A food business has a legal responsibility to ensure that food sold to customers is handled and processed in a way that will ensure its safety. Food must be adequately and accurately labelled to ensure consumers can make an informed choice.
In South Australia food businesses are required to comply with the Food Act 2001 (opens in a new window) and the Australia New Zealand Food Standards Code (opens in a new window).
Starting a food business
What is a food business?
Under the Food Act 2001 (opens in a new window) a food business means a business, enterprise or activity (other than a primary food production business) that involves:
- the handling of food intended for sale
- the sale of food
regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.
Food business even includes businesses like the following:
- corner stores
- petrol stations
- swimming pools
All food businesses, from major food manufacturers to a local church group that holds a one-off food fair, have defined responsibilities under the legislation to ensure the safety of food.
Food business notification
Before starting food handling operations all food businesses operating with in the district are required to formally notify Council..
How to notify
To notify, all you need to do is lodge a completed notification form with the Council.
Failure to notify
Penalties and/or expiation fees may be applied.
- $120,000 if the offender is a body corporate
- $25,000 if an individual person
- $1,500 if the offender is a body corporate
- $300 if an individual person.
Primary Food Production Businesses
If your business is classed under the Food Act 2001) as a primary food production business, you are not required to notify Council. However, there may be primary industries legislation that applies to your business. Visit the Biosecurity SA website for more information.
However, there are some exceptions, which change the classification from a primary food producer to a food business. If your business is involved in the following activities then you are a food business and are require to notify Council:
- sale or service of food direct to the public
- packing or treating food under contract, or where the food has been purchased
- other activities prescribed by regulation (none at this time)
- any process involving the 'substantial transformation' of food.
Food safety inspections
All food business must comply with requirements of the Australia New Zealand Food Standards (the Code). Surveillance of these requirements will be performed by conducting regular food premises inspections or regulatory audits (where required).
All food businesses are expected to comply with the requirements of the:
- Food Act 2001 (opens in a new window)
- Food Regulations 2002 (opens in a new window)
- Food Standards Code (opens in a new window)
Inspections typically assess compliance with the Australia New Zealand Food Standards Code (opens in a new window) particularly the Food Safety Requirements (Chapter 3). Inspection frequency is established using compliance history and the SA Health priority classification system. These include:
- maintaining safe food handling and preparation procedures
- maintaining hygiene
- temperature control
- structural requirements
- adequate facilities.
Inspections are undertaken as part of a regular inspection program, or sometimes:
- during investigations of complaints
- due to food safety incidents
- response to surveys.
Surveillance of the Food Act 2001 helps achieve the effective management of food safety risks and the prevention of misleading conduct in connection with the sale of food
Further information can be obtained from the SA Health Website http://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/protecting+public+health/food+standards/starting+a+food+business