Council works with the NSW Food Authority to ensure that food businesses comply with the requirements of the Food Act 2003.
Section 21 of the Food Act 2003 requires all food businesses to comply with the requirements of the Food Standards Code, including:
Routine Inspection Program
To ensure compliance with the Food Act 2003, Council Environmental Health Officers carry out random inspections of retail food businesses (other than butcher’s shops) and take enforcement action where necessary.
The inspection frequency will vary with the risk classification of the business and level of compliance:
- High-risk businesses include restaurants, takeaway food shops and other businesses selling high-risk ready-to-eat foods, and will normally receive at least 2 inspections per year
- Medium-risk businesses include bread shops, green grocers and service stations selling medium and low risk foods, and will normally receive at least 1 inspection per year
- Low risk businesses include newsagents, pharmacies and variety stores selling low-risk packaged foods, and will normally be inspected on complaint only.
Unsatisfactory inspections are followed up to ensure compliance with the food safety laws.
Enforcement options include:
- Verbal and written warnings
- Improvement notices
- Prohibition orders
- Seizure of food
- Penalty notices
- Prosecution
Fees are charged for inspections and improvement notices. View the current Fees and Charges.
New Food Businesses
Development consent may be required from Council under the Environmental Planning and Assessment Act 1979 before setting up a new food business.
A construction certificate may also need to be obtained from Council or an accredited private certifier before carrying out any building work associated with the development.
Where it is proposed to change the use of an existing food shop to another type of food shop it may be possible to carry out that change of use and any internal alterations to the building as complying development.
Where a change of use satisfies the requirements for complying development, a complying development certificate will need to be obtained from Council or an accredited private certifier before carrying out the development.
All new food premises and alterations to any existing premises must comply with the requirements of Standard 3.2.3: Food Premises and Equipment and Australian Standard AS 4674-2004: Design, construction and fit-out of food premises.
Copies of AS 4674 may be purchased from SAI Global or call 131 242.
Home-Based Food Businesses
Home-based businesses involving the preparation of food are classified as home industry, and are prohibited in most residential zones and some other land use zones within Ryde Local Government Area.
Anyone proposing to carry out a home-based food business should contact Council to determine whether the use is permissible within the land use zone where their dwelling is located.
If the use is permissible, development consent will be required from Council before setting up the food business.
Also, the premises must comply with the requirements of Standard 3.2.3 Food Premises and Equipment and Australian Standard AS 4674-2004: Design, construction and fit-out of food premises.
Copies of AS 4674 may be purchased from SAI Global or call 131 242.
Temporary Events
Development consent may be required from Council under the Environmental Planning and Assessment Act 1979 to hold a temporary event.
All temporary food stalls must comply with the Food Handling Guidelines for Temporary Events and all food vending vehicles must comply with the Mobile Food Vending Vehicles Operation, Construction and Food Handling Guidelines.
Mobile Food Vending
Approval is required from Council under Section 68 of the Local Government Act 1993 to use a standing vehicle or other article for the purpose of selling in a public place.
Any person wishing to obtain approval to use a mobile food vending vehicle for street vending (ie. making brief intermittent stops to sell ice creams and similar products) must complete a Mobile Vending Application Form(PDF, 33KB) and submit it to Council with the approved fee.
Approval will not be granted to sell within 200 metres of any business selling the same or similar products or on any Prohibited Roads(PDF, 34KB).
All mobile food vending vehicles must comply with the Mobile Food Vending Vehicles Operation, Construction and Food Handling Guidelines and be inspected by Council’s Environmental Health Officer before trading commences.
To arrange an inspection of a mobile food vending vehicle contact Council’s Customer Service Centre on 9952 8222.
Food Business Notification
All food businesses are required to notify their business details to the NSW Food Authority before trading commences.
Click here to download the relevant forms to register your business.
Food Handler Skills and Knowledge
Every person undertaking or supervising food handling operations (excluding certain charitable or fundraising events) must have the skills and knowledge they need to handle food safely.
The exception for charitable or fundraising events applies to events where the food is not potentially hazardous or is cooked and eaten straight away.
To assist people involved in food handling operations to obtain the necessary skills and knowledge Council conducts food hygiene courses in conjunction with Ryde TAFE.
The course is conducted over two 3 hour sessions and includes:
- Food/workplace hygiene procedures
- Handling food in a safe and hygienic manner
- Identifying major causes of food poisoning and food spoilage
- Legal procedures and regulations
- Cleaning and maintenance practices
- Pests and pest control
- Personal and environmental hygiene
- Rubbish storage and environmentally sound methods of disposal
- Food safety plans.
Participants who complete the course receive a TAFE Statement of Attainment.
Food Safety Supervisor Requirements
From 1 October 2011 most food service businesses are required to appoint a trained food safety supervisor (FSS) and notify Council of their FSS details.
Businesses affected include restaurants, cafes, takeaway shops, caterers, bakeries, clubs, hotels, and supermarkets selling hot food (eg. barbequed chickens).
Training must be provided by a registered training organisation approved by the NSW Food Authority.
Further information about the FSS requirements and a list of approved training providers may be obtained from the NSW Food Authority.
To notify your FSS details:
Resources
More Information
For further information contact Council’s Customer Service Centre on 9952 8222.