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Last Updated
Wednesday, June 13, 2018
Home prepared food

Council to regulate home-based food businesses from July 2018

Home based food businesses currently fall under the remit of the NSW Food Authority (the Food Authority) as part of the Manufacturing and Wholesale Inspection Program.

From 1 July 2018, the Food Authority is updating the Food Regulation Partnership (FRP) agreement that empowers councils to undertake local food inspections of all domestic kitchens where food that will be sold directly to the final consumer is prepared.

From 1 July 2018:

  • When a food business sells direct to the final customer (e.g. from the premises or from a market/school canteen etc), local councils will regulate these home-based businesses. It is the responsibility of the business to notify the local council of their business and food activity details. Notification is satisfied via applications to local council for services, permits and approvals, and through rates notice registrations. Councils may conduct inspections for food standards and other council environmental regulations.
  • When businesses do not retail food direct to the customer (i.e. they only sell to other businesses such as a cafe, supermarket or restaurant to on-sell), they need to notify the NSW Food Authority of their business and food activity details.

To notify, go to www.foodnotify.nsw.gov.au

The Food Authority’s inspection program across food industries is limited to higher risk operations. Ready-to-eat, potentially hazardous foods such as sandwiches, salads, non-preservative sauces would be routinely inspected, whilst non-potentially-hazardous foods like jams, chutneys, biscuits or chocolates would not.

Whether a home-based food business falls within the inspection program will be determined on a case by case basis.
Like all food businesses, those based at home must meet the same food legislative requirements as other retail food businesses and comply with the relevant parts of the Food Standards Code.

See the links below for more information on home-based food businesses.

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