The Food Act 1984 controls the sale of food in Victoria. Its main purpose is to protect people from food borne illness by way of monitoring and surveillance.
The Food Act 1984 adopts a preventative approach to food safety by grouping food premises into separate ‘Classes’, and sets out different food safety requirements for each class based on the food safety risks of its highest risk food handling activity. There are four classes – from highest risk (Class 1) to lowest risk (Class 4).
Councils are responsible for classifying every food premises within their municipal district under the Act. The Department of Health has developed a Food business classification tool which outlines a wide range of food business activities and applies a classification of 1 to 4 according to food safety risk of each activity.
What class is my food premise?
Mildura Rural City Council is responsible for classifying all food premises within their municipality.
To help determine classifications, all councils apply the Act by using the Department of Health Food Businesses Classification Tool. The aim is to promote a consistent approach to the classification of food premises across the state. Use the tool to get an idea of what class your food premise might be.
About Class 1
Class 1 food premises are those that predominantly handle potentially hazardous food that is served to vulnerable people in:
- Hospitals
- Child care centres providing long day care
- Aged care facilities such as nursing homes
About Class 2
Class 2 food premises are those that handle unpackaged potentially hazardous foods which need correct temperature control during the food handling process – including cooking and storage – to keep them safe. This includes:
- Restaurants
- Fast food outlets
- Pubs
- Delicatessens
- Supermarkets with delicatessens
- Cafes
- Most manufactures.
The Department of Health have an easy-to-use Food safety program template for Class 2 retail and food service businesses, available for download at their website.
About Class 3
Class 3 food premises are those whose main activities involve the sale of foods not commonly associated with food poisoning. This includes the supply of or handling of unpackaged low risk foods, or sale of pre-packaged potentially hazardous foods which simply need refrigeration to keep them safe. Premises that commonly fall into Class 3 include:
- Fruit stalls selling cut fruit
- Wholesalers distributing pre-packaged foods
- Most milk bars, convenience stores and coffee bars
- Food vending machines handling lower risk foods.
Class 3 food premises need to keep completed basic records about certain food safety practices on site.
About Class 4
Class 4 food premises are those whose food handling activities pose low risk to public health. They include the following:
- Premises which sell shelf stable pre-packaged confectionary such as newsagents, pharmacies, and video stores
- Bottle shops
- Premises which sell uncut fruit and vegetables such as farmers markets and green grocers
- Premises offering wine tastings
- Shops and stalls selling packaged shelf stable cakes, bottled jams or honey
- Sessional kindergartens serving low risk food and cut fruit
- Stalls running simple sausage sizzles, where the sausages are cooked and served immediately. This means sausages, sauce, onions and bread
Before starting up, all food businesses must contact their local council for information on their registration requirements and charges, their food business class, and whether they are required to have a Food Safety Program or Food Safety Supervisor. If you need to register a food business, (most businesses that sell food will), Council will charge a registration fee, which will need to renewed every year.
Class 1 and Class 2 Food Premises will require a Food Safety Program and must nominate a Food Safety Supervisor.
All food businesses – regardless of class – MUST comply with the Food Standards Code.
For more information regarding fees specific to your food business contact Council.
Further information is available at Department of Health Food Safety Website.
When registering a food business, whether a mobile, temporary or fixed premises, the following steps are generally taken:
- Contacting an Environmental Health officer at Mildura Rural City Council to discuss your plans in operating a food business. You may contact Environmental Health Services on (03) 5018 8216 or by email mrcc@mildura.vic.gov.au
- You will generally be requested to supply a plan or your premises with the layout or equipment, food preparation, storage, serving and cleaning areas so that a written response can be given. Along with this, your business details are requested also.
- Inspections will be conducted of the premises during the construction & fit out phase, or before you take over an existing business. This is to ensure that any works being done are in line with the Australian New Zealand Food Standards Code.
- Once the premises is in compliance with the Australian New Zealand Food Standards code, and a final inspection has been conducted by an Environmental Health Officer, your registration paperwork will be drawn up, and you are able to operate your food business upon payment of the registration fee.