A food business as defined in the Food Act 2001 means a business, enterprise or activity (other than a business, enterprise or activity that is primary food production) that involves:

a) the handling of food or drinks intended for sale; or

b) the sale of food or drinks,

regardless of whether the business, enterprise or activity is concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.

Food businesses include:

• cafes, restaurants, takeaways, supermarkets, convenience stores, petrol stations, childcare centres, temporary food stalls, mobile food vans, home activities, fundraising events such as sausage sizzles, and any other activities involving the sale of food regardless of whether it is sold in its original packaging or not.

The sale of food includes where food is offered as part of a service or event, and it also includes food that is given away in the process of advertising a product or service (such as food samples). Food also includes drinks, including alcoholic beverages.

Food businesses operating in South Australia must comply with the Food Act 2001 and the Australian New Zealand Food Standards Code. Standard 3.2.2 Food Safety practices and general requirements and Standard 3.2.3 Food premises and equipment of the Code contain the specific health and hygiene requirements.

Businesses preparing food for sale in a domestic premises must also comply with these requirements.

Further information to assist home food businesses is available on the Food Safety Standards website.

In December 2022 Food Standards Australia New Zealand (FSANZ) added the new Standard 3.2.2A – Food Safety Management Tools into the Food Standards Code (the Code). Affected businesses must have the new requirements in place by December 2023. The Standard is an addition of the existing requirements and introduces three food safety management tools for food