Overview

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The main purpose of the Food Act 2003 is to ensure food for sale is safe and suitable for human consumption. This Act requires Council to monitor the standard of operations in fixed food premises. Compliance with the Act will assist you in providing safe food for your customers. If your specific questions are not answered on this site, refer to Council.

All food businesses in NSW are required to notify the NSW Food Authority and Council of their food activity details, including, any business, enterprise or activity that involves handling of food intended for sale, or the sale of food. Regardless of whether the business, enterprise or activity concerned is of a commercial or community nature; or whether it involves the handling or sale of food on one occasion only, must by law notify the Authority.

Notification of food businesses allows the Authority and Council to maintain a close relationship with all businesses. For example it means we can keep you informed and updated on changes to food legislation.

Since April 2004, new fines have been imposed for a business that have not notified the Authority of their activity. Fines include $55 000 (maximum penalty) for single businesses and $275 000 (maximum penalty) for corporations (Section 100, NSW Food Act 2003).

For further information, refer to the Guidelines in "Tools & Resources".

Those businesses that are already licensed by the Authority. For example, those businesses that are licensed under the NSW Food Production (Meat Food Safety Scheme) Regulation 2000, Food Production (Seafood Safety Scheme) Regulation 2001 or Food Production (Dairy Food Safety Scheme) Regulation 1999 do not need to Notify under this process as well.

Fundraising events, that is, events that raise funds solely for community or charitable causes and not for personal financial gain are exempt only if the food sold is not potentially hazardous or is to be consumed immediately after thorough cooking.

Potentially hazardous food means food that has to be kept at certain temperatures to minimise the growth of any pathogenic micro-organisms that may be present in the food or to prevent the formation of toxins in the food. For example; meat and dairy products are considered potentially hazardous, so a charity or community group providing such foods in exchange for a financial gain is required to Notify.

For more information on who is exempt from notification please contact Council.

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