A food business includes any business, enterprise or activity that involves:

• handling food intended for sale
• selling food.

This applies whether the activity is commercial, charitable or community-based, and whether food is sold regularly or as part of a one-off event. Examples may include:

• cafés, restaurants, hotels and takeaway businesses
• supermarkets, bakeries and retail stores
• mobile food vans and market stalls
• home-based food businesses
• school, sporting club and community group fundraisers
• food provided at festivals, shows and community events
• accommodation businesses providing food to guests.

Businesses that only sell pre-packaged food may still be considered food businesses and have responsibilities under food safety legislation.

All food businesses must notify the appropriate enforcement agency before commencing food-handling activities. In most cases, the District Council of Elliston is the appropriate enforcement agency for food businesses operating within the Council area.

Council recommends contacting us early if you are:

• starting a new food business
• purchasing or taking over an existing food business
• changing the type of food you prepare or sell
• renovating or altering food premises
• establishing a home-based food business
• operating a mobile food business
• planning a temporary food stall or community event.

Early contact can help ensure that the proposed premises, facilities and food-handling processes meet the applicable requirements before trading begins.

Food businesses must complete a Food Business Notification Form before commencing operation.

Businesses must also advise Council when their notification details change, including changes to:

• the business owner or operator
• the business name
• the premises address
• contact details
• the types of food prepared or sold
• the nature of the food-handling activities
• the closure of the business.

Council’s existing food business and temporary food business forms are also available from the Application Forms & Permits section of our website.

Food businesses are responsible for ensuring that food is safe and suitable throughout every stage of the food-handling process.

This includes:

• purchasing food from approved and reputable suppliers
• protecting food from contamination
• maintaining appropriate temperature controls
• preventing cross-contamination between raw and ready-to-eat food
• ensuring food handlers follow good hygiene practices
• cleaning and sanitising food-contact surfaces and equipment
• maintaining food premises and equipment in good condition
• preventing the entry and harbourage of pests
• providing accurate food and allergen information
• safely disposing of food that may be contaminated or unsuitable
• maintaining any records required for the business.

All food handlers must have food safety skills and knowledge appropriate to the work they perform.

Potentially hazardous food must be kept under appropriate temperature control to minimise the growth of harmful bacteria.

As a general rule:

• cold food should be kept at 5°C or below
• hot food should be kept at 60°C or above
• frozen food should remain frozen
• businesses should use an accurate food thermometer to check food temperatures.

The temperature range between 5°C and 60°C is commonly known as the temperature danger zone because bacteria can grow rapidly within this range.

The 2-hour/4-hour rule

The 2-hour/4-hour rule may be used when potentially hazardous food is held between 5°C and 60°C:

• less than two hours: the food may be used immediately or returned to refrigeration
• between two and four hours: the food should be used immediately and must not be returned to refrigeration
• more than four hours: the food must be discarded.

The total time that food has spent within the temperature danger zone must be calculated, including preparation, transport, storage and display time.

Food handlers must maintain a high standard of personal hygiene and take reasonable steps to prevent food from becoming contaminated.

Food handlers should:

• wash and dry their hands thoroughly before handling food
• wash their hands after using the toilet, handling raw food, touching their face or hair, cleaning or handling waste
• wear clean clothing
• cover cuts and wounds with a waterproof dressing
• avoid unnecessary contact with ready-to-eat food
• use clean utensils, gloves or other suitable equipment where appropriate
• inform their supervisor if they are unwell.

People experiencing vomiting, diarrhoea or another illness that may contaminate food should not undertake food-handling activities. Food businesses must take appropriate action where a food handler may be suffering from a foodborne illness or carrying a condition that could contaminate food.

Cleaning and sanitising

Cleaning and sanitising are separate processes, and both may be required for food-contact surfaces and equipment.

Cleaning removes food residue, grease, dirt and other visible material.

Sanitising reduces microorganisms to a safe level through the use of heat, chemicals or another approved method.

Food businesses should establish regular cleaning procedures covering:

• food preparation benches
• utensils, chopping boards and equipment
• refrigerators and cool rooms
• sinks and handwashing facilities
• floors, walls and storage areas
• waste containers
• frequently touched surfaces.

Cleaning chemicals must be clearly labelled and stored away from food and food-contact equipment.

Preventing cross-contamination

Cross-contamination can occur when harmful bacteria, allergens, chemicals or foreign matter are transferred from one food or surface to another.

Businesses can reduce this risk by:

• separating raw food from cooked and ready-to-eat food
• using separate utensils and chopping boards where possible
• cleaning and sanitising equipment between tasks
• storing raw meat below ready-to-eat food
• washing hands when changing between food-handling activities
• keeping food covered and protected
• managing food allergens carefully
• storing chemicals and personal belongings away from food.

Food allergies can be life-threatening. Food businesses must provide accurate information about allergens and ensure staff understand how to respond to customer questions.

Businesses should:

• know which ingredients are used in each product or menu item
• check ingredient labels whenever products or suppliers change
• prevent unintended allergen cross-contact
• provide clear and accurate information to customers
• never guess whether a food contains an allergen
• ensure packaged food complies with applicable labelling requirements
• train staff in allergen awareness and communication.

Mandatory plain-English allergen declaration requirements apply to packaged foods. Allergen information must also be available for certain foods that are not required to carry a label, including food served in cafés, restaurants and takeaway businesses.

Food Safety Standard 3.2.2A introduced additional food safety management requirements for certain food service, catering and retail businesses that handle unpackaged, potentially hazardous food that is ready to eat.

Depending on the activities undertaken, a business may be required to implement one or more of the following:

• food-handler training
• appointment of a certified Food Safety Supervisor
• evidence or records demonstrating that important food safety controls are being properly managed.

