Food safety is an important issue to the community. The correct construction, maintenance and operation of a food premises ensures the general community is protected from food that is not safe to eat. An important part of providing safe food is licensing.
Who requires a Food Business Licence?
Who does not require a Food Business Licence?
Who requires an Accredited Food Safety Program?
Making an Application for Food Business Licence
Buying or taking over an existing licensed business
Renovating or making changes to an existing licensed business
Food Safety Programs
Food Safety Supervisors
I'm Alert Food Safety FREE Online Training Program
Translated Food Safety Fact Sheets
Council is responsible for licensing food premises in accordance with the Food Act 2006 and the Food Safety Standards. The main purpose of the Food Act 2006 is to ensure food for sale is safe and suitable for human consumption. The Food Safety Standards sets out the specific requirements for the food businesses and food handlers that, if complied with, will ensure food does not become unsafe or unsuitable. The standards also set out requirements for food premises and equipment that, if complied with, will facilitate compliance by food businesses with the food safety requirements.
The Act requires Council to monitor the standard of operations in fixed, mobile and temporary food premises. This monitoring is achieved by providing for the licensing of particular food businesses. Compliance with the Act will assist you in providing safe food for your customers.
Who requires a Food Business Licence?
The Food Act 2006 defines a licensable food business as a food business that:
- Involves the manufacture of food
- Involves the retail sale of unpackaged food and is not a non-profit organisation
- Is carried on by a non-profit organisation and involves the sale of meals prepared by the organisation at a particular place, on at least 12 days each financial year
Licensable food businesses include (but are not limited to):
- Businesses manufacturing food
- Making food by combining ingredients eg. producing frozen meals in a factory, producing cake mixes
- Significantly changing the condition or nature of food by any process such as milling, peeling, cutting or freezing
- Bottling or canning food
- Packing unpackaged food (other than unprocessed primary produce) eg. packing bulk coffee for wholesale
- Making ice
- Businesses that sell unpackaged food by retail
- Restaurant or delicatessen
- Catering business
- Takeaway food outlets
- Motel providing meals with accommodation
- Unpackaged food from a vending machine
- Child care centres
- Bed breakfasts
- Hostels
- Private hospitals and nursing homes
Some licensable food businesses are also required to have an accredited food safety program.
Who does not require a Food Business Licence?
Even though a food business licence may not be required, the businesses still has a responsibility to ensure the sale of safe and suitable food and an obligation to comply with the Food Safety Standards. This includes the design, construction and fit out of the food premises.
Businesses not requiring a licence include:
- Production of primary produce eg. abattoirs or dairy farms
- Food businesses conducted by the State or a government owned corporation
- Tuck shops operated by a parents and citizens association at a State School
- Handling of food at a person's home that is intended to be given away to a non-profit organisation for sale by the organisation eg. cakes made for fundraising
- Sale of unpackaged snack food that is not potentially hazardous food eg. corn chips, potato chips, confectionary, nuts, dried or glazed nuts, biscuits and cakes (however the business where the biscuits and cakes are made needs to be licensed)
- Sale of whole fruit or vegetables
- Sale of drinks, other than fruit or vegetable juice processed at the place of sale eg. tea, coffee, soft drinks, alcoholic drinks
- Sale of ice including flavoured ice
- Provision of meals by a non-profit organisation if the meals consists only of fruit, cereal, toast or similar food
- Provisions of meal by a non-profit organisation if the consumer of the meal helps prepare it
- Sale of unpackaged food, not considered to be a meal, by a non-profit organisation eg. barbeque sausage sizzle
- Provision of meals by a non-profit organisation that are prepared by an entity other than the organisation and are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal's manufacturer
The definition of a meal is food that:
- Is, or intended to be, eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery
- Is of adequate substance as to be ordinarily accepted as a meal
It is an offence under the Food Act 2006 for a person to carry on a licensable food business without holding a licence to carry on the business.
Who requires an Accredited Food Safety Program?
