Food businesses

Opening a new food business

All food businesses that prepare, handle and/or store food for sale require registration or notification with their local Council under the Food Act 1984. All food businesses must comply with the requirements of the Food Act and Australia New Zealand Food Standards Code.

Our guide to Opening your Own Food Business(PDF, 2MB) can help you to understand the steps required to open a new food business in Kingston.

The Guidelines for Food Premises(PDF, 573KB) provides easy to understand fit out requirements for a food business and assist your business to meet requirements of the Food Act and the Food Standards Code.

You might need a planning permit if you plan to run your food business from home.

If you are considering running a food business from home, there may be some additional factors to consider. Read our Home Based Food Business Guide(PDF, 502KB) to learn more.

Call our planning and building team on 1300 653 356 to check for any other requirements before you apply.

Contact South East Water to find out what your grease interceptor (trap) requirements are.

Apply for a new food business

Processing your application

  1. Your application will be assigned and reviewed for compliance by an Environmental Health Officer.
  2. You will be contacted by the Officer within 14 days (unless an urgent fee was paid) to discuss your application.
  3. Further information may be requested or a plans endorsement letter will be issued by email to you.
  4. A final inspection is to be scheduled by the new business prior to opening. Please allow up to three working days to book an inspection.
  5. All relevant fees (application and registration fees) must be paid prior to commencing operations. Council will provide you with an invoice once the final inspection has been completed for approval. Note: If you have not yet paid your plan processing fee, this amount is also payable now.
  6. A certificate of registration is issued once all fees are paid.

Temporary food premises

A temporary food premises is defined by the Food Act 1984 as a structure that is not permanently fixed to a site. This includes set-ups such as a tent, a stall or a marquee. Market stalls or sausage sizzle stalls are common examples of temporary food premises.

This category also includes the temporary use of a kitchen not owned or leased by the food business. For example, if you are cooking cakes out of a hired kitchen to sell later, you need to register your use of this kitchen as a temporary food premises.

The Running a market stall in Victoria(PDF, 398KB) guidelines detail the process to operate a market stall. For Kingston Events, operators are to meet the requirements detailed in our Food Vendor Information(PDF, 312KB) sheet.

Mobile food business

Mobile food premises must be registered with us and must comply with the Food Act and Food Standards Code before you open.

The Fit Out Guidelines for Mobile Food Premises(PDF, 594KB) provides easy to understand fit out requirements specifically for mobile food businesses.


Temporary food premises operated by businesses and community groups and mobile food businesses are required to register with their principal council on FoodTrader, an online portal developed by the Department of Health that has recently replaced Streatrader.

You can submit a new application or manage registered premises after creating a FoodTrader account.

Please allow up to 14 days for processing after submitting your application. You are unable to trade until your premises has been registered or notified.

Once your premises has been registered, you can apply for a Statement of Trade (SOT) for all future events via the FoodTrader online portal.

For more information, visit the FoodTrader website or contact the Environmental Health team on 1300 653 356.

Change of ownership – food business

Where a change of proprietor occurs in a food business, Council requires an Environmental Health Officer to conduct an inspection to ensure the premises is registered and complies with the requirements of The Food Act 1984.

This inspection can be arranged as a pre-purchase inspection prior to settlement or conducted within 30 days of the change in ownership.

To request a pre-purchase inspection or to notify Council of a change in ownership, both the current and proposed proprietor must complete and sign the Change of Ownership - Food Premises form(DOCX, 169KB).

Pre-purchase inspection request

Please submit your completed Change of Ownership form via email to and allow 5 working days for a response to schedule a pre-purchase inspection.

An inspection report identifying any works required to ensure ongoing legislative compliance will be issued to both parties after the inspection. It is up to the current proprietor and purchaser to negotiate who will take responsibility for undertaking the necessary works.

An urgent inspection can be arranged in extenuating circumstances where an urgent processing fee has been paid. Please contact the Environmental Health team on 1300 653 356 or at to discuss this.

Notifying us of a change in ownership

New business owners who do not schedule a pre-purchase inspection are required to notify Council within 7 days of the change in ownership by completing the Change of Ownership form.

Submit the completed form via email to

The Change in Ownership fee will be issued via email and can be paid online or in person at the Customer Care Centre at 1230 Nepean Highway, Cheltenham.

Once a completed and signed form is received and payment is made, a Certificate of Registration will be issued in the name of the new business owner.

Food safety information for food businesses

All food businesses, organisations and community groups involved in food handling have a responsibility to ensure food for sale is safe and suitable for human consumption.

Food business classifications

Risk classifications for food businesses range from Class 1 to Class 4, with Class 1 being the highest-risk food premises. Hospitals, aged care and childcare centres are all examples of Class 1 food premises.

The Department of Health has developed pre-determined classifications for some businesses, organisations and community groups, which guides Environmental Health Officers decision-making when registering a new food business. 

Food safety programs

All Class 1 and 2 food businesses require a food safety program.

A Class 1 food premises is required to have a non-standard food safety program that is customised to their specific food handling processes to adequately manage the associated food safety risks.

Food safety program information for Class 2 food businesses is available on the Department of Health’s website Food safety programs.

The Department of Health’s Food safety guide for food businesses Class 3 is designed for Class 3 food businesses.

Food safety supervisor

Class 1 and 2 food premises are required to nominate a food safety supervisor.

For further information visit Guide for food businesses - food safety supervisors and training.

Class 3 and 4 food premises do not need a food safety supervisor, however staff members are still required to have the skills and knowledge to safely handle food.

Food allergens

Food allergies are on the rise in Australia, with up to 10 per cent of infants and 2 in 100 adults affected.

Although a consumer is responsible for their own health, a food business is legally required to comply with the Food Standards Code, which specifies food allergen requirements. Everyone, from the manager through to the food preparation and food service staff, needs to be aware of the risks food allergies pose and be clear on how to identify and manage the associated risks.

For further information on food allergen management and labelling requirements, visit Food Standards Australia Allergen labelling and Food allergen portal.

Food Allergy Training offers free online allergen training for general food service, hospitals, children education and care and schools.

Food recalls

A food recall removes food that may pose a health or safety risk from distribution, sale and consumption.

A food recall may occur because of a report or complaint from manufacturers, wholesalers, retailers, government and consumers. It may also occur as a result of a food business conducting internal testing and auditing.

Manufacturers, wholesalers, distributors and importers must be able to produce a written recall plan at the request of an Environmental Health Officer. For help writing a recall plan for your business, visit Food Standards Australia New Zealand Food Industry Recall Protocol.