Operating a food business
Under the Food Act 1984 (The Act), businesses operating in Victoria that sell food to the public must register with their local council. This includes businesses operating from home or those that store food at home to use in their food van or temporary food premises.
To protect the health of the public, all food premises must comply with The Act, Food Standards Code Australia New Zealand (FSANZ) 3.2.2 and 3.2.3 and Australian Standard 4674-2004 (Design, construction and fit out of food premises). To assist with compliance, City of Melton has produced a document called the Food Establishment Specifications which details the most important requirements of the above regulations.
Business Concierge
To begin the business registration process, complete and submit the Business Permit Checklist via our Business Permit Enquiry Process.
Business Permit Enquiry Process
This checklist allows your proposal to be assessed by the relevant departments – Planning, Building, and Health. Each department will review your submission and provide feedback or requirements specific to their area.
Starting a food business
Food Business Classifications
Food Business Classifications
In Victoria, food businesses are classified into different classification under the Act depending on the type of food that is sold at the premises, and business must comply with the food safety responsibility under their classification.
- Class 1, 2, 3 and 3A businesses must be registered.
- Class 4 businesses don't need to be registered but must notify Council.
To check the classification for your business, please click on the link for more information- https://www.health.vic.gov.au/food-safety/food-business-classifications
Food Safety Program
Class 1
You must develop a food safety program and have it audited by an approved and qualified auditor. Submit the food safety program when you apply to register.
To find a list of approved auditors, visit the Victorian Department of Health website.
Class 2
Depending on the types of food you prepare and serve, you may need to develop a food safety program. Call us on 03 9747 7200 if you want to discuss whether you'll need a food safety program.
You can develop your own food safety program or build one using the Department of Health's FoodSmart.
Classes 3
For those operating a Class 3 food business, it is essential to keep Class 3 records. You can find the minimum requirements for these records on the Department of Health website.
Food Safety Supervisor
Class 1, 2 and 3A business is required to have formal food safety training. Any new applications for food businesses including home based food businesses must have a formal Food Safety Supervisor certificate that has been completed within the last 5 years.
The table below can assist you in determining which course you will need to complete.
Food sector |
Food business types |
Minimum competency |
Health |
Hospitals, aged care and childcare centres. |
HLTFSE001 - Follow basic food safety practices HLTFSE005 - Apply and monitor food safety requirements HLTFSE007 - Oversee the day-to-day implementation of food safety in the workplace |
Food processing |
Food product manufacturers including flour mills, canneries, packers, bakers, breweries and wineries. |
FBPFSY2002 - Apply food safety procedures |
Hospitality |
Restaurants, cafes, hotels and home-based businesses. |
SITXFSA005 - Use hygienic practices for food safety’
AND SITXFSA006 - Participate in safe food handling practices’
|
Retail |
Supermarkets, convenience stores, grocers and delicatessens. |
SIRRSFA001 - Handle food safety in a retail environment
OR Use both units from the ‘Hospitality’ sector
|
If you need more information, please refer to Food safety supervisors.
Free Online Training
All food businesses are recommended to complete the following free online training courses:
Requirements for different food businesses
Community and not-for-profit groups
If you are a community or not-for-profit group raising money for charity by selling sausages or packaged cakes without raw egg, custard or cream you may be classified as Class 4 – the lowest level of regulation.
For more information, visit the Department of Health website for their cake stalls guide and sausage sizzles guide.
Home-based food business
If you are in a rental property, you should also check with your landlord that you can operate a business from home. Food businesses from home must comply with the same guidelines and legislation set out for all other food premises.
Primary Industry
Melton City Council does not register primary industry businesses within the municipality.
- Meat or fish primary businesses must register with PrimeSafe, the statutory agency responsible for regulating meat, poultry, seafood and pet food in Victoria.
- Dairy manufacturers must register with Dairy Food Safety Victoria.
- Primary producers engaged in agricultural, horticultural, viticultural, or related pursuits should contact Agriculture Victoria for further advice. Their contact details are available on the Agriculture Victoria website. This includes businesses growing micro herbs, mushrooms, and sprouts.
Trade Waste Agreement
All food businesses discharging liquid waste (known as trade waste) into the sewerage network must obtain an approval from the water authority or written evidence that a grease trap is not required for your food business.
To find out more about Trade Waste Agreement please visit Greater Western Water's Trade waste.
If you are ready to register your food business and your food business requires a trade waste agreement, therefore please click on the link to assess the Trade waste application.
Applying for food business registration
To start a new food business, please see below for a breakdown of all options available to you.
Plans Assessment
If you have not yet built the premises, you have the option to have the proposed plans evaluated. The plans should include:
- Menu items.
- Floor plans including placement of all equipment, fixtures, and finishes.
- Materials to be used for floors, walls and ceilings.
City of Melton Food Establishment Specifications Food Establishment Specifications(PDF, 6MB) are designed to assist you with compliance with the Food Standards Code and Food Act 1984.
If the plans meet all requirements, they will receive an approval stamp along with a confirmation letter.
Request for Assessment
Food businesses have an option to request a pre-registration inspection conducted by an Environmental Health Officer. In this inspection you will receive a report detailing necessary items to meet the requirements of The Act and FSANZ.
Please Note: This is not the final step of the registration process but an additional inspection before the Registration Inspection.
Purchasing Existing Food Business
If you are purchasing an established food business, then you have an option to request an inspection prior to settlement. After the inspection the applicant will receive a comprehensive report detailing any issues that do not meet regulatory standards.
Any outstanding issues once settlement has occurred become the responsibility of the new proprietor.
Please note: Applicant will need the current owner's permission to request the inspection.
Mandatory Inspection
An Environmental Health Officer will conduct the Mandatory Inspection, checking structural and food safety requirements in line with The Act and FSANZ.
Temporary or Mobile food business
If you operate a temporary or mobile food business, be it a market stall or tent, or a food van or vending machine, your business will require registration or notification through FoodTrader.
Following businesses can be registered via FoodTrader:
- Temporary Food Premises: premises like sausage sizzle, market stalls, coffee carts, and festival/charity stall.
- Mobile Premises: vehicles, food trucks, trailer, van or something similar.
- Water Cater: A water transport vehicle is the vehicle from which drinking water is handled with the intention of being sold.
- Pre-packaged Meat at Markets: Selling pre-packaged meat at markets through temporary or mobile premises.
- Vending Machine: Food vending machines are machines from which there is an automated sale of food without any attention or intervention by the seller at the time of sale.
For more information review the FoodTrader User Guide.
Statement of Trade
If you run a mobile business like a food truck, or a temporary business like a food stall at a market or festival, you must register or notify us each time you operate via the FoodTrader Statement of Trade (SOT) page.
If you intend to sell at a one-time event, please be aware that you must still complete the registration process as usual.
Registration Renewal
Registrations are renewed annually and must be paid by 31 December each year.
We’ll send renewal reminders and your annual renewal form to the email address supplied in your application for registration.