The Food Act 2006 requires some licensable food businesses to have an accredited Food Safety Program (FSP) to identify, document and control food safety hazards within a food business.
Food businesses requiring an accredited FSP include:
- Offsite catering
- Onsite catering at the premise stated on the licence
- Onsite catering at part of the premise stated on the licence, catering for to 200 or more people, on 12 or more occasions per year such as a function room used for onsite catering on the premise of a large hotel
- Operations of a private hospital under the Private Health Facilities Act 1999
- Production of potentially hazardous food for vulnerable populations including hospital patients, young children in child care centres, elderly people in aged care facilities, and services such as meals on wheels
Food Safety Programs for Caterers
Food Safety Programs for Vulnerable Persons
Choosing to have a Food Safety Program
Making an Application for Food Business Licence
All licensable food businesses including fixed premises, mobile premises and temporary stalls are required to be licensed by Council. If you wish to operate a licensable food business in the Rockhampton Local Government area, you are required to obtain a licence from Council by completing an application form. The following information will assist you in ensuring your application is complete and that you have considered everything that is required with submitting an application.
The applicant for the Food Business Licence must be a legal entity ie. a person or a company. A business name or trading name is not a legal entity and cannot be the licence holder.
To make an application for Food Business Licence with Council, you must submit a fully completed form with supporting documentation and the relevant fee. If your food business is required to have an accredited FSP, you must apply for this at the same time using the same form.
Council will process your application within 30 days. You will be contacted should additional information be required to process the application; this will extend the processing timeframes. You will be notified when a decision has been made regarding your application.
When approved, you can then carry out any proposed works (eg. construction or fit out) in accordance with the approved application.
When you are close to completing the construction of the premises, contact Council's Environment and Public Health Unit to arrange a final inspection. You can not open your business until the premises have had a final inspection and approval has been obtained.
Council will inspect the premises on a regular basis to ensure compliance with the approved application.
Food business premises must be constructed in accordance with the Food Safety Standards. It is recommended that you contact Council's Development Assessment Unit and Building Services as these units may require separate approval.
Application for Food Business Licence
Buying or taking over an existing licensed business
If you are planning to purchase a licensable food business, you will need to determine whether the business holds a current licence and the current status of the premises. To amend the licence into another person's name, an Application for Amendment of Food Business Licence and relevant fee must be submitted to Council. This form must be signed by both the current licensee and the proposed licensee and accompanied by the relevant fee.
Application for Amendment of Food Business Licence
It is also recommended that you conduct a business search to determine if there are any outstanding requisitions or outstanding fees owed by the business. There are three types of searches as follows:
Activity Facility Records Search - Current status of licence/registration records only (does not include an inspection report).
Single Activity/Facility Search and Inspection - Current status of licence/registration records and current inspection report where applicable. Applications must be accompanied by the relevant fee and consent of the licence/registration holder.
Multiple Activity/ Facility Search and Inspection - Current status of licence/registration records and current inspection report where applicable for multiple activities at the one premise (eg. ERA and DGSM at the one premise). Applications must be accompanied by the relevant fee and consent of the licence/registration holder.
Property Search Form
Renovating or making changes to an existing licensed business
If you intend to renovate or refurbish an existing premise, you may be required to make an Application for Amendment of Food Business Licence and submit to Council with the relevant fee and required information as outlined in the application form. The process of assessing the application is the same as Making an Application for a Food Business Licence. Please contact Council to determine if an application is required before construction commences.
Food Safety Programs
Some licensable food businesses are required to have an accredited Food Safety Program (FSP), which identifies, documents and controls food safety hazards within a food business.
The contents of the program must:
- Systematically identify the food safety hazards that are reasonably likely to occur in food handling operations
- Identify where, in a food handling operation of the food business, each hazard can be controlled and the means of control
- Provide for the systematic monitoring of the means of control
- Provide for appropriate corrective action to be taken when a hazard identified is not controlled;
- Provide for a regular review of the program
- Provide for the keeping of appropriate records for the food business, including records of corrective action taken to ensure that the business is in compliance with the program
- Contain other information, relating to the control of food safety hazards, prescribed under regulation
There are various templates available on the Queensland Health website. When using a template to develop a FSP ensure that it is altered to reflect the actual activities conducted at the food business.
