Supporting the Health and Safety of
the Community
Guidelines
for Home
Based Food
Businesses
Ensuring food safety
Bega Valley Shire Council - June 2013
What is a home based food business?
A home based food business is an enterprise or activity involving the storage, preparation and/or off
premises sale of food, where the food is prepared/stored within residential premises. This may
include food businesses storing foods, making jams and preservatives, biscuits and cakes,
repackaging lollies, cooking foods, or selling fresh produce or eggs wholesale or retail. (as defined in
the BVSC LEP)
What is involved with starting up a Home Based Food Business?
This guideline establishes standards for the handling, storage and preparation of food for sale from
residential premises. This guideline is intended for use when the food is manufactured in residential
premises for the CONSUMPTION OFF THOSE PREMISES.
Before you get started here is some important information you will need to know.
In recent times there has been an increasing trend in home food businesses. Particularly because of
the convenience, cost saving or earning additional funds and recent trends in selling fresh produce
and home baked goods at market stalls.
The preparation of food for sale to the public in domestic/ home kitchens may be permitted;
however, preparing food for sale differs greatly from cooking for the family. There are a number of
things that you may be required do before you begin operating a food business from home.
It is important that you understand the requirements and do your research before beginning the
endeavour into a home food business. The requirements for the sale of food are stringent and
setting up a food business from home can cost a considerable amount of money.
Persons intending to establish such an operation should be aware that approvals may be required
from the Local Council and may also require Development Approval.
When food is manufactured and offered for sale the premises used must comply with several
standards including:
Food Act 2003 and Food Regulations 2010,
Food Safety Standards 3.1.1, 3.2.2, and 3.2.3; and
The National Food Premises Code: Australian Standard for the Design, Construction and Fit-Out of
Food Premises
If your operations are approved your food business may require regular routine inspections from
Council’s Environmental Health Officers to ensure compliance with the NSW Food Act and Food
Safety Standards. These inspections are conducted at reasonable times and are subject to fees in
accordance with Councils Fees and Charges in force from year to year.
Do I need approval for a Home Based Food Business?
Approval may be required under NSW Planning laws for home based food businesses. You may
need to complete and submit a development application form to use your residential premises for
the handling of food. In addition attach any supplementary information as required. Approval may
be required before you can use your premises for handling, storage and preparation of food for sale.
What are the next steps in my application process?
Inspection – Once Council has received your application form to have a home based food
business, Council will arrange with you to conduct a preliminary inspection of your premises
Consultation – Your application will then be referred to appropriate Council staff for assessment.
Further information or plans may be required from Development Services throughout the
application process.
Decision – A decision will be made on your application upon receipt of all required information. A
written outcome will be provided to you.
Notification Form – If approved, you will need to comply with any conditions attached to the
development consent, you will need to register with Council as home based food business as well.
Routine Inspection – If approved, your premises will be scheduled for routine inspections. In
accordance with Council’s inspection program fees may apply to these routine inspections.
Do I need to tell anyone about my food business?
Under the requirements of the Food Act 2003, all businesses undertaking food handling activities or
selling food are required to notify the NSW Food Authority of their food business details on the
approved food business notification form or online at www.foodnotify.nsw.gov.au
Businesses are required to notify of their operations within 14 days of beginning operations; changes
in ownership or contact information; and when the business ceases to operate. Operating a food
business without notifying the NSW Food Authority and or with sub standard or non compliant
premises is an offence and penalties can apply.
What facilities will I need?
All premises used in the handling of food, including the use of food vending vehicles or vehicles used
for the transportation of food, MUST comply with the Food Act and Food Safety Standards and must
be notified (see notification above) to Council.
Facilities used for the storage, handling and or preparation of food must be constructed and fitted
out in accordance with the requirements of Food Safety Standards 3.2.3, and the National Food
premises Code.
1. A separate room or building must be provided exclusively for the handling, storage and
preparation of food for sale from residential premises, and it must be physically separated by a wall
or self-closing lockable door, from the rest of the domestic premises/environment. The facilities
must be of a commercial standard where the following conditions apply:
The activity is considered to be wholesale / or retail (as defined in this guideline), and / or The food
product being manufactured is deemed to be potentially hazardous
2. Equipment used should be of commercial design and of sufficient capacity to cope with the
requirements of the activity. This includes fridges, freezers, ovens, sinks, dishwashers.
