Food Safety

Any person selling food or operating stalls or mobile vans used for selling food for human consumption, including any produce, fruit and vegetables or pre-packaged food, is deemed a 'food business' under the Food Act 2003 (NSW) (the Act).

This includes not-for-profit organisations. In addition to your typical restaurant and takeaway shop, the following may also be a food business if they sell food; home industries, chemists, cinemas, corner stores, food transporters, caterers, petrol stations, public swimming pools and sport facilities, as well as food sellers at temporary events such as festivals, fairs, markets and fetes.

The sale of food includes where food is provided as part of a service, is covered by an entry fee, offered as a prize or reward, or where samples are offered to promote a product.

Food safety in NSW is legislated under the Food Act 2003 and the Food Regulation 2010 which require compliance with the Food Standards Code, including the Food Safety Standards developed by Food Standards Australia New Zealand (FSANZ).

Visit the FSANZ for information and to see the Food Safety Standards.

All retail food businesses operating in the Lachlan Shire must be registered with Council, and all medium and high risk premises selling potentially hazardous foods are subject to routine health and hygiene inspections. Food premises are responsible for ensuring Council has current information and contact details for their food business.

To notify us of a new food business or a change of proprietor at an existing food business, please complete a Registration of Food Premises form .

Notification of food details to Council is important so that Council can;

• Contact you in the event of any food safety emergencies, such as food recalls
• Help keep you informed about legislation changes and compliance requirements
• Keep track of how many and what type of food business there are
• Determine the risk classification of each business.

Certain food businesses in NSW are required by law to appoint at least one trained Food Safety Supervisor and penalties may apply if your business does not comply with the requirements.  For more information visit the Food Safety Supervisor section of the NSW Food Authority website.

A copy of the Food Safety Supervisor certificate must be kept on the food premises at all times and available for inspection if Council, or the NSW Food Authority Environmental Health Officers ask to see it. 

There must be at least one Food Safety Supervisor for each food premises, and this person cannot be a Food Safety Supervisor for more than one premises. 

If a person or company operates multiple outlets, a Food Safety Supervisor will be required for each outlet.  The Food Safety Supervisor must be trained by a Registered Training Organisation approved by the NSW Food Authority. 

Not all training organisations that run food hygiene courses are approved by the NSW Food Authority to issue a Food Safety Supervisor certificates.   

Lachlan Shire has many areas of natural and scenic beauty such as lake and river foreshores along with unique localities which lend themselves to recreational activities and tourism. The increased activity in and around these areas creates demand for nourishment facilities, which can be provided in the form of mobile food and drink vendors on public open space including parks, reserves and road ways.

Depending on where and when you intend to operate your mobile food van an Application for Development and/or Construction and/or Section 68 under Section 68 of the Local Government Act 1993 may also be required prior to commencing operation.  All vendors must ensure they comply with Council's Mobile Food and Drink Vendors Trading on Public Parks, Places, Roads and Reserves Policy.