Home Registration licensing and notifications by local governments

Registration licensing and notifications by local governments

Several registrations, approvals, licences or notifications are required to be submitted to local government enforcement agencies for specific businesses, individuals or home owners to ensure activities do not impact on public health.

These are required under the:

Food Act 2008
Public Health Act 2016

The following information is designed for local government authorised officers / Environmental Health Officers.

Food Act registration or notifications

The following table details the responsibilities of local governments (LG), Department of Health (DOH) and the Department of Agriculture Water and Environment (DAWE) including:

registration
notification and
enforcement activities

for food businesses. It also outlines the primary regulatory requirement for various food business activities under the Food Act 2008 and Food Standards Code.

The Local government and Department of Health food business responsibilities table (PDF 150KB) is also available to download.

Table: Enforcement agency responsibilities for various food business activities and applicable regulatory requirements (refer to table key below)

Type of food business	Regulatory requirement	Food Safety Plan Requirement	Registration / Notification	Verification authority	Appropriate enforcement agency / Controlling Authority	Auditing arrangement
Retailers
cafes, restaurants, grocery stores, supermarkets and food retail outlets, takeaways charities, community groups and volunteers that are selling food school canteens mobile food vans markets and temporary events food manufacturers food prepared in residential homes intended for sale	Standard 3.2.2, 3.2.3	NA	LG	LG	LG	NA
Food retail businesses not within a district (Kings Park and Rottnest, WA Athletic Stadium and the WA Basketball Centre)	Standard 3.2.2, 3.2.3	NA	DOH	DOH	DOH	NA
Vulnerable populations
Hospitals - Public	Standard 3.3.1	Food Safety Program in accordance with Standard 3.2.1	DOH	DOH	DOH	RFSA
Hospitals – Private	Standard 3.3.1	Food Safety Program in accordance with Standard 3.2.1	LG	LG	LG	RFSA
Cafe in hospital	Standard 3.2.2, 3.2.3	NA	LG	NA	LG	NA
Aged Care Facility (private, public)	Standard 3.3.1	Food Safety Program in accordance with Standard 3.2.1	LG	LG	LG	RFSA
Child Care Centres	Standard 3.3.1	Food Safety Program in accordance with Standard 3.2.1	LG	LG	LG	RFSA
Delivered Meal Organisations, Hospice, same day chemotherapy	Standard 3.3.1	Food Safety Program in accordance with Standard 3.2.1	LG	LG	LG	RFSA
Dairy
Retail sales (limited distribution, small scale, shop front sales, no pasteurising)	Standard 3.2.2, 3.2.3	NA	LG	LG	LG	LG
Dairy primary production (dairy farm) Dairy transporter (collection of milk from farm transport to processor) Dairy Processor, manufacturer (pasteurising milk, cheese, yoghurt, ice cream)	Standard 4.2.4	Food Safety Program in accordance with Standard 3.21.	DOH	DOH	DOH	RFSA
Export dairy processing	Standard 4.2.4	Approved arrangements	DAWE registration DOH notification	DAWE	DOH (domestic) DAWE (export)	DAWE
Dairy stores	Standard 4.2.4	Food Safety Program in accordance with Standard 3.2.1	DOH / DAWE as determined	DOH / DAWE as determined	DOH / DAWE as determined	DOH / DAWE as determined
Meat for human consumption
Export Abattoir Tier 2 (unrestricted market)	AS4696 AS4464	Approved arrangements	DAWE registration	DAWE	DOH (domestic) DAWE (export)	DAWE
Export Abattoir Tier 1 (export to restricted markets) Boning Room	AS4696 AS4464	Approved arrangements	DAWE registration DOH notification	DOH	DOH	DOH / DAWE
Export (Meat processing)	AS4696 AS4464	Approved arrangements	DAWE registration DOH registration domestic	DOH DAWE	DOH	DOH / DAWE
Abattoir domestic	AS4696	Approved arrangements	LG registration	DOH	LG enforcement DOH controlling authority	DOH
Meat processing (including rabbit, emu, crocodile, wild game) UCFM, ready to eat meat Wholesale supply	Standard 4.2.3 AS 4696 AS 4466 AS 5010 AS 4467 AS 4464	Approved arrangements	LG	DOH	LG enforcement DOH controlling authority	DOH
Meat transporter (meat that has been processed), wholesale supply	AS4696	Approved arrangements	LG	LG / DOH on case by case (contact DOH for advice)	LG enforcement DOH controlling authority	DOH
Meat retail small scale, shop front, only	Standard 3.2.2, 3.2.3	NA	LG	LG	LG	LG
Processing UCFM, retail sales, small scale, shop front	Standard 4.2.3	Food safety management system in accordance with Standard 4.2.3	LG	LG / DOH on case by case (contact DOH for advice)	LG enforcement DOH controlling authority	LG
Rendering premises (breaking down animal by products) for human consumption	AS 5008	Approved arrangements	LG	DOH	LG enforcement DOH controlling authority	DOH
Processing ready to eat meat retail sales, small scale shop front	Standard 3.2.2, 3.2.3	NA (case by case)	LG	LG	LG	LG
Ready to eat retail Modified atmosphere packaging	Standard 4.2.3	Food safety management system in accordance with Standard 4.2.3	LG	LG/DOH case by case	LG	LG/DOH case by case
Pet meat
Pet meat harvest in field	Local laws	NA	NA	NA	LG	NA
Pet meat processing / abattoir, knackery, rendering, wholesale supply	Food Regulations Division 4	NA	LG registration	NA	LG	NA
Retail pet meat processor	Food Regulations Division 4	NA	LG notification only	NA	LG	NA
Poultry
Poultry producer	Standard 4.2.2	General food safety management	LG	LG	LG	LG
Poultry processing	AS4465	Quality Assurance Arrangements	LG	DOH	LG enforcement DOH controlling authority	DOH
Export poultry processing	AS4465	Quality Assurance Arrangements	DAWE (export) DOH (domestic)	DAWE (export) DOH (domestic)	DAWE (export) DOH (domestic)	DAWE DOH
Poultry retail premises	Standard 3.2.2, 3.2.3	NA	LG	NA	LG	LG
Seafood
Primary production, processing of seafood	Food Regulations Clause 4 Standard 4.2.1	Comply with General Seafood Safety Management Clauses	LG	NA	LG	NA
Seafood processing premises	Standard 4.2.1 Standards 3.2.2, 3.2.3	NA	LG	NA	LG	NA
Primary production and harvesting of bivalve molluscs	Standard 4.2.1	Documented food safety management systems	DOH	DOH	DOH	DOH
Export shellfish estuary and harvest management	Standard 4.2.1	Approved arrangements	DAWE registration, DOH notification	DAWE	DOH	DOH
Export fish handling and processing, fishing vessels	Standard 4.2.1	Approved arrangements	DAWE registration, DOH notification	DAWE	DAWE	DAWE
Eggs
Eggs production, processing	Standard 4.2.5	Food safety management statement	LG	LG	LG	LG
Export egg production, processing		Approved arrangements	DAWE registration	DAWE	DAWE	DAWE
Horticulture
Seed sprout processing	Standard 4.2.6	General food safety management requirements	LG	LG	LG	LG

