Food Shops and Vendors
This webpage contains information relevant to setting up a Food Shop within the Mid-Western, a downloadable version of this information is available in the Food Shops Factsheets.
- Starting a new food business
- Registering a food business
- Mobile and Temporary Food Vendors
- Footpath dining
Starting a New Food Business Premises
If you are thinking about starting up a new food business premises, one of the first things you need to consider is where you plan to locate the business and whether or not the location has approval for your intended use. For instance if you plan on renting a premises that has been operating as an office, you will need to lodge a Development Application for a "Change of Use". Even if you will be using the premises for the same use as the previous tenants, you may still need to lodge a Development Application if you are going to be making any changes to the building or erecting any signage.
To find out whether or not you will need development approval or if there are any restrictions on the intended premises, you can contact the Duty Planner or make an appointment with one of our staff to discuss in more detail what will be required.
Food Shop Registration
ALL FOOD HANDLING BUSINESSES IN NSW ARE REQUIRED TO BE REGISTERED
Under the NSW Food Act 2003, all food handling businesses are required to notify their details to the NSW Food Authority. The only exceptions are those food businesses in certain industries that are directly licensed by the NSW Food Authority. Notification can be done quickly and for free by using the following link www.foodnotify.nsw.gov.au.
You will also need to notify/register the food business premises with Mid-Western Regional Council by submitting the registration form.
You will need to submit this form along with a floor plan of the business and registration fee prior to the commencement of the sale of food. This information will be added to a registry for the purposes of monitoring mandatory annual food safety inspections and for contact details should be need to inform you of any urgent food related matters, eg. food recalls, food-borne illness outbreaks, etc.
The above information in relation to Development Approval and Food Business Notification also applies if you are considering a home based food business (eg. cooking jams at home to sell at markets, home based catering service, etc.) Further useful information and guidelines can be found on the NSW Food Authority's website including their Factsheet "Home based Food Businesses".
Temporary Food Events
Thanks to our region's beautiful scenery and moderate climate we enjoy a multitude of outdoor events, particularly around September when the Wine Festival kicks off. As such there are an increasing number of opportunities for temporary food stalls and events. Even though they are temporary there are still some requirements that need to be met in order to comply with current food laws and ultimately to ensure that food being sold is safe.
As with permanent food business premises, temporary food events are required to be notified to both the NSW Food Authority and your local Council. Refer to the section above for more details on Food Shop Registration.
If your intention is to hold a fund-raising stall such as a sausage sizzle in one of Council's designated street stall areas (e.g. Bill Cox Square on Market Street), you will also need to book the required time in with Council's Customer Service Section and make sure you provide us with a copy of your Public Liability Insurance before the event. The insurance must be current, to a minimum value of $10 million and must also note Mid-Western Regional Council as an "interested party". Any activities on Council footpaths must also comply with our Business Use of the Footpath Policy.
Further guidelines have been developed by the NSW Food Authority in consultation with local councils to assist food operators trading at temporary events such as festivals, fairs and markets, and outlines specific requirements which need to be complied with to meet the practical requirements of the current food laws - Food handling guidelines for Temporary Events
Footpath Dining, Advertising & Sale of Goods
Council supports and encourages the use of footpaths for outdoor dining in a manner that maintains the unimpeded and safe flow of pedestrians while enhancing the aesthetics and commercial viability of the central business districts. With these aims in mind we have developed the Business Use of Footpath Policy.
If you are interested in using the footpath outside your business for outdoor dining, advertising or sale of goods, please refer to the Business Use of Footpath Policy listed above for guidelines, restrictions and application form. Please note that the consumption of alcohol is not permitted in footpath restaurants, nor are animals permitted in these areas (with the exception of guide dogs as defined in the Disability Discrimination Act 1992.)
Food Standards Code: www.foodstandards.gov.au
NSW Food Authority: www.foodauthority.nsw.gov.au
NSW Health: www.health.nsw.gov.au
NSW Legislation: www.legislation.nsw.gov.au
You may also need to contact the NSW Department of Fair Trading and/or the Australian Business Register with regards to obtaining an ABN and/or any other licences that may apply to your business. Their contact details are:
NSW Department of Fair Trading: www.fairtrading.nsw.gov.au
Australian Business Register: www.abr.gov.au
Download the Food Shops Factsheet Here: (166kb) (PDF 166Kb)