Any business that sells food or drink in the Macedon Ranges Shire must be registered with Council and follow regulations to ensure that the food they sell is safe to eat. This includes:
- Cafés and restaurants
- Domestic / home kitchens
- Mobile food vans and coffee vans
- Food stalls at markets or events
- Grocers and supermarkets
- Childcare centres and aged care facilities
- Any other business preparing or selling food or drinks
Thinking of starting a new food business? Whether it’s a café, restaurant, catering company, food truck or home-based business, there are important legal and safety requirements you need to follow before you begin trading.
All food businesses in Australia must comply with the Food Act 1984 (Vic) to ensure food sold to the public is safe and suitable to eat. This applies no matter how big or small your business is.
Key responsibilities include:
- Preparing and handling food safely.
- Keeping your premises clean and well maintained.
- Ensuring your staff are properly trained in food safety.
Food Premises Classifications
There are five classes of food premises: class 1, class 2, class 3A, class 3, and class 4. Food premises are classified based on the level of food safety risk.
Class 1
Class 1 food premises are those that predominantly handle hazardous food that is served to vulnerable people in:
- Hospitals
- Child care centres and kindergartens
- Aged care facilities
Class 2
Class 2 food premises are those that handle unpackaged potentially hazardous foods which need correct temperature control during the food handling process – including cooking and storage – to keep them safe. This premises type includes:
- Restaurants and cafés
- Fast food outlets
- Pubs/hotels
- Caterers
- Delicatessens
- Supermarkets with delicatessens
- Most manufacturers
Class 3A
A class 3A food premises is one where one or more of the following food handling activities occurs:
- Preparation and/or cooking of potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises.
- Food is made using a hot-fill process resulting in a product such as chutney, relish, salsa, tomato sauce or any other similar food, that:
- is made at a home-based or temporary food premises, for example, a hired kitchen, and
- has been heat treated to a temperature of not less than 85 °C and then filled and sealed hot into its packaging, and
- is acidic (pH of less than 4.6), and
- has salt or sugar or any other preservative added.
Class 3
A class 3 food premises are those whose main activities involve the sale of foods not commonly associated with food poisoning. This includes the supply or handling of unpackaged low risk foods, or the sale of pre-packaged hazardous foods which need refrigeration to keep them safe. Premises expected to fall into class 3 include:
- Fruit stalls selling cut fruit
- Wholesalers distributing pre-packaged foods
- Most milk bars and convenience stores
Class 4
Class 4 food premises are those whose food handling activities pose low risk to public health. They include the following:
- Coffee vans/carts serving coffee, tea (with or without milk, soy, almond or any other liquid), water, soft drink (except fermented soft drinks containing a live culture) intended for immediate consumption
- Premises which sell shelf-stable pre-packaged foods such as confectionary
- Bottle shops
- Premises which sell uncut fruit and vegetables such as stalls at farmers markets and greengrocers
- Shops and stalls selling packaged cakes (excluding cream cakes), bottled jams or honey.
- Seasonal kindergartens serving low risk food and cut fruit
- Stalls running simple sausage sizzles, where the sausages are cooked and served immediately – Can include onions, sauce and bread. Does not include hamburgers or other high risk foods
If your business is a class 4, you will need to fill out the Notification form(DOCX, 175KB).
Plan Your Premises Fit-out
Before setting up or making changes to your premises, ensure your kitchen, fixtures and equipment meet The Food Standards Code for the design, construction and fit-out of food premises. Poor design can delay your registration.
Speak to council early about plans for:
- Layout of kitchens and food preparation areas
- Handwashing stations
- Ventilation, lighting and waste disposal
Use our Food Premises Structure Guide(PDF, 860KB) to help understand the layout and design requirements. It's important to review this before starting your fit out.
Food Safety Requirements
Council's Environmental Health officers perform an important role by ensuring local food businesses are complying with the provisions of the Food Act and Australian Food Safety Standards.
The following duties are performed to protect the community and raise food hygiene standards:
- Inspect food premises to ensure food is prepared and sold in a safe manner
- Conduct food sampling
- Investigate food related complaints
- Conduct food recalls
- Seize potentially unsafe food to prevent its sale
Food Safety Supervisors
Everyone who works in a food business – including the proprietor – is responsible for the delivery of safe food to the customer. All class 1 and most class 2 premises must have a food safety supervisor.
The food safety supervisor must have the minimum competencies for the food sector they work in and have a Statement of Attainment to be a food safety supervisor in their sector. Training courses are provided by registered training organisations.
For more information on Food Safety Supervisors, visit the Department of Health website.
Food Safety Programs
In Victoria, all class 1 and most class 2 food premises need a food safety program.
A food safety program (FSP) is a written plan that shows what a business does to ensure that the food it sells is safe for people to eat. It is an important tool to help businesses safely handle, process or sell potentially hazardous foods and maintain safe food handling practices to protect public health.
The Department of Health Victoria provide food safety templates which are an easy way for food premises to write a food safety program. You will also need to nominate a food safety supervisor when you submit your food safety program. This person will be responsible for the implementation of the food safety program.
