Fixed Food Premises
Council is responsible for routinely inspecting food businesses to ensure they are maintaining compliance with the Australia New Zealand Food Standards Code and Food Act 2003.
Any business that has ‘food for sale’ must notify the Appropriate Regulatory Authority (ARA) using the approved form prior to operation. In general, retail food businesses must notify Council and wholesalers must notify the NSW Food Authority.
Determine if you need a Development Approval (DA) to start a new food business or if you are undertaking construction or renovations which could require a DA. To speak to Council’s Duty Planner please call 6643 0200 Monday - Friday between 8:30am to 11am. You will require written confirmation that your proposed activity has development consent, to provide in support of your notification.
Use the Food Authority self-guided webpage for further assistance with starting a food business.
See below the individual requirements for opening and operating food businesses in the Clarence Valley local government area.
Starting a New Food Business
Once you have obtained development consent and planning approval for your business complete the approved ‘Fixed Food Business Notification’ form below, prior to operation.
Fixed Food Premise Notification
Buying or Operating an Existing Food Business
Confirm that the retail business has the appropriate permission (such as development consent) to operate as a food business.
You may wish to arrange an optional pre-purchase inspection by Council’s Environmental Health Officers prior to purchasing the business. The inspection will include a report detailing any issues with the physical premise from a food hygiene perspective that will require fixing, once you have purchased the business you will be responsible for fixing any issues to ensure your premise complies with legislative requirements. Pre purchase inspection fee applies. Contact Council’s Environmental Health Team on (02) 6643 0200 for further information.
Prior to operation complete the approved Fixed Food Business Notification form below.
Fixed Food Premises Notification
Selling, Closing or Changing Details of a Food Business
The proprietor of a food business must notify Council about any changes to your business details such as, business name or contact details. If you are selling or closing your business, you must also notify Council in writing, including the date of business sale or closure.
Notify Council by emailing firstname.lastname@example.org, and ensure you provide as much detail as possible.
Home-based Food Premises
This information is for food business preparing food at home and selling it directly to the customer (directly from home, at a market or event or to a school canteen).
Designed to be small scale, a home-based food business can be a great first step. However, there are special food safety requirements when handling food at home.
For more information visit NSW Food Authority - Home-based and mixed businesses.
If you're starting a home-based food business
- Call Council's duty planner to see if planning approval is required on 02 6643 0200.
- Complete the home-based business application form below to be assessed by Council's Environmental Health team.
If you're selling food online or to other businesses from a home-based business
You may need to register with the NSW Food Authority under the Manufacturer Wholesaler Inspection Program.
Visit their website or call 1300 552 406 for more information.
On-site waste water management requirements
Where it is proposed to operate a food business from a residence on land serviced by an on-site waste water management system (OSMS), Council will require upgrading of the OSMS and installation of trade waste pre-treatment equipment in accordance with current regulations and Councils Onsite Wastewater Management Strategy and Liquid trade Waste Policy.
Requirements if you have no connection to reticulated water (‘town water’)
Where it is proposed to operate a food business from home where there is no access to reticulated water, the business will be required to provide evidence demonstrating a Quality Assurance Program has been created and submitted to NSW Health in accordance with the requirements set under the Public Health Act 2010.
For further details, please check the NSW Health webpage and the NSW Private Water Supply Guidelines.
Apply for home-based food premises notification
Food Safety Supervisor
Most food businesses are required to appoint at least one trained Food Safety Supervisor (FSS). FSS must complete a course recognised by the NSW Food Authority and obtain a valid FSS certificate.
These requirements apply to businesses that process or sell food at the retail level, eg food that is:
• potentially hazardous (requires temperature control), and
Note: You cannot use the same FSS for multiple premises.
Fees and Charges
Please refer to Council’s fees and charges list for associated fees which can be found here.