Table key:

Registration	Requirement of food business in accordance with Section 110 of the Food Act 2008 and Section 111 of the Export Control Act 2020. Export food businesses registered under section 111 of the Export Control Act 2020 are exempt from complying with section 110 by Regulatin 13 of the Food Regulation 2009
Notification	Requirement of food business in accordance with accordance with Section 107 of the Food Act 2008.
Regulatory requirements	Principal food safety related legislation applicable to the food business activities (not exhaustive).
Department of Health (DOH)	Environmental Health Directorate of the Department of Health of Western Australia
Department of Agriculture Water and the Environment (DAWE)	Department of Agriculture Water and the Environment
Food safety plan requirements	The legislative requirement that describes how the food business must identify, control, monitor and document the management of food safety hazards.
Approved arrangements	Food businesses that export food, an approved arrangement is required by the Department of Agriculture and Water and Environment in accordance with the Export Control Act 2020. The arrangement documents food safety processes and practices that provide for Export Certification. Food businesses that that are required to comply with Australian Standards in Section 18 of the Food Regulations 2009 need an approved arrangement as described in the relevant Standard.
Verification authority	The authority responsible for verifying the accuracy of the documented food safety plan or approved arrangement.
Enforcement agency	The agency responsible for compliance and enforcement of the requirements of the Food Act 2008, Food Regulations 2009, Australia New Zealand Food Standards Code identified by Regulation 4 and 5 of the Food Regulations 2009 in relation to the activities of the food business.
Controlling authority	The authority conducting verification and auditing activities in relation to the food businesses required to comply with Australian Standards in Regulation 18 of the Food Regulations 2009.
Auditing arrangements	Describes which agency or auditor nominated by the Enforcement / Controlling Agency conducts audits of the food safety program or approved arrangement requirement.
NA	Not Applicable
Standard	The relevant Food Safety Standard applicable in accordance with the Australian and New Zealand Food Standards Code
AS	The Australian Standard identified in the Food Regulations 2009
Tier 1 Abattoir	Abattoir processing meat which can be exported to a ‘restricted’ number of predetermined international countries.
Tier 2 Abattoir	Auditor abattoir processing meat which can be exported to an ‘unrestricted’ number of international countries.
Regulatory Food Safety Auditor (RFSA)	Approved by the DOH under Section 94 of the Food Act 2008 to undertake regulatory food safety audits of the food business food safety plan.

