NSW Food Authority Law Update: Local councils to regulate home-based food businesses from 1 July 2018

If you operate a food business that sells direct to the final customer notify your local council of your business and food activity details. 

If your business do not retail food direct to the customer (i.e. they sell to another party such as a cafe or restaurant to on-sell), they need to notify the NSW Food Authority of their business and food activity details. Go to: www.foodnotify.nsw.gov.au  

Are you unsure whether you operate a food business?

A food business is any food preparation, food storage or food distribution activity which handles food for sale, including not-for profit organisations offering in-kind rewards.  If the handling of food for sale occurs at an address which is also a domestic premise, there are special food safety issues to consider.

Obligations for food businesses

Like all food businesses, those based at home must comply with the relevant parts of the Food Standards Code, including:

•           Standard 3.2.2 Food Safety Practices and General Requirements

•           Standard 3.2.3 Food Premises and Equipment

•           Part 1.2 Labelling and other information requirements.

Before a food business can start operating, owners need to make sure the proposed activities are approved by their local council. Some councils may not approve operations involving high risk foods. 

Issues to consider for food businesses

Anyone in charge of a food business needs to identify food safety issues and implement measures to control risks.

Premises design and construction

Standards for flooring in kitchens and storerooms, and requirements relating to personal hygiene areas, need to be met such as adequate hand washing facilities which must be available. Check with the local council about what is acceptable.

They can also advise on zoning restrictions, development planning, construction and fit-out standards, waste disposal, environmental controls and any other local regulations.

Keep cold foods properly refrigerated

Adequate refrigeration capacity is essential to make sure that cold food remains safe. It is important to keep certain food such as meat, eggs and dairy under 5°C at all times, including during transport. 

Overloading domestic refrigerators and constantly opening the door means food takes longer to cool, or does not stay cold enough meaning harmful microorganisms have more chance to grow. Always use a fridge thermometer to check that your fridge is cold enough.

Cook food thoroughly

Cook food thoroughly without overloading the oven. Cool down cooked food as quickly as possible, e.g. refrigerate in small portions to allow proper cooling. Use a food thermometer to make sure what you are cooking reaches the required temperature.

Handle food hygienically

It is very important to keep ready-to eat food and raw food or ingredients separate. This means that food contact surfaces, utensils, containers, tea towels etc. should not be used for both raw and ready to-eat foods without being thoroughly cleaned in between.

Everyone who handles food for sale must have food safety skills and knowledge appropriate to their activities. Top of the list is proper hand washing, especially after using the toilet. Single-use towels are the safest way to dry hands as tea towels can transfer dangerous organisms between hands and food.

Young children, pets, and people who are sick should stay out of food preparation areas. Food must be protected from pests and vermin at all times, including raw ingredients.

Store food safely

Food containers and other containers should not be re-used if they are not rated for multiple use by the manufacturer. Some food containers can transfer harmful chemicals to food if not used correctly.

Product labelling

Labels of packaged foods must show: 

•           name of the food

•           manufacturer address details

•           the list of ingredients

•           ‘best before’ or ‘use-by’ date, as appropriate

•           batch numbering for traceability 

•           directions for use and storage

•           a Nutrition Information Panel (unless exempt)

•           the country of origin of the product and its ingredients

•           any other requirements of the Food Standards Code. 

There are also labelling restrictions to comply with, such as declaring ‘characterising ingredients’, making health claims in product marketing and other prohibitions 

Keep records

It’s a good idea to keep records of ingredients’ batches so these can be traced if an ingredient is recalled by another producer.

For further information on food safety tips, training and HACCP Manuals, call ISOsafe on 1300 789 132.

Ballarat Construction Company Fined $25,000 For Unsafe Scaffolding

A Ballarat construction company has been convicted and fined $25,000 for ignoring WorkSafe directions to fix unsafe scaffolding at a Mount Clear worksite.

The company was found guilty in the Ballarat Magistrates’ Court of two offences relating to a failure to provide a safe workplace and a failure to comply with a WorkSafe prohibition notice.

It was also ordered to pay $2897 in costs.

The court heard that WorkSafe issued the company with a prohibition notice in May 2016 after an inspector observed incomplete scaffolding, with missing planks and gaps in the handrails, at a site in the Ballarat suburb of Mount Clear. 

The notice required that the scaffolding not be used until the safety issues were addressed.

When a WorkSafe inspector returned to check that the notice has been complied with, he observed a person working from the same incomplete scaffolding.

The court heard that two subcontractors said they were directed by a company representative to work on the roof of the construction, and were not aware there was a prohibition notice in respect to the scaffolding.

WorkSafe Head of Operations and Emergency Management Adam Watson said the idea that a construction company would ignore a directive to fix a safety issue as critical as scaffolding was abhorrent.

“Falls are one of the most common causes of death and serious injury among construction workers. You don’t have to fall from a great height to be killed or suffer permanent injuries at a worksite,” Mr Watson said.

“Given the risks it’s quite disturbing to think that anyone would ignore a specific WorkSafe directive to make scaffolding safer.”

Employers should control the risk of injury through falls from height by ensuring:

• The installation of passive fall prevention measures such as railings and scaffolding.

• Workers perform their tasks within a safe area.

• Safety equipment is used to minimise the risk of injury if there is a fall.

• That workplace layout, access requirements, training and experience levels and on-site conditions are taken into account when the risk of falls is assessed.

For peace of mind, contact ISOsafe. Our specialists provide training, support and Safety Policies tailored for businesses Australia-wide.