In Victoria, any business that sells food or beverages must be registered with Murrindindi Shire Council and follow regulations to ensure that the food they prepare and sell is safe to eat. You may also be required to have several other permits prior to operating your food business.
When planning to operate a food premises, you should consider:
- design and construction of the premises - it must be appropriate for the purpose for which it is to be used, allow effective cleaning, exclude fumes, smoke and other contaminates, and not permit the entry of pests
- water supply
- sewerage and wastewater
- garbage and recycling
- ventilation
- lighting
- storage
- toilet facilities
- hand washing facilities
Whether you are purchasing an existing, or establishing a new food premises, there are several steps to take.
The Food Act 1984 (the Act) regulates the sales of food for human consumption. If your business sells food, you must either register with, or notify, the Council in which the premises is located.
The registration process applies to both new and existing food premises (if buying an existing food business).
To register your premises with Council, you must follow the following steps:
- Provide the Environmental Health Unit with a copy of your Planning Permit or Property Information Request (where applicable).
- This step applies to new food premises.
- This confirms that the proposal land use complies with the Murrindindi Planning Scheme and legislation.
- If you need assistance, Council's Planning team can be contacted on telephone (03) 5772 0333 or visit the Murrindindi Planning and Development web page.
2. Provide the Environmental Health Unit with a copy of the Building Permit with endorsed plans (where applicable).
- This step applies to new food premises.
- To determine if a building permit is required, contact Counci's Building Unit on telephone (03) 5772 0333.
3. Determine your classification of food business
- Determine the classification of your proposed food business under the Food Act 1984 and relevant requirements. Access this information at Food Business Classifications.
4. Submit an application to Register a Food Premises (new or existing food business)
- To register a new or existing food premises, you must complete the application form and pay the registration fee. Refer to the Current Fee Schedule(PDF, 186KB) for more information on costs.
- Registration commences on the day the business is approved and expires on 31 December each year. Registration fees are set each year and are based on the risk classification of a business. All relevant fees are set out in the registration form below.
- The registration fee is to cover costs associated with administration, progress inspections, a final inspection, plans assessment (where provided, internal referral process (Planning/Building/Health) and on-going professional advice to support compliance.
Apply to register a food premises
5. Fit out your food premises
- Undertake any works to your premises to ensure it complies with the Food Act 1984 and The Food Standards Code.
- Refer to the section "Setting Up Your Food Premises" on this page for information on the requirements for fit-out and construction of your food premises.
6. Obtain approval to trade
You will be given permission to trade after:
- a final inspection has been conducted by Council's Environmental Health Officer
- all relevant Certificates of Compliance (plumbing/electrical) and a copy of your Occupancy Permit from your building surveyor (where applicable) has been received.
- you have lodged an Application to Register form (see step 3 above)
- you have made payment of the applicable registration fee
Council's Environmental Health Unit offers a pre-registration review of food premises plans to ensure that the design and construction of your proposed food business complies with the Food Act 1984 and the FSANZ Food Standards Code.
This is recommended prior to commencing any works and before applying for registration.
Please contact the Environmental Health Unit on (03) 5772 0333 for further information.
Before purchasing an existing food business, it is recommended that you arrange a pre-purchase inspection to determine if there are any outstanding compliance issues under the Food Act 1984.
Use the form below to request an inspection of the food business. This could be prior to purchase (with written permission from the current proprietor) for example, insurance requirements or part of an external audit.
On receipt of this application and payment of fee, our Environmental Health Officer will arrange a suitable time to inspect the premises to ensure it meets all relevant regulations. We will provide a written assessment of the inspection.
Please call (03) 5772 0333 to speak to an Environmental Health Officer for further information.
Inspection fee: $160.30
Apply for a premise inspection
In Victoria, all class 1 and most class 2 food premises need a food safety program.
A food safety program (FSP) is a written plan that shows what a business does to ensure that the food it sells is safe for people to eat. It is an important tool to help businesses safely handle, process or sell potentially hazardous foods and maintain safe food handling practices to protect public health.