3. The size of the kitchen and storage area should be adequate for the intended use.
4. Hot and cold potable water must be connected to the required sinks and hand basin and the hot
water system should be of sufficient capacity to cope with the intended demand.
The use a domestic kitchen of residential premises can be used in certain circumstances as
described below in ‘Can I use my domestic kitchen for a home based food business?’
Please note that the home activity requirements under the Environmental Planning & Assessment
Act 1979 have limitations on equipment that can be used in residential environments, and the area
that can be used for a home business (E.g.: area must be <100 m2), along with service demands, eg
trade waste connections. Exceeding these requirements will deem your activity unsuitable for a
residential environment. Please refer any queries to Council’s Development Services or further
information can be found at www.begavalley.nsw.gov.au.
Can I use my domestic kitchen for a Home Based Food Business?
In most cases the equipment and surfaces within domestic kitchens are not designed to meet the
requirements and may damage easily with the increased use, therefore upgrading may be required
which can be very costly.
Domestic kitchens are not designed for commercial use and the majority of domestic kitchens do not
have a separate hand basin installed. Hand basins are required in all kitchens where food is prepared
for sale. The premises must be set up in accordance with the Food Standards Code- (Construction
and Fit out of a Food Premises. www.foodstandards.gov.au/foodstandards/
A basic overview of the food standards code requirements are listed below:
• There needs to be adequate workspace for the satisfactory performance of food handling and
preparation.
• The design and layout of the premises and equipment should facilitate safe and hygienic food
processing.
•. Food and equipment for domestic use must be stored separate to food and equipment for
commercial food production to prevent contamination.
• There must be an adequate supply of Potable hot and cold running water to meet both the
demands of the business and domestic use.
• Suitable washing facilities (sink or dishwasher to accommodate all food utensils) must be provided
for cleaning, rinsing and sanitizing of utensils and equipment and must be provided with hot and
cold water. Note: some domestic dishwashers may not meet heat requirements for adequately
sanitising equipment and utensils. Check with manufacturer instructions.
• The premise requires the provision of a designated hand basin/s with a continuous supply of hot
and cold water, through a single outlet. A hand basin/s is to be installed within all food
preparation/handling areas. The hand basin/s is to be a separate sink from the wash up sink and be
large enough to facilitate adequate hand washing.
• Walls behind sinks, basins and preparation areas must be covered in a smooth impervious,
continuous material which is easily cleanable.
• Walls and ceilings are to be provided in all rooms of the food premises, which are easy to clean.
• Suitable floor coverings are to be provided in all food handling, preparation and storage areas. In
these areas the floor must:
a. Be able to be effectively cleaned;
b. Not be able to absorb grease, food particles or water;
Hand Washing Facilities
Most domestic kitchens that are well maintained would comply with the Standards except for the
requirement to have dedicated permanent hand washing facilities. A kitchen that has a double bowl
sink may comply if one bowl is used exclusively for hand washing when food is being prepared for
sale.
A single bowl sink that is also used for food preparation would not meet this requirement however,
Council may issue an exemption that will allow the use of alternative hand washing arrangements
(e.g. hand‐washing facilities in nearby bathroom) if they consider the facilities to be adequate.
A risk assessment of the premises and the food being prepared would need to be undertaken. Hand
soap and single use towel must be provided adjacent to the hand washing facility at all times.
What health and hygiene requirements do I need to comply with?
Every person in the food preparation or food storage area must comply with requirements of the
Food Act 2003, Food Regulations 2010, and the Food Safety Standards as listed above, with
particular attention to the following:
 Family members or other persons not directly connected with food preparation are
restricted in their access to the area where food is handled or stored.
 No person shall smoke in the food preparation or storage area.
 Normal domestic duties are not permitted in the food preparation or storage area if you do
not have approval to use your domestic kitchen.
 No food intended for home domestic use is to be stored or prepared in the home catering
kitchen.
 Household pets of all kinds are not to have access to, or be in the food preparation or
storage area at any time.
 Decorations, pot plants and curtains, which render various surfaces incapable of being
adequately cleaned, must be avoided.
 Garden fertilisers, household insecticides, chemicals and medications must not be kept in
the food preparation or storage area.
 All food manufactured or stored intended for sale must comply with the requirements of the
Food Act and Food Regulations, and the National Food Authority Food Standards Code.
Cleaning and sanitising
It is important that equipment and surfaces in your premises are cleaned and sanitized correctly to
minimize the transmission of infectious diseases and protect food from contamination. A food grade
sanitizer must be used in all commercial and home based food premises. Information on sanitisers
and their appropriate use can be obtained by contacting your Environmental Health Officer who will
discuss the requirements and provide you with a fact sheet.
