Food

Does your business need to have a designated Food Safety Supervisor by law?

The FSS requirement applies to retail businesses who process and sell food (prepare and serve) that is:

• ready-to-eat
• potentially hazardous (i.e. needs temperature control)
• NOT sold and served in the supplier's original package.

Examples of businesses* include restaurants, cafés, takeaway shops, caterers, bakeries, pubs, clubs, hotels and supermarket hot food sales.

* Note
This is not a comprehensive list. Other businesses that serve food that meets the above criteria and provide accommodation, service or entertainment where there is an inclusive charge which covers the food supplied, would also fall under the FSS legislation. For example, B & B’s, motels, hotels and entertainment venues.

The NSW Food Authority website provides further detail on Food Safety Supervisor requirements, information on registered training organisations and other important information.

An easy to read guideline is available here.

The NSW Food Authority can also be contacted by telephone on 1300 552 406.
Bathurst Regional Council's Environmental Health Officers can be contacted to discuss the requirements on (02) 6333 6511.

How do I make a complaint about a food business?

Do you have a complaint regarding suspected food poisoning?

Complaints regarding single-incident food borne illness (one person or multiple people from the same household) from a retail food premises can be made by contacting Council via phone 02 6333 6111, email at , post or in person at 158 Russell Street, Bathurst NSW 2795. Complaints regarding food borne related illness from non-retail premises or where there are multiple cases from different households, the NSW Food Authority needs to be contacted on 1300 552 406 or via the NSW Food Authority website.

Do you have a complaint regarding an unsafe, unhygienic food premises?

In addition to routine food safety inspections, our Environmental Health Officers are available to investigate consumer complaints or concerns about a particular food premises or activity.

Such complaints may include:

• Foreign matter in food such as hair, glass, or vermin
• Mouldy or rotten foods
• The sale of products past their use by date
• Poor food handling practices
• Dirty premises
• Pest activity in kitchens or dining areas.

Complaints can be made by contacting Council via phone on (02) 6333 6111, email at council@bathurst.nsw.gov.au, post or in person at 158 Russell Street, Bathurst NSW 2795

Our role is to ensure compliance with the current food laws in a fair and reasonable manner. Our service does not extend to providing legal advice and does not seek compensation on behalf of customers.

Do you have a complaint regarding a manufacturer, wholesaler or butcher?

We do not have the power to regulate or inspect food manufactures, food wholesalers or butcher shops. Complaints regarding these businesses must be made by contacting the NSW Food Authority on 1300 552 406.

How can I find information about food premises that have been fined or prosecuted?

The NSW Food Authority’s name and shame register provides a list of food businesses that have been given a Penalty Notice or have been prosecuted in court for breaching food safety laws. Publishing the lists gives consumers more information to make decisions about where they eat or buy food.

Online food safety training is provided through the NSW Food Authority “Food Handler Basics Training” and can be accessed by clicking on the link here.

The Food Handler Basics training is a free, non-accredited, online training course that covers the basic knowledge requirements for food handlers in 3.2.2A of the Food Standards Code.

Participants work through 7 food safe handling modules, and an assessment at the end. Those who achieve a score of 100% can receive a certificate of acknowledgement.

It is important to note that a certificate is not a proof of skills under the Food Standards Code and food handlers must also be able to demonstrate they know how to handle food safely in the food business.

This online training does NOT replace the need for a food business to have a fully trained Food Safety Supervisor.

Before operating, temporary and mobile food vendors are required to complete an Annual Temporary/Mobile Food Vendor Registration Form  and obtain approval in writing before commencing operation.

If food is prepared, stored or produced at a home based business you will be required to produce written evidence from your Local Council (where the premises is located) confirming your premises are suitable for the storage, preparation or production of food for sale.

The completion of the Annual Temporary/Mobile Food Vendor Registration Form should be submitted to Council with the relevant fees a minimum of 2 weeks before the event.

Guidelines for food business at temporary event and guidelines for mobile food vendors are available from the NSW Food Authority.

Examples of required documents and fact sheets to assist temporary/mobile food and beverage vendors:

• Mobile/temporary food inspection report(PDF, 148KB) - this report contains information of what Environment Health Officers will be looking for during an inspection of your setup at an event.
• NSW Food Safety Supervisor Certificate example(PDF, 202KB)
• 2 hour / 4 hour rule - factsheet(PDF, 166KB)
• 2 hour / 4 hour rule - record keeping template(PDF, 84KB)
• Rapid cooling record keeping template(PDF, 109KB)

• Cooling and reheating factsheet(PDF, 133KB)

If you have any questions, please contact Bathurst Regional Council's Health & Environmental Office on (02) 6333 6111.

All food premises are required to be registered with Council.  A food business notification form  can be completed and sent to Council outlining the type of business to be registered.

New business operators are encouraged to discuss any new proposals with Council's Environmental Health Officers to ensure compliance with the minimum standards of the relevant Food Codes and Regulations before commencing any work.  An inspection of any proposed new premises is also recommended.  This is a free service to ensure you are aware of the approval process.

In most cases a new food premises will require the submission of a Development Application for the fit out of the premises.  Compliance with AS 4674-2004:  design, construction and fit out of food premises will be a condition of any approval.

Home based food preparation operations are permitted in some circumstances. 

Premises producing low risk food such as cakes, slices, jams and chutneys are usually acceptable as a home based business.  High risk food production will require a kitchen which complies with Australian Standard 4674-2004:  design, construction and fit out of food premises and the Food Standards Code.

To obtain approval a Home Business, Home Occupation & Home Based Child Care Notification Form  is to be submitted to Council for consideration.

Council's Guidelines for the Preparation at Home of Food for Sale(PDF, 108KB)Home-Food-Prep-Guidelines(PDF, 108KB)   provide additional information about what Council requires including the submission of a food safety plan.

An inspection of your premises will be carried out by Council's Environmental Health Officers to ensure compliance with the relevant food standards before any food production is permitted.

Bed and Breakfast accommodation (B&Bs) and other similar establishments such as farm stays must comply with Council’s “Operation of Tourist and Visitor Accommodation Establishments” policy (A copy of the policy can be requested from Council's Environmental, Planning and Building Services Department on request). Such establishments are defined as “tourist and visitor accommodation”, which means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) eco-tourist facilities
(d) farm stay accommodation,
(e) serviced apartments,

Tourist and visitor accommodation which prepare and serve food as a part of the service must meet the standards required of the Food Act 2003 and associated regulation, including the requirement for a designated Food Safety Supervisor (FSS). Further details on the FSS can be found here ((link https://www.foodauthority.nsw.gov.au/retail/scores-on-doors/guide-for-businesses).

Premises which are not connected to the reticulated water supply must comply with the “Private Water Supply Guidelines” prepared by NSW Health https://www.health.nsw.gov.au/environment/water/Pages/NSW-private-water-supply-guidelines.aspx

Premises which are not connected to the reticulated sewer system must possess a current approval to operate a sewage management system issued under s68 of the Local Government Act 1993.

Premises which operate as tourist and visitor accommodation are subject to regular inspection by Council Officers where compliance with the Food Act 2003, Local Government Act 1993 and Public Health Act 2010 will be assessed. Fees are payable in accordance with Council’s Revenue Policy and are reviewed annually.

Premises must meet other standards relating to fire safety, car parking and other matters under the Building Code of Australia. Staff in the Environmental, Planning and Building Services Department can provide advice on the implementation of the policy and other regulations.

Further information can be obtained from Council on (02) 6333 6111.