There are two types of FSP:
- Non-standard (independent) food safety program: This type of FSP is written by a business to cover all their food processes and it’s adequacy is determined by a food safety auditor (for more information go to the Food safety audits page). A non-standard food safety program is sometimes referred to as an independent FSP.
- Standard (registered) food safety program: This type of FSP is usually written by a template developer, or a business, and is assessed by a technical review panel for its adequacy. The department can then be asked to register the FSP. The department generally only does this for franchises with more than 20 premises in Victoria. A standard food safety program is sometimes referred to as a registered FSP.
The Victorian Department of Health has created and registered a standard FSP template for use by food retail and food service businesses. The department’s template covers the most common high-risk and potentially hazardous food processes, and is available, if suitable to the business’ activities, to use for free. The template is available from Foodsmart.
Please note, the Department of Health' standard FSP template is not suitable for food manufacturers, who must have a non-standard FSP.
Please contact Council's Environmental Health Unit on (03) 5772 0333 if you require clarification on whether your food business is required to have a food safety program.
Any food business that is required to maintain a food safety program is also required to have a qualified food safety supervisor.
A nominated food safety supervisor must have:
- a certificate from a registered training organisation
- the ability to supervise food handling in the food premises
- authority to supervise food handlers and give directions if unsafe food practices are observed
Further information on food safety supervisors, training, skills and knowledge can be found on the Victorian Department of Health's Food safety training, skills and knowledge.
If you require food safety training for your staff in understanding how to safely work with, and handle, food in commercial settings, the Department of Health provides free online training on DoFoodSafely.
Allergen awareness is an important part of running a food business. All food businesses are required to make sure that all staff understand the implications of an allergic reaction and have processes in place to protect your customers.
Food allergies occur in about 1 in 10 infants, 1 in 20 children and 1 in 50 adults. A food allergy is an immune response to a food protein that a person’s body perceives as harmful.
Exposure, further contact or consumption can lead to an allergic reaction. An allergic reaction can occur within minutes or hours of ingestion or exposure. A reaction can involve mild to moderate symptoms such as hives, swelling, tingling in the mouth, vomiting or abdominal pain. Some food allergies can be severe, and some allergic reactions can be life-threatening or fatal - known as anaphylaxis.
There are at least 170 foods that can trigger an allergic reaction. The most common are:
- cereals containing gluten and their products – like wheat, rye, barley, oats and spelt, and their hybrid strains
- crustacea and their products
- egg and egg products
- fish and fish products
- milk and milk products
- peanuts and peanut products
- tree nuts and tree nut products (does not include coconut)
- sesame seeds and sesame seed products
- soybean and soybean products
- added sulphites in concentrations of 10 mg/kg or more
- lupin
While the consumer is responsible for their own health, a food business is legally required to comply with the Food Standards Code, which specifies food allergy requirements. Everyone in the business needs to be aware of the risks food allergies pose, and be clear on how to identify and manage them and become allergy aware. It is important to:
- meet your legal obligation to serve food that is safe and suitable for human consumption
- develop a process for preparing foods for customers with allergies and ensure it is followed
- train staff so they understand their obligation to declare certain allergens if a customer asks
- ask suppliers about their allergen management policy and for a Product Information Form (PIF)
- consider providing allergen information on your menu to help customers easily determine what foods they should avoid
- prevent cross-contamination in preparation of foods
- comply with the law by declaring ingredients in food when asked by a customer
For further information on food allergen awareness, visit:
If you manufacture food products in Murrindindi Shire that are sold as packaged goods to your customers, you must ensure that the labelling on your products comply with the requirements of the FSANZ Food Standards Code.
Food labels allow consumers to make logical and healthier choices with their food options and must satisfy the following requirements:
- All packaged foods sold in Australia must comply with the labelling requirements of the Australia New Zealand Food Standards Code, which applies in Victoria through the Food Act 1984.
- Food labels must carry essential information, so that consumers are informed of the nature and properties of foods before they buy.
- Food businesses must ensure that they do not mislead or deceive consumers with any claims made on food labels.
- Food importers must also comply with Australian labelling laws.
