The Food Act 1984 regulates the sale of food and beverages for human consumption. There are five classes of food premises; Class 1, Class 2, Class 3A, Class 3 and Class 4. The Classification system means regulatory requirements are better matched to the level of food safety risk associated with the food handling activities at different types of premises.

Class 1 has the highest and Class 4 the lowest level of legal requirements. In summary, the classes are:

• Class 1 - hospitals, child care centres and aged care services which serve food.
• Class 2 - other premises that handle high risk unpackaged food.
• Class 3A - premises that prepare and/or cook potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises; or a home based or temporary food premises such as a hired kitchen that makes product such as chutney, relish, salsa or tomato sauce using a hot-fill process.
• Class 3 - premises that handle unpackaged low risk food or high risk pre-packaged food, warehouses and distributors.
• Class 4 - premises undertaking low risk activities.

Class 4 includes the following:

• the sale of shelf stable pre-packaged low risk food such as confectionery, crisps, frozen ice cream, UHT milk, bottled drinks - for example, newsagents, pharmacies and some milk bars;
• the sale of packaged alcohol - for example, bottle shops;
• the sale of uncut fruit and vegetables - for example, farmers markets, green grocers and wholesalers;
• wine tasting (which can include serving low risk food or cheese);
• the sale of packaged cakes (excluding cream cakes) at community events;
• the supply of low risk food, including cut fruit, at a sessional child care service;
• simple sausage sizzles at stalls, where the sausages are cooked and served immediately at community events. This means sausages, sauce, onions and bread. This does not include hamburgers or other high risk foods.

Class 1, 2, 3A and 3 premises must register with Council.

Class 4 premises must notify Council of their operations.

Refer to Department of Health & Human Services website for further details on Food Act classifications

https://www2.health.vic.gov.au/public-health/food-safety/food-businesses/starting-a-food-business

What is a Class 1 Food Premises?

Class 1 food premises are those that predominantly handle potentially hazardous food that is served to vulnerable groups, such as in hospitals, child care centres providing long day care, and aged care facilities such as nursing homes and hostels.

What regulatory requirements apply to Class 1 Food Premises?

Class 1 premises provide food to the vulnerable population in our community including the frail, aged, seriously ill and the very young. These groups of people are more vulnerable to the severe consequences of food poisoning.

Class 1 food premises must:

• Ensure food that is sold or prepared for sale is safe to eat;
• Register annually with Council;
• Be inspected by Council when first registered or when registration is transferred to a new proprietor;
• Have a Food Safety Program which is tailored specifically for the food premises (an independent or non-standard program);
• Keep a copy of the Food Safety Program on site;
• Have a Food Safety Supervisor with the necessary skills and industry accredited training;
• Undergo two mandatory compliance checks each year.

These include:

• A Council assessment of the premises and Food Safety Program compliance;
• An audit of the Food Safety Program by a Department of Health & Human Services approved auditor to determine adequacy and compliance.

The auditor must provide an audit certificate to the Council within 14 days of giving the certificate to the business. That certificate must be either:

• A certificate of compliance; or
• A certificate detailing that corrective actions have been taken to address deficiencies or any outstanding matters, if an audit has revealed non-compliances at the premises.

Should the auditor identify any deficiencies that may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable, they must inform Council and their respective Food Safety Unit of the department as soon as practicable.

For further information see Section 7: Food Safety Programs, page 14 and Section 8: Food Safety Supervisors, page 15.

What is a Class 2 Food Premises?

Class 2 food premises are those whose main activity involves handling unpackaged potentially hazardous foods which require temperature control during the food handling process, including cooking and storage.

These include:

• restaurants
• fast food outlets
• pubs
• caterers
• delicatessens
• supermarkets with delicatessens/bakeries/butchers
• cafes
• most manufacturers.

What regulatory requirements apply to Class 2 food premises?