Food businesses should refer to registration of a food business for more information.

Exempt food businesses - notification requirements

The Food Act 2008 (the Act) (external site) provides for certain types of food businesses to be exempt from the requirements of registration. These types of food businesses are prescribed within the Food Regulations 2009 (external site).

Exempted food businesses, not subject to registration requirements, are still subject to the notification requirements contained within Standard 3.2.2 of the Australia New Zealand Food Standards Code (external site).

However exempted food businesses must still notify the appropriate enforcement agency of their intention to undertake food business activities prior to doing so.

How does an exempted food business notify?

To notify an exempted food business, the following information must be submitted:

contact details of the food business including:
- the name of the food business
- the name and business address of the proprietor of the food business
the nature of the food business
the location of all food premises of the food business that are within the jurisdiction of the enforcement agency
any other information deemed necessary by the enforcement agency
any fee set by the enforcement agency.

Enforcement agencies must have their own notification form.

What is the purpose of notification?

Notification ensures that anyone handling food intended for sale is provided with appropriate information and guidance on how to prepare food safely.

It also assists such persons in understanding their legal obligations in relation to selling food to the public.

The notification process also ensures that enforcement agencies are aware of all food business activities being conducted within their district, which is important for food safety surveillance and compliance activities.

What types of food businesses are exempted from registration?

The Food Regulations prescribe a number of food businesses as exempted from registration. These are businesses that:

are conducted solely for charitable or community purposes and prepare food that is not potentially hazardous or foods that, after being appropriately cooked, are served for immediate consumption (regulation 10)
sell certain packaged food (regulation 11)
provide complimentary drinks in conjunction with another kind of business (regulation 12)
form part of premises registered under the Australian Government’s Export Control Act 1982 (regulation 13).

Is there a fee for notification?

With the exception of food businesses conducted solely for charitable and community purposes, an enforcement agency can impose and recover a fee for notification under the Local Government Act 1995 Part 6 Division 5 Subdivision 2.

Information for enforcement agencies

All food businesses must comply with the requirements of the Food Act. The exemption for certain food businesses only applies to the requirement for registration. All of the enforcement and compliance mechanisms available to enforcement agencies under the Food Act can still be utilised for exempted food businesses.
Each enforcement agency must prepare and maintain a list of food business notified to the agency in respect of any premises.
Section 107 only applies to those food businesses that fit within the categories of exemptions contained within the Food Regulations. All other food businesses must apply for registration under Section 110 of the Food Act. This section provides the mechanism for approval of a food business. Section 108(b) specifically states that any food business that is required to be registered is exempt from Section107 and the notification requirements of Standard 3.2.2 clause 4 of the Code.

Public Health Act registration or licences

Part 8 of the Public Health Act 2016 provides a framework for the registration and/or licensing of activities declared by the regulations to be public health risk activities.

Stage 5 of implementation of the Public Health Act will identify a range of public health activities that may require registration and/or licensing by local government or the Department of Health.

Refer to registration and licensing for an overview of Part 8.

Last reviewed: 23-09-2021

Produced by

Environmental Health Directorate

For queries related to the Food Act 2008 email foodsafety@health.wa.gov.au

For queries related to the Public Health Act 2016 email publicheatlhact@health.wa.gov.au