Refer to the Victorian Department of Health's food labelling website for further information.
If you need assistance with food labelling content and nutritional panel content, including allergen claims and country of origin labelling, please visit the FSANZ's business guidance on labelling website.
For further information on labelling requirements, please contact the Environmental Health Unit on (03) 5772 0333.
Food recalls remove unsafe food from sale to protect consumers. Food can be recalled for a range of reasons, including product contamination, undeclared allergens and labelling errors. When a recall happens, FSANZ works with food businesses and regulators to coordinate the response and inform consumers.
Food businesses can subscribe to food recall alerts issued by FSANZ. Please refer to the food recalls website for further information.
Our Environmental Health Officer responds to public complaints about alleged food poisoning, poor food handling or cleanliness, and food suspected to contain foreign objects.
Please contact the Environmental Health Unit on (03) 5772 0333 or eho@murrindindi.vic.gov.au if you have any concerns or would like to lodge a complaint about issues including the following:
- you have suffered an illness as a result of consuming food – see Food Poisoning for more information
- you have found a foreign object in your food such as metal, glass or insect – see Foreign Objects in Food for more information
- you have concerns regarding poor food practices and cleanliness of staff and premises
Council will investigate your complaint. All complaints are treated as confidential and, if you leave your details, you will be kept informed of the progress and outcome of the investigation.
It can take up to 72 hours from when you consumed contaminated food or drink before you experience the first symptoms.
If you believe you have food poisoning, it is important you contact your doctor and Council's Public Health Unit as soon as possible.
To help with our investigation, you may be asked to provide a 4-day food history - a list of all food and drink you consumed before your symptoms started. It may also help to provide us with any leftover food samples you suspect may have been the cause of your illness, providing they have been stored correctly. Any leftover food should be wrapped and stored in your fridge.
For more information of food poisoning and prevention, visit:
Food premises design and construction
All food business must comply with the Food Act 1984 and FSANZ Food Standards Code. The food premises must be suitably constructed for the purpose of the intended food processes to help ensure the safety of the food.
As required under the Food Act, the construction of your premises must comply with Standard 3.2.3 of the Food Standards Code. Read more about Food Standards.
Safe Food Australia is a guide to the food safety standards set out in the food standards code and explains the requirements for:
- structural requirements for fitting out a premises
- food safety practices that all food handlers must follow
To further assist you in understanding the structural requirements for food premise, download and read the Food Premises Design and Construction Guide(DOCX, 4MB).
As part of the construction of your premises, you will also need to contact Goulburn Valley Water to determine if you require a grease trap or oil interceptor. For further information, contact Goulburn Valley Water on (03) 5832 4800 or visit Goulburn Valley Water.
If your proposed food business is located on unsewered land, you may need to install an onsite wastewater system (septic tank system) to effectively treat and dispose of commercial wastewater. Please contact Council's Environmental Health Unit on (03) 5772 0333 or visit Septic Tank Permits for further information.
Here is a short video explaining the steps for setting up a cafe, restaurant or takeaway business in Murrindindi Shire.
If you want to make food from home to sell to others or even store food at home to sell to others, you are considered a food business and require registration under the Food Act 1984. A home-based food business must comply with the requirements of the FSANZ Food Standards Code.
It is important to note that residential kitchens are designed for domestic use, not for being a place from which to operate a food business. As such, domestic kitchens are typically only suitable for small scale, low to medium risk food activities. Large scale and/or high-risk food activities should be conducted from a commercial kitchen.
|
Examples of low/medium risk food activities
|
Examples of high-risk food activities - requires a Commercial Kitchen
|
- Making jam and marmalade to sell at a market stall
|
|
- Making shelf stable baked goods (e.g. cakes and biscuits that can be stored at room temperature)
|
- Manufacturing/preparing foods that must be stored under temperature control e.g soups, some sandwiches, meat dishes, cream filled baked products, etc.
|
|
|
|
Please note: The manufacturing of allergen free products is not suitable to conduct in a domestic kitchen.
For an easy-to-follow guide to starting a home-based food business, please visit the Victorian Department of Health.