A Class 2 food premise must:

• Ensure food that is sold or prepared for sale is safe to eat;
• Register annually with Council;
• Be inspected by Council prior to initial registration or transfer of registration to a new proprietor;
• Ensure that the premises has a Food Safety Supervisor with the necessary industry related skills and accredited training;
• Have a Food Safety Program.

The Food Safety Program must include:

• A standard template registered with the Department of Health & Human Services; or
• A Food Safety Program developed by the food proprietor that is tailored specifically for the food premises (an independent or non-standard program).
• Keep the Food Safety Program on site at the premises;
• Implement the requirements of the Food Safety Program including the keeping of records that must be available for review.
• If using a standard food safety program - an assessment will be made by an Environmental Health Officer for compliance*
• If using an independent non-standard Food Safety Program - an audit by a Department of Health & Human Services approved auditor.

The auditor must provide an audit certificate to Council within 14 days of giving the certificate to the business. That certificate must be either:

• A certificate of compliance; or
• A certificate detailing that corrective actions have been taken to address deficiencies or any outstanding matters, if an audit has revealed non-compliances at the premises.

Should the auditor identify any deficiencies that may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable then the auditor must inform the council and the department’s Food Safety Unit of the department as soon as practicable

For further information, see Section 7: Food Safety Programs, page 14 and Section 8: Food Safety Supervisors, page 15.

* Additional inspections are also likely to be scheduled by Council

What is a Class 3A Food Premises?

• A class 3A food premises is one at which one or more of the following food handling activities occurs:

• Preparation and/or cooking of potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises (such as made to order breakfast for guests at a B&B).

• Food is made using a hot-fill process resulting in a product such as chutney, relish, salsa, tomato sauce or any other similar food, that:

•  is made at a home-based or temporary food premises, for example, a hired kitchen, and
•  has been heat treated to a temperature of not less than 85 °C and then filled and sealed hot into its packaging, and
•  is acidic (pH of less than 4.6), and
•  has salt or sugar or any other preservative added.

What regulatory requirements apply to Class 3A Food Premises?

A Class 3 premise must:

• ensure that food that is sold or prepared for sale is safe to eat;

• register annually with Council;

• complete a pre-registration inspection by Council;

• ensure that the premises has a Food Safety Supervisor with the necessary industry related skills and accredited training;

• be inspected by a Council Environmental Health Officer on an annual basis

What is a Class 3 Food Premises?

Class 3 food premises are those whose main activities involve the sale of foods not commonly associated with food poisoning. This includes the supply or handling of unpackaged low risk foods, and/or sale of pre-packaged potentially hazardous foods which need temperature control to keep them safe.

Premises that fall into Class 3 may include milk bars, convenience stores, fruit stalls selling cut fruit and wholesalers distributing pre-packaged foods.

What regulatory requirements apply to Class 3 food premises?

A Class 3 premise must:

• Ensure that food that is sold or prepared for sale is safe to eat;
• Register annually with Council;
• Complete a pre-registration inspection by Council;
• Be inspected by a Council Environmental Health Officer on an annual basis

What is a Class 4 Food Premises?

Class 4 food premises are those whose food handling activities pose low risk to public health.

They include premises that only undertake the following:

• The sale of shelf stable pre-packaged confectionery at newsagents, pharmacies, bottle shops, etc
• Sale of uncut fruit and vegetables at farmers markets or by greengrocers (whether retail or wholesale)
• Wine tastings
• Shops and stalls with packaged cakes (excluding cream cakes), bottled jams or honey at a community event
• Sessional kindergartens serving low risk food including cut fruit
• Simple sausage sizzles at stalls where the sausages are cooked and served immediately. A simple sausage sizzle includes sausages, sauce, onions and bread (this does not include hamburgers or other high risk foods).

What regulatory requirements apply to Class 4 food premises?

Class 4 food premises must:

• Notify Council of their food operations but are not required to obtain formal registration pursuant to the Food Act 1984
• Ensure the food they sell or prepare for sale is safe to eat

Class 4 premises are not required to have:

• A Food Safety Program;
• A Food Safety Supervisor;
• An annual Council inspection.