Water Supply
Food premises must have an adequate supply of potable water for washing food ingredients,
cooking, adding to food or drinks, making ice, cleaning, sanitising and personal hygiene. This is not a
particular issue if your premise is provided with a reticulated water supply. However, if your
premises is on a private water supply you will have to give particular thought to how you will treat
the water to a potable standard. Please contact Council for more information if your premises are
not supplied with a Council reticulated water supply.
Are there any special requirements around the transport of food?
Food transportation vehicles used to store or convey food for sale, should not be used for any other
purpose that may contaminate or affect the safety or quality of the food. The food to be transported
must be packaged, wrapped or enclosed in containers, sealed bags or the like so that the food is
protected from any contamination during transportation. Special care must be taken to ensure
potentially hazardous food is stored under correct temperature control.
Do I need to label the food I make?
All packaged food prepared and offered for sale MUST be labelled correctly according to Chapter 1;
part 1.2 of the Food Standards Code. Certain information is required on the label to ensure
customers can make informed choices when purchasing food including persons with allergies. The
following points must be included when labelling food products.
• Name and/or description of the food;
• Identification of the ‘lot’ number (Food Recall information);
• Name and Australian street address of the supplier of food (Food Recall Information);
• List of ingredients;
• Date mark; Use by / Best Before, or baked on Baked for (Bread etc)
• Nutrition information panel (NIP);
Storage and use• Country of origin of the food; and
• Warning and advisory statements (e.g. allergens)
 Characterising ingredients (e.g. Strawberry Yoghurt (9%). As the product is yoghurt it is
different from Banana or Chocolate Yoghurt)
For detailed information on food labelling including access to the FSANZ’s Nutrition Panel Calculator
(NPC), which helps food manufacturers calculate the average nutrient content of their food
products, visit the following web site www.foodstandards.gov.au
Do I need to appoint a food safety supervisor and/or do I need to do
food safety training?
In NSW certain food businesses are required to appoint a food safety supervisor typically where
ready to eat food is produced that contains potentially hazardous foods and not sold and served in
its package see the NSW Authority’s webpage http://www.foodauthority.nsw.gov.au/industry/fssfood-safety-supervisors / for more information.
It should be noted that all food businesses in NSW must ensure that all food handlers have adequate
skills and knowledge in food safety and food hygiene commensurate with their activities
Bega Valley Shire Council provides access to a comprehensive free online food safety training at
http://www.begavalley.nsw.gov.au/cp_themes/default/page.asp?p=DOC-XWK-57-41-13.
Do I need a food recall procedure?
Food Safety Standard 3.2.2 cl 12 requires that businesses involved in the manufacturing or wholesale
supply of food need to have a recall procedure in place. This involves having a written system in
place to ensure the recall of unsafe food which needs to be made available upon request to an
authorised officer. For information on designing a food recall plan visit the Department of Health
Website http://www.health.sa.gov.au/pehs/Food/food-recalls.htm
What if the food is for fund raising functions?
It is not the intent of this guideline to prevent the “one off” preparation of non potentially hazardous
foods such as items of confectionery, biscuits or cakes for sale at fund raising functions. However, all
safeguards associated with food handling and food hygiene should be adhered to during the
handling and packaging. Food for fund raising is still subject to labelling requirements.
What if the event is outdoors?
When food is prepared at the point of sale, such as an outdoor function, the preparation area must
comply with the NSW Food Authority’s Guidelines for Food Businesses at Temporary events. These
guidelines can be downloaded from http://www.foodauthority.nsw.gov.au/industry/industry-sectorrequirements/markets-and-temporary-events/ .
Are there penalties?
Substantial penalties apply for non-compliance with the provisions of the Food Act 2003 and Food
Regulations 2010, and the Food Safety Standards. Penalties may also apply for operating a home
based food business without Council approval under the EP&A Act.
Where can I find further information?
Councils Environmental Health Section can be contacted on 6499 2222 and are able to provide food
safety information.
Additional information on your legislative requirements and safe food handling can be found at the
following web pages:
http://www.foodauthority.nsw.gov.au/industry/
http://www.begavalley.nsw.gov.au/cp_themes/default/page.asp?p=DOC-XWK-57-41-13.
http://www.foodstandards.gov.au/foodstandards/foodstandardscode/