Food Labelling
Food labels can provide a wide range of information to help consumers make food choices.
Food labels also help to protect public health and safety by displaying information such as use by dates, ingredients, certain allergens, instructions for storage and preparation, and advisory and warning statements.
FSANZ sets the standards for what information must be on food labels.
Ready to apply?
Before you begin your application, if you wish to speak with us to make sure you understand your legal obligations under the Food Act 1984. Call us on (03) 5422 0333.
Since 1 July 2021, food registrations cannot be transferred when buying an existing food business. You must apply for a new food premises registration.
If you’re considering buying a business, you can request a pre-purchase inspection report to understand its current condition. The existing owner must give permission before we release this information.
This information can be obtained by completing the Pre-purchase inspection form(DOCX, 169KB) / Pre-purchase inspection form(PDF, 235KB) that must be completed by both the existing owner and the person who the information is to be released to.
Refer to the information and application under "Starting a New Food Business - What You Need to Know".
FoodTrader is a state-wide registration and notification scheme for temporary and mobile food premises, including water transport vehicles. To legally operate a temporary or mobile food premises or water transport vehicle at events such as festivals, markets, exhibitions, single temporary stalls, fetes or sausage sizzles (in Victoria), you must:
- register or notify your temporary and mobile food premises with your local council in order to operate anywhere in Victoria
- lodge a statement of trade (SOT) to let the relevant councils know where and when you will be trading in their districts.
Examples of those who need to register via FoodTrader include:
- Businesses selling food from a temporary site, such as a market or a festival stall
- Businesses selling, giving away or sampling food at an exhibition or a trade show from a stall
- Farmers selling produce at markets from a stall
- Home-based business selling baked goods at markets
- Mobile food vans or trucks
- Coffee vans
- Vending machine business
- Water carters
- Community groups hosting a sausage sizzle or cake stall
- Community groups selling food at a market or a festival
- Community groups cooking and selling food from a food truck or a trailer
- Schools holding a fete or festival.
To register or notify Council of your temporary or mobile food premises, please use the online FoodTrader system. You may also require a council registration, your Health Officer will advise you if this is the case.
Why Food Safety Matters
Food businesses have a responsibility to ensure the food they prepare and sell is safe to eat. Unsafe food can cause serious illness. Councils work with businesses to help them meet legal requirements and protect public health.
Maintaining good food safety practices helps:
- Prevent food poisoning
- Protect the reputation of businesses
- Keep our community healthy
Common Food Safety Issues
Examples of poor food safety practices include:
- Undercooked or contaminated food
- Poor food storage (wrong temperatures)
- Dirty kitchens or equipment
- Pests such as rats or cockroaches
- Poor personal hygiene (e.g., no handwashing)
- Cross-contamination (e.g., raw meat touching ready-to-eat food)
How to Report a Food Safety Concern
If you are concerned about the safety or hygiene of a food business, you can report it to your local council’s Environmental Health Team. Councils are responsible for investigating complaints about food businesses within their municipality. Examples of concerns you can report to council:
- suspected food poisoning
- foreign object in food
- unhygienic food handling, storage, transport or preparation
- unclean food premises
- presence of food allergens in a meal despite the consumer advising the food business of their allergy and requirements
- food handler not knowing what food allergens are in the business’ meals
- spoilage such as mould growth
- incorrect or incomplete food labelling, such as the failure to include the presence of food allergens
- the sale of food from an unregistered food business.
To report your concern, contact our Customer Service team on 5422 0333 or send us an email. Your information will be treated confidentially.
To help us investigate, please provide as much detail as possible:
- Business name and address
- What happened (describe the issue)
- Date and time of the incident
- Any supporting evidence (photos, receipts, packaging)
- If you became ill, details of your symptoms and when they occurred
- If possible, do not throw out the food. Clearly label it with "do not eat" and advise other members of your household not to eat it. Store it in the fridge until you have spoken with a Health Officer.
Please be aware that Environmental Health Officers cannot act on your behalf to get reimbursement of the cost of the food, compensation or damages and it cannot provide legal advice. Members of the public are advised to obtain their own independent legal advice on such matters.
Will I need a planning or building permit?
A planning permit might be required, especially if you’re operating from a new premises or applying for a liquor licence. A building permit may be required, especially if you are altering the structure. You should speak to the building and planning departments to discuss on 5422 0333
Can I put up an A-frame or seating outside my premises?
Yes, but you'll need a Roadside and Footpath Trading Permit to use council land for goods, signage, or seating areas.
I am only making cakes and sweets from home and selling occasionally, do I still need a registration?
Yes, even if you are only making cakes and sweets from home and selling them occasionally (for example, at markets, fetes, or through online orders), you are still required to register your food business with Council under the Food Act 1984.
If you’re only selling at markets or events, you may also need to register through FoodTrader to notify councils where you’ll be trading.
Can I operate my food van on council land?
Yes, but you will need a Mobile Trading Permit from our Local Laws department.