaws. The new laws provide national consistency - a food business will now need to meet the same requirements as a business operating anywhere else in Australia.
The main changes have been that some businesses are now be regarded as food businesses for the first time, introduction of a uniform risk based classification system for all food business, the enforcement abilities of local government, and increased fines and penalties.
All current food businesses recorded by the City's Health Services, and those that have been identified as being food businesses under the new laws, will be sent information on the new Food Act, and be required to submit a Notification/Registration Form.
Are you thinking of setting up a food business within the City of Cockburn? Get a copy of our:
If not, apply for these before you submit your application to Health Services.
If taking over a food business which has been closed, it may require upgrading to comply with current laws, or in order to be suitable for the type of food you are intending on handling.
You must contact the Citys Health Services prior to opening to arrange to meet with an Environmental Health Officer at the business. You must not open the food business until you have submitted a Food Act 2008 Notification/Registration Form, paid all relevant registration fees, and received a Certificate of Registration. If you intend to make changes to the food premises prior to opening, an Application for Approval to Construct or Amend a Food Premises must be submitted prior to any works commencing.
If the food business you are taking over is currently operating it is recommended that you request a settlement enquiry by contacting the Citys Health Services. This is usually arranged through a settlement agent, and incurs a fee. Where requested an inspection of the premises will be carried out, and a written report provided to the settlement agent advising of any outstanding work orders and registration fees. A Food Act 2008 Notification/Registration Form must be submitted before taking over any business.
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 documents and pamphlets can assist you with ensuring that your business is meeting the requirements of the above laws:
Translated factsheets are available from the Food Standards Website.
Many restaurant customers chose to take home leftover food for a family member or themselves to eat, however there are potential food safety risks involved in doing this. For more information refer to the following document:
Current food legislation requires all food handlers to have adequate food safety skills and knowledge when employed in a commercial kitchen.
We routinely check food safety knowledge by asking kitchen staff questions about topics like safe food temperature, hand hygiene, stock control, methods of cleaning and sanitising. Skills are assessed by observing staff working.
Need some training in food safety?
Our training sessions will introduce you to the requirements of the food legislation that you will be assessed on.
The Australian Institute of Environmental Health FoodSafe Food Handler Training Program is a basic introduction for training for food handlers and record keeping systems. Although it is not essential for your business to follow the FoodSafe Program, it is highly recommended as a way of ensuring that you are meeting your obligations in producing safe food.
Are you thinking of starting business as a food stallholder or a food hawker within the City?
The Local Laws defines:
A stall holder as "a person in charge of a moveable or temporarily fixed structure, stand or table in, on or from which goods, wares, merchandise or services are sold, hired or offered for sale or hire", and
A hawker as "hawker, pedlar or other person who travels and trades from place to place soliciting orders for goods, wares or merchandise".
Where do you wish to trade from within the City?
If you wish to trade from a fixed position, approval will need to be obtained from the City's Planning and Rangers Departments, and the landowner before application can be made to the City's Health Services. Contact Main Roads on 9216 8000, and CALM on 9334 0333. Insurance documents must be provided, and the food sold from a registered food vehicle.
If you don't wish to trade from a fixed position, please apply for a hawkers licence by submitting the application form.
Are you thinking of starting a small business from home for the preparation of food for sale to the general public?
The Australia New Zealand Food Standards Code limits the type of foods that can be prepared from a domestic kitchen.
If you are intending on setting up a food stall or operating a food vehicle from a community event, you must first obtain approval from the City's Health Services by submitting an Application to Sell Food From a Temporary Food Premises.
Food vehicles must be registered with the City or another local authority.
Food stalls must meet the following requirements:
Public liability insurance documents and vehicle registration papers must be provided.
Phone: 9411 3444