Starting a new food business? Check out our guideline!

The below guideline steps out the approval process, outlines the requirements for construction of a food business and helps connect you with the people and teams you need to talk to.

Please review these guidelines first and if you have any questions about your business you are welcome to contact the City's Health Services team at 9273 6000 to discuss the business proposal over the phone or arrange an in-person meeting at our office. We are here to help you get it right from the start!

We are also able to provide general written advice to make sure you are on the right track. Please send an email to mail@vincent.wa.gov.au with a brief business proposal, the address and any questions.

City of Vincent Food Business Guideline

What are the requirements to operate a food business?

The Food Act 2008 specifies the notification and registration requirements, definitions of a food business and what is considered food for sale, amongst other things. It is the principle legislation governing food businesses in WA. Most food business are required to be registered with the City, however there are some exemptions as listed below:

• The food business is conducted to raise money solely for purposes that are of a charitable or community nature and any food handled is not potentially hazardous food or after being appropriately cooked, is provided by the food business for immediate consumption (e.g. sausage sizzles).
• If the food business consists solely of selling food that is not potentially hazardous food and that cannot be handled because the food is contained in a closed package (e.g. newsagents or chemists selling packaged confectionery).
• If the food business consists solely of providing complimentary drinks in conjunction with another business conducted at those premises that is not a food business (e.g. hairdressers); or
• If the food business is a registered establishment (for the purpose of section 109 of the Food Act - these are managed by the WA Department of Health).

The business and premises will need to comply with the Food Standards Code (as adopted by the Food Act 2008) in relation to the standard of food products sold (Chapters 1 and 2) and the Food Safety Standards (Chapter 3). For an explanatory guide to Food Safety Standards (Chapter 3), please refer to Safe Food Australia.

The City's Food Business Guideline is a good start to gathering the information you will need to ensure the premises and business complies. If you require any clarification, please contact an EHO on 9273 6533 to discuss further.

Food Standards Code

Food Safety Standards (Chapter 3)

Safe Food Australia

City of Vincent Food Business Guideline

What applications and information do I need to submit?

Please ensure you follow the new business approval process to ensure you have the relevant planning and building approvals as the first step. For more information visit:

Starting a new business

First, read the above dropdown titled 'What are the requirements to operate a food business?' so you can familiarise yourself with the legislative requirements.

In order for the business to be registered under the Food Act 2008, you will need to submit either a Food Business Notification / Registration Form or a Food Business Notification / Registration Form - Kitchen Hire*. See the Forms dropdown menu below to download the relevant application form.

*If you are hiring a commercial kitchen from Perth Kitchen Hire or are subleasing from an existing registered food business you will need to complete this form as it has additional information that we require in order to assess your application. 

You will also need to provide information such as:

• Scaled floor plans and sectional elevation plans showing the position of all fixtures and equipment including*:
  • information on all wall, floor and ceiling finishes
  • an indication of hot and cold water supply and wastewater services
  • location and details of toilet facilities
  • mechanical exhaust ventilation and grease traps (where applicable)
  • information on bin storage enclosures and wash down facilities
• Sample menu.
• Copy of ABN or ASIC registration.
• Food safety training, qualifications or relevant experience.
• If you are undertaking any other activity in relation to the food business outside of the City, you will need to provide approval/confirmation from the other relevant local governments.
• For manufacturers, see the dropdown titled 'I want to manufacture food for sale. What do I need to do?' for specific information you'll need to provide.
• You may be requested to provide additional information on your processes e.g. cooling and reheating method, to comply with the Food Standards Code.

If you are making any products that contain allergens, please also read the allergens dropdown below for more information on what is required. Free online allergen training is also available.

Your food business will be assessed on it's whole operation from receipt of food from your suppliers; preparation, storage and packaging; transport (if applicable) and through to sale to your customers, whether that occurs wholly within the City, or across another local government area.

It's important that you have documented processes for each step to assist the Environmental Health Officer who is assessing your application.

For general information of food businesses please also visit the following websites:

• WA Department of Health
• Food Standards Australia New Zealand (FSANZ)

I want to hire or sublease an existing commercial kitchen. What do I need to do?