Below is a short video explaining the steps for starting up a home-based food business
Temporary food premises are temporary sites or stalls where food is sold. This includes stalls and tents at school fetes, markets, festivals and other short-term events.
Mobile food premises are vehicles such as vans, trailers or carts from which food is sold.
To legally operate a temporary or mobile food premises at events such as festivals, markets, exhibitions, single temporary stalls, fetes or sausage sizzles in Victoria, you must:
- register or notify your temporary and mobile food premises with your principal council
- lodge a statement of trade (SOT) to let all relevant councils know where and when you will be trading in their districts.
This also includes promotional sampling activities such as giveaways at exhibitions, train stations and on public streets and trade shows. Temporary food premises need to be registered (or notified) regardless of whether they are profitable, non-profitable or charity organisations.
Your principal council is:
- the council in which your business routinely prepares or stores food that is to be sold from a van or stall
- the district in which you usually store the equipment for a stall or garage your food van (if food is not usually prepared or stored prior to its sale by your business)
Download and read the Food Premises Design and Construction Guide(DOCX, 4MB) for a helpful guide to setting up your temporary or mobile food premises.
A state-wide online system for registration or notification scheme called FoodTrader applies for temporary and mobile food premises under the Food Act 1984.
Temporary food premises are temporary stalls or tents from which food is sold. It can be any structure that is not permanently fixed to a site.
Mobile food premises are vehicles such as vans, trailers or carts from which food is sold.
FoodTrader is an online system for traders to register and notify temporary and mobile food premises and water transport vehicles in Victoria.
FoodTrader is for:
- food businesses and community groups that sell food from a temporary site, such as a stall, van, trailer, community hall or vending machine
- private water carters that transport and sell water for drinking
Making and selling food brings certain responsibilities. Food-borne illness can cause illness and even death in vulnerable people.
To protect Victorians, all food businesses or community groups that sell food must comply with food laws, including the Food Act 1984 (Vic).
All food business owners and community groups who sell food are legally responsible to ensure that food sold or prepared for sale is safe to eat and free from any contamination.
The requirements that affect your business or group will depend on the type of food you sell.
To legally operate a temporary or mobile food premises in Victoria, you must:
- register or notify your temporary and mobile food premises with one Council in order to operate anywhere in Victoria
- lodge a Statement of Trade (SOT) to let all relevant Councils know where and when you will be trading in their districts.
When you apply through FoodTrader, your principal council will receive your statewide application and will contact you directly via email.
For further information, please contact Council's Environmental Health Unit on (03) 5772 0333.
To register your temporary and mobile food premises on FoodTrader, please follow these steps:
- Create your account on FoodTrader.
- Complete your forms and lodge your application.
Once you lodge your registration application online, Council's Environmental Health Officer will contact you directly regarding any requirements and fees. Your submission will be assessed, to ensure your premises complies with the Food Act 1984.
Some councils also accept payments online via FoodTrader. Murrindindi Shire Council does not currently accept payments via FoodTrader.
Note: You cannot trade until your temporary or mobile food premises has been registered or notified with Council.
Once registered or notified under FoodTrader, you must let all relevant councils know where and when you will be trading in their districts by lodging a statement of trade (SOT) online on FoodTrader, at least one business day before the event.
There is no charge for lodging a SOT with any council.
You do not need to lodge a SOT if you are operating a temporary or mobile premises and are catering at a function or location that is not open to members of the public (such as catering for a wedding reception, work function or members dinner).
Lodging a SOT ensures that you have complied with the Food Act 1984, however, other laws may also apply to your trading.
For example, you may also need:
- permission from a council to operate on council-owned or managed land.
- planning approval from the council if you will be trading in a street.
- permission from the land owner if you intend to operate on private land.
- other required licences, such as a liquor licence (if applicable).
It is the responsibility of the food premises operator to obtain necessary permits.
If you require a Local Law permit to operate/trade in a public area such as a park, reserve or footpath. Please contact Council's Community Laws Unit on (03) 5772 0333 to discuss your needs.