Food Act Premises

All food premises are required to comply with the requirements of the Food Act 1984. A food premises is any premises used for the preparation, packing, storing, handling, serving, supply or sale of any food. This includes food manufacturers, cafes, restaurants, distribution centres and kiosks.

New amendments made to the Food Act in July 2010 group food premises into four separate categories, with different legislative requirements. The new categories are:

Class 1

Premises that cater or serve food to high risk groups. Class 1 premises are required to maintain a Food Safety Program (FSP) specifically designed for the businesses operations, have a nominated Food Safety Supervisor who has undertaken appropriate food safety training, and be independently audited annually. Registration with Wyndham City is required.

Class 1 premises include Nursing homes and other aged care facilities; Hospital  kitchens; Child care centres; Delivered meals organisations.

Class 2

Premises that handle or sell unpackaged food that requires temperature control. Class 2 premises are required to maintain a Food Safety Program and have a nominated Food Safety Supervisor who has undertaken appropriate food safety training. Class 2 premises can either utilise a standard FSP (as approved by the Department of Health), a Quality Assurance Program (that has been approved by the Department of Health) or have a FSP designed specifically for the operations of the business (i.e. a non-standard FSP) that will require an annual independent Audit. Registration with Wyndham City is required.

Class 2 premises include Cafes; Restaurants; Delicatessens; Bakeries handling or producing products with custards, fresh cream and meat; Supermarkets; Take-away outlets.

Class 3

Premises that sell pre-packaged food that requires temperature control (eg. pre-packaged dairy) or premises that sell cut fruit and vegetables. Class 3 premises are required to maintain minimum records as specified by the Department of Health. There is no mandatory requirement for a Food Safety Supervisor. Registration with Wyndham City is required.

Class 3 premises include Green grocers that sell cut fruit or vegetables; Milk-bars that sell pre-packaged dairy products and/or unpackaged low risk foods (i.e. candy); Service stations selling pre-packaged meat pies, etc; Warehouse/distributors of dry, cold or frozen goods that do not repackaged food; Nut/spice stores that re-package dry goods.

Class 4

Premises that only sell pre-packaged food that does not require any temperature control, or whole (uncut) fruit and vegetables and liquor shops that provide tastings. Class 4 premises are exempt from registration however the proprietor of the business must notify Wyndham City of intended operations.  A completed ‘Notification of a Food Premises Food Premises’ form is to be submitted to Wyndham City. No fees are required.

Class 4 premises include Green grocers that sell only whole fruit or vegetables; Newsagencies or pharmacies that sell pre-packaged food such as candy, gum, bottled drinks; Liquor bottle shops; Confectionary shops that only sell chocolates and candy; Community run sausage sizzles; Sessional kindergartens where low risk food and/or cut fruit served.

For further information regarding the amendments made to the Food Act 1984 or the classification of food businesses, please refer to the Department of Health Food Safety and Regulation Unit or contact the Wyndham City's Environmental Health Unit on 9742 0738. 

Further Information