First, read the above dropdown titled 'What are the requirements to operate a food business?' so you can familiarise yourself with the legislative requirements.

In order for the business to be registered under the Food Act 2008, you will need to submit a Food Business Notification / Registration Form - Kitchen Hire. See the Forms dropdown menu to download the form.

You will also need to provide information such as:

• Sample menu.
• Copy of ABN or ASIC registration.
• Food safety training, qualifications or relevant experience.
• If you are undertaking any other activity in relation to the food business outside of the City, you will need to provide approval/confirmation from the other relevant local governments for example storage of food or equipment.
• If you are preparing food in the kitchen and operating a food stall you'll need to provide a stall layout plan and photos of the stall set-up in your backyard or other premises with all equipment (where possible).
• For manufacturers, see the dropdown titled 'I want to manufacture food for sale. What do I need to do?' for specific information you'll need to provide.
• You may be requested to provide additional information on your processes e.g. cooling and reheating method, to comply with the Food Standards Code.

Your food business will be assessed on it's whole operation from receipt of food from your suppliers; preparation, storage and packaging; transport (if applicable) and through to sale to your customers, whether that occurs wholly within the City, or across another local government area.

It's important that you have documented processes for each step to assist the Environmental Health Officer who is assessing your application.

If you are making any products that contain allergens, please also read the dropdown menu on allergens below for more information on what is required. Free online allergen training is also available.

You must be aware that by using a shared kitchen, there may be additional food safety risks associated with sharing fixtures, fittings, equipment and cold and dry storage facilities at the premises. As the proprietor of a food business using a shared kitchen you will need to implement measures, so far as practicable, to mitigate these risks. These risks include, but are not limited to:

• cleaning and sanitising of workstations pre and post use
• allergen cross contamination
• protecting food from contamination (processing, storage and transport)

I want to operate a food vehicle/trailer or food stall. What do I need to do?

There are two approval requirements that apply to food vehicles, trailers and stalls:

1. Registration of the food vehicle, trailer or stall 

Food vehicles & trailers: Registration of a vehicle or trailer is usually at the address of where it will be garaged when not in use. This depends though on the complexity of food prepared and where it is prepared as it's a risk-based approach and assessed on a case-by-case basis.

A food vehicle can be considered as a premises, if it wholly complies with the Food Standards Code, in that all food preparation and operations (such as storage of food, water supply etc) can be completed safely inside the vehicle/trailer.

Some trailers require a food stall to be set-up adjacent at events, and therefore food preparation cannot wholly be completed inside the trailer. Instead, food preparation must be undertaken in an approved commercial kitchen. There are several commercial kitchens for hire around Perth that can be booked for event food preparation purposes. In this case, it is the commercial kitchen address which will be registered; however, the trailer/s must be brought into the City's offices to be inspected. Alternatively, the trailer maybe garaged at a home address outside of the City of Vincent, and therefore you must notify the relevant local government. We will liaise with the other local government in these cases so the whole operation of your business can be assessed.

Food stalls: These are not considered a premises, and therefore food preparation must be undertaken in an approved commercial kitchen (unless they are low risk food products which can be prepared at home). The commercial kitchen address will be the location of your registered business address in this case. Notification to the local government where you are storing your food stall equipment is required. A photo of the set-up of a food stall is required to be submitted with your registration application. 

Registration application: If you need to register your food vehicle, trailer or stall with the City, then first read the 'What applications and information do I need to submit?' section above for the general registration application information. 

Food preparation prior to an event: Where food preparation prior to the event is undertaken in the City, you will need to provide additional information attached to your registration application such as:

• Confirmation from the relevant local government that you have notified them where you will be garaging your food van or storing food stall equipment if this is outside the City.
• Approval from the relevant local government if any other food preparation or storage of food is taking place outside the City (for example if you prepare the food at a premises within the City, then store the food in a freezer/fridge at your home outside of the City, prior to transport to an event/market).
• A detailed layout plan of the food vehicle/tralier/stall for assessment.