To make an application for FSP accreditation with Council, you must submit a fully completed form with supporting documentation and the relevant fee. If you are applying for a food business licence and the food business requires FSP accreditation, you must apply for both together using the Application for Food Business Licence. If you already have a food business licence, you must complete the Application for Food Safety Program Accreditation.
Application for Food Safety Program Accreditation
Application for Amendment to Food Safety Program Accreditation
Written advice from an auditor is required to make an application for accreditation. Approved Third Party Auditors can be found on the Queensland Health website.
Choosing an Approved Auditor
Once an application is received Council has up to 30 days to accredit the FSP. You will be contacted should additional information be required to process the application, please note this will extend the processing timeframes. You will be notified when a decision has been made regarding your application.
Complying with a Food Safety Program
Food Safety Supervisors
All licensed food businesses are required to nominate a Food Safety Supervisor (FSS). A FSS is required to take a lead role in supervising food safety in the food business. Apart from holding the required competencies, they must also:
- Have the ability to supervise food handling practices in the food business
- Be reasonably available at all times the food business is operating
- Have the authority to supervise and give instructions to food handlers
Anyone, including the business owner, licence holder and employees can be a FSS provided they meet the required competencies and meet the above criteria. The required competencies for a FSS are listed in Table 1 of the Food Supervisor Fact Sheet 18 and are dependant on the type of food sector as detailed in Table 2. The minimum competencies apply regardless of whether the business has a food safety program.
Food Safety Supervisor
For more information on nationally recognised training and registered training organisations visit www.training.gov.au.
Licensees are required to notify Council's Environment and Public Health Unit of the details of your FSS within 30 days of the licence being issued. You must also notify the Environment and Public Health Unit of any changes to your FSS or their contact details within 14 days of the change.
To nominate a Food Safety Supervisor with Council, you must submit a fully completed form with supporting documentation.
Food Safety Supervisor Nomination Form
I'm Alert Food Safety FREE Online Training Program
Rockhampton Regional Council is assisting food businesses to meet their obligations under the Food Act and Food Safety Standards by providing free access to the I'm Alert Food Safety online training program.
This training will assist food handlers in developing the required skills and knowledge to ensure food is handled in a safe and hygienic manner. I'm Alert is also available to everyone in the community to ensure food safety in the home.
The program has been developed by qualified and experienced Environmental Health professionals and is equivalent in scope to a two-day consultant delivered course. The interactive, logical and easy learning format includes an entertaining presentation.
A training acknowledgement certificate can be printed upon completion and be kept as a part of your food safety records. Please note that completing I'm Alert Food Safety online training does not fulfil the required competencies for a Food Safety Supervisor.
Visit www.rockhamptonregion.imalert.com.au to conduct the training now!
Translated Food Safety Fact Sheets
Food safety available for download in the following languages:
Food Handling Skills and Knowledge - English, Chinese, Filipino/Tagalog, Hindi, Spanish, Thai, Vietnamese
Food Businesses - Your Responsibilities - English, Chinese, Filipino/Tagalog, Hindi, Spanish, Thai, Vietnamese
Food Handlers - Your Responsibilities - English, Chinese, Filipino/Tagalog, Hindi, Spanish, Thai, Vietnamese
Receiving Food Safely - English, Chinese, Filipino/Tagalog, Hindi, Spanish, Thai, Vietnamese
Thermometers and Using Them - English, Chinese, Filipino/Tagalog, Hindi, Spanish, Thai, Vietnamese
Temperature Control Requirements - English, Chinese, Filipino/Tagalog, Hindi, Spanish, Thai, Vietnamese
For more information click on related links and documents or contact Council's Customer Service Centre on 1300 22 55 77.