Council may, at its discretion, inspect a Class 4 premises.

Failure to notify Council of your Class 4 food business activities is an offence under the provisions of the Food Act 1984 and you or your company may be liable for a fine of up to $14,000 if found guilty.

What if we change the type of food we sell?

If you want to change the type of food you sell at your food business you must first discuss the changes with a Council Environmental Health Officer. Council will review your food premises activities and determine whether reclassification of your food premises is required. If the classification of your food business changes you must ensure you meet the food safety regulatory requirements of that Class.

You are encouraged to request a site assessment of the proposed food premises to ensure that the property is suitable for the operation of the proposed food business. It is recommended that a site assessment is conducted prior to the purchase of the premises or signing of any rental agreement. You should also contact Council’s Planning Department to determine whether the proposed activity requires a planning permit.

To arrange an inspection please contact the Environmental Health Unit on (03) 5775 8555. You will be asked to provide an overview of your business activity and a proposed floor plan in advance of the visit.

As you progress with the development of your food premises, you will be asked to complete an Application for Registration(PDF, 230KB) .

The application must include the following information and documents:

1. Business proposal - The business proposal must outline all of the food activities occurring at the premises.

2. Floor Plan - Submit a scaled floor plan which includes details of the internal and external areas of the food premises and clearly indicate:

• The type and location of all proposed fittings and fixtures.
• Schedule of finishes including a description or specification for finishes and cladding of walls, flooring type, coving details.
• Description of all light fittings.
• Description of equipment to be installed in the food premises.
• Mechanical exhaust drawings and specifications (if applicable).

Sample Floor Plan(PDF, 90KB)

3. Food Safety Supervisor - copy of Food Safety Supervisors certificate (Class 1, 2 & 3A only)

4. Fee - Pay the registration fee.

Email application with all required attachments to council@mansfield.vic.gov.au 

Upon receipt of the application an Environmental Health Officer will review the submission and advise the applicant of the outcome or of any concerns.

Once construction is near completion and prior to commencing food storage or food handling activities, a final inspection must be arranged with an Environmental Health Officer to verify all works have been satisfactorily completed in accordance with the Food Act 1984 and associated food safety standards.

A minimum of 7 working days' notice is required for any requested inspection.

When Council has granted your business Food Act 1984 registration, the business will be supplied with a Certificate of Registration. This can be displayed at your discretion.

The name of the registered proprietor (person[s] or company) must be displayed on the shop frontage.

Registration of your business is renewed annually and the registration period is from the 1 January to 31 December. Council sends renewals of registration in October each year.

As of 1 July 2021, transfer of registration for food businesses are no longer allowed under the Food Act 1984.

If you're purchasing an existing food business, such as a cafe or restaurant, you still need to register it with Council.

Council registers food premises operating as businesses such as restaurants, cafes and bakeries. If you are buying an existing food business, that premises will need to be registered with us and needs to be compliant with the Food Act 1984.

If you are looking to buy an existing registered food business, we strongly recommend you obtain a pre-sale inspection report from Council before you buy the food business.

We offer a pre-sale inspection service. This service includes an inspection of the food premises by our Environmental Health Officers, and a report that details any non-compliant items with the Food Act 1984.

There is a fee for this service. The standard service provides a report within 10 working days or you can choose to pay a higher fee for a 5-day turnaround.

You also need to get written consent from the current proprietor to release the inspection report.

A food business must use a potable water supply for activities conducted on their food premises. If your premises does not have access to a townships potable water source, you must be able to demonstrate that the water you use is safe and further treatment may be required (UV treatment/chlorination etc). Non-potable water can only be used when Council is satisfied that it will not affect food safety.

Food must be labelled in accordance with the Food Standards Code, developed by Food Standards Australia and New Zealand (FSANZ).

All food for retail sale or food sold for catering purposes must be labelled, except for the following:

• Food not in a package;
• Food in an inner package not designed for sale and where the outer packaging shows the required information;
• Food made and packaged on the premises from where it is sold;
• Food packaged in the presence of the purchaser;
• Whole or cut fresh fruit and vegetables in packaging that does not obscure the nature or quality (does not include sprouted seeds or similar products);
• Food delivered packaged at the express order of the purchaser; and
• Food sold at fundraising events (subject to simplified requirements).

Where a packaged food is exempt from the general labelling requirements, some information may still need to be displayed in connection with the food or provided to the purchaser on request.

The following information MUST appear on the food label and be in English:

• The name of the food.
• Batch or lot identification.
• The name and business address.
• Mandatory warning and advisory information.
• Ingredient labelling.
• Date mark.
• Health and safety advice for consumers.
• Nutrition information panel.
• Characterising ingredient declaration (percentage labelling).
• The country of origin.

For contact details see Section 12: Government Agencies, page 18.

This section should be read in conjunction with Mansfield Shire Council Temporary Food Premises Guideline(PDF, 818KB) and Food Premise Specifications(PDF, 61KB)

Mobile food vans

The Victorian Food Act 1984 and the Food Standards Australia New Zealand Food Standards Code, Chapter 3, Food Safety Standards, provide for the registration of mobile food vans.

You must register the van with the Council in which the vehicle is garaged.

Similar to fixed premises the types of food provided will determine whether the foods sold fall within a Class 2, 3, 3A or 4 type business, and therefore the requirements of relevant food safety programs, minimal records and training requirements.

The structural standards required for the fit out of a kitchen in a mobile food vehicle are dependent upon the nature of the food business, taking into account the potential risk factors and can consider the frequency of usage.  The proprietor of the food vehicle must prominently affix their name (and contact details) onto the vehicle and ensure that this is maintained in a fit and legible condition.

The fit out requirements are similar to the standards applicable to fixed food premises and apply to mobile food premises from which food is prepared and offered for sale:

• All fittings, equipment, floors, walls and ceiling must be constructed of smooth and impervious material capable of being easily cleaned.
• A minimum of one sink supplied with hot and cold water for the cleaning of utensils and equipment used in the preparation of food.
• A dedicated hand wash basin supplied with hot and cold running (potable) water, liquid soap and paper towel.
• A suitably sized waste water holding tank is to be provided for the waste water from the sink(s) and hand basin.
• Adequate mechanical ventilation must be provided above the cooking appliances.
• Adequate refrigeration facilities to ensure any cold foods are stored at or below 5ºC.

FoodTrader

If you sell food from a temporary stall, a van, a community hall or other similar site that you only use occasionally, or from a vending machine then you must also be registered on FoodTrader and submit statements of trade (SOT) to notify the local Council that you are trading.

Private water carters that transport water for human consumption must be registered with their local Council and submit SOTs via this web-based system. Once your application for registration has been accepted by your principal Council, you may trade anywhere in Victoria. However it is a requirement that you submit a SOT prior to attending a site beyond the municipal boundary of your registering Council. Failure to notify the local Council could incur a fine.

FoodTrader can be accessed online at https://foodtrader.vic.gov.au/

From 1 August 2017, changes to the Tobacco Act 1987 mean that smoking is banned in outdoor dining areas in Victoria. This includes:

• At hospitality venues - their outside dining areas including footpath / table and chair areas
• At food fairs
• Within 10 metres of food stalls and foods vendors at organised events (other than a food fair)

The introduction of smoke-free outdoor dining now means there are two types of outdoor areas for dining and drinking activities. An outdoor area is either:

• An outdoor dining area
• An outdoor drinking area (only defined ‘snack food’ is able to be consumed in an outdoor drinking area).

For further information, contact the Environmental Health Unit or or see the Tobacco Reforms website www.health.vic.gov.au/tobaccoreforms/