2. Permit to trade

If you wish to trade within the City, you will need to apply for a permit after you have received your Certificate of Registration (either from the City or another local government). To trade at an approved event within the City (you will need to check with the event organiser first), please download the application form below:

Food Stallholder / Van Permit Application

For further information on the requirements please see the below guide:

City of Vincent Temporary and Mobile Food Premises Guideline

I want to manufacture food for sale. What do I need to do? 

First, read the 'What applications and information do I need to submit?' dropdown section above for the general registration application information. You will also be required to submit information for each product to be produced such as:

• Full ingredient list.
• Recipe/method including time and temperature controls (Note: Manufacturing secrets and confidential processes are protected from disclosure under Section 142 of the Food Act 2008).
• Labelling including nutrition information panels.
• Evidence of shelf life testing from a NATA accredited laboratory.
• Food recall plan.
• You may be requested to provide additional information on your processes e.g. cooling and reheating method, to comply with the Food Standards Code. 

For more information on assessment of food manufacturers please visit the WA Department of Health website.

If you require information on labelling and nutrition information panels please refer to the FSANZ website which contains a series of User Guides. There is also a nutrition information panel calculator on the FSANZ website.

If you are making any products that contain allergens, please also read the allergens dropdown below for more information on what is required. Free online allergen training is also available.

I am going to be using my residential kitchen. Are there any special restrictions?

First, read the 'What applications and information do I need to submit?' dropdown section above for the general registration application information. In most cases the design and construction of food premises based in a residential setting would only be appropriate for low-risk food manufacturing activities, such as:

• jams and marmalades
• flour based products (such as biscuits, scones, buns, shortbread)
• nougats
• fudges
• meringues
• turkish delights
• pickled onions
• chutneys, relishes and sauces (that are heat treated by boiling or cooking)
• herb vinegars (with a pH of less than 4.5)
• dry curry powder mixes and all other spices and mixes (if ingredients are purchased from an approved food business)
• cakes (which do not contain potentially hazardous foods such as cream, or do not require refrigeration, or do not require further food preparation activities such as cake decorating)
• repacking of bulk packaged low risk confectionary products

The above examples will still be subject to assessment by an EHO to determine the risk that may be associated with individual recipes. 

If you are making any products that contain allergens, please also read the allergens dropdown below for more information on what is required. Free online allergen training is also available. 

What about allergens - Are there any legal requirements and is there free training available?

Allergen management is becoming increasingly important with more children and adults developing food-borne allergies each year. The Food Standards Code requires declaration of certain allergens such as peanuts, milk, eggs on all food products.

It is also the responsibility of the food business to sell safe and suitable food under the Food Act 2008. For businesses such as cafe's and restaurants, this means ensuring staff have the appropriate skills and knowledge, and awareness of ingredients used in foods on the menu. If a customer asks if there is a particular allergen in a menu item, the staff member must be able to provide accurate advice.  

For more information on allergens, refer to the Food Standards Code User Guide Warning and Advisory Statements and Declarations and the FSANZ allergen labelling website.

Allergen & Anaphylaxis Australia have developed free online training for the food service industry on allergens. Visit the food allergy training website below for more information. 

Free online allergen training

I am purchasing an existing food business. Is there anything I need to do?

It is highly recommended that you request an inspection by an Environmental Health Officer through your Settlement Agent to ascertain the structural status and compliance of the existing fit-out prior to settlement. Please note that the City will require sufficient time to arrange an inspection.

Details of the compliance issues will be sent to the settlement agent and it is up to you whether you ask the seller to correct these issues prior to settlement. If the premises is transferred in a non-compliant state, then you will take on the responsibility for bringing the premises up to standard. 

To apply for a settlement enquiry inspection please submit the Settlement Enquiry/Health Work Order form to mail@vincent.wa.gov.au. You will also need to pay the fee as specified on the form. 

If you will be making any changes to the existing structure of the property or nature of the business will need approval to do so. Speak to an Environmental Health Officer to find out what may be required. You can also refer to the Starting a new business page which covers all City requirements including planning and building approvals. 

Starting a new business