Category 1 and Category 2 businesses must appoint a certified Food Safety Supervisor. Category 1 businesses must also demonstrate that specified food-safety controls are being effectively managed.

Businesses should review the SA Health guidance or contact Council to determine which requirements apply to their operations.

Food Safety Supervisors

Where required, a Food Safety Supervisor must:

• hold an appropriate and current certification
• have the authority and ability to supervise food handlers
• be reasonably available while relevant food-handling activities are taking place
• provide guidance and advice about food safety matters
• ensure that safe practices are understood and followed.

Further information about recognised training and certification is available from SA Health.

Temporary food businesses include stalls or vendors operating at markets, festivals, sporting events, fundraisers and other community activities.

Temporary food businesses must meet the same fundamental food-safety requirements as permanent businesses. This includes providing suitable arrangements for:

• handwashing
• potable water
• food temperature control
• protection from dust, pests and contamination
• cleaning and sanitising
• waste and wastewater disposal
• safe food storage and display.

Event organisers should contact Council during the early planning stages. Each food vendor may be required to provide food-business notification details and information about the food they intend to prepare or sell.

Mobile food businesses must notify the relevant enforcement agency and comply with the Food Act, Food Regulations and Food Safety Standards. In most cases, the relevant enforcement agency is the council in the area where the mobile food business is based or housed.

Operators should contact Council before trading within the District Council of Elliston area, as additional approvals may be required depending on:

• the proposed trading location
• whether the business will operate on Council land or a public road
• signage
• waste and wastewater disposal
• access to water and electricity
• the nature of the food-handling activities.

Requirements may differ between council areas, so mobile vendors should contact each council in which they intend to operate.

Food prepared at home for sale is subject to food safety legislation in the same way as food prepared in commercial premises.

Before commencing a home-based food business, operators should contact Council to discuss:

• food-business notification
• the suitability of the kitchen and food-storage areas
• handwashing and cleaning facilities
• separation of business activities from household activities
• pets and pest control
• temperature control
• labelling and allergen requirements
• wastewater and waste disposal
• whether development approval may be required.

The scale and nature of the operation will determine the requirements that apply.

Council’s authorised officers may inspect food businesses to assess compliance with food safety legislation.

An inspection may consider:

• food-handling and preparation practices
• cleanliness and sanitising
• food temperatures
• food storage and display
• personal hygiene and handwashing facilities
• pest control
• waste disposal
• the condition and maintenance of premises and equipment
• food labelling and allergen management
• records and food-safety management tools
• previous compliance history.

Inspections may form part of Council’s routine inspection program or may occur in response to a complaint, food-safety incident, notification or public-health concern. The frequency of routine inspections may vary according to the type of food handled, the level of risk and the business’s compliance history.

Council officers may provide education and guidance; however, it remains the responsibility of each food business to understand and comply with all applicable legal requirements.

Council may investigate complaints about food businesses operating within the District Council of Elliston area.

Contact Council if you have concerns about:

• suspected food poisoning
• foreign objects found in food
• unhygienic food handling
• cleanliness of food premises
• pests within food premises
• incorrect food storage or temperature control
• misleading or missing food information
• suspected sale of unsafe or unsuitable food.

Please provide as much information as possible, including:

• the name and location of the business
• the date and time of purchase
• details of the food involved
• when the food was consumed
• any symptoms experienced
• photographs, receipts or packaging, where available.

Keep any remaining food securely contained and refrigerated or frozen, as Council or SA Health may request further information.

Symptoms of foodborne illness can include nausea, vomiting, diarrhoea, stomach cramps and fever.

People who are seriously unwell, have ongoing symptoms or are concerned about their health should seek medical advice. Young children, older people, pregnant women and people with weakened immune systems can be more vulnerable to foodborne illness.

Suspected food poisoning associated with a local food business can also be reported to Council.

Under standard 3.2.2A, all staff members need to have food safety training.

Do Food Safely online food safety training is recommended for food handlers and food business proprietors.

Food businesses have responsibilities to ensure that staff who undertake or supervise food handling activities have the skills and knowledge in food safety and food hygiene for the work that they do, to ensure that all food sold is safe and suitable.

There are also a range of fact sheets and other food safety information available from:

• SA Health Food Standards information
• Food Standards Australia New Zealand (FSANZ) Food Safety Hub
• The food safety agencies of other Australian states and territories such as Victoria, NSW and Queensland
• National Allergy Strategy training for food service - an initiative of the Australasian Society of Clinical Immunology and Allergy (ASCIA) and Allergy & Anaphylaxis Australia (A&AA)
•  

To keep updated on food safety news and changes at a national level, including food recalls which may impact your business, you can sign up to the Food Standards Australia New Zealand (FSANZ) free subscription service.

Further information and practical resources are available from:

• SA Health – Food Safety for Businesses
• SA Health – Food Business Resources and Fact Sheets
• SA Health – Food Safety Management Tools
• Food Standards Australia New Zealand
• Safe Food Australia – A Guide to the Food Safety Standards
• DoFoodSafely – Free Online Food Safety Training
• Food Act 2001
• Food Regulations 2017
• Australia New Zealand Food Standards Code

For advice about food-business notification, temporary food stalls, mobile vendors, home-based businesses or food-safety requirements, contact the District Council of Elliston.

District Council of Elliston
21 Beach Terrace, Elliston SA 5670
PO Box 46, Elliston SA 5670

Phone: 08 8687 9177
Email: dce@elliston.sa.gov.au

Businesses are encouraged to contact Council before establishing, purchasing, renovating or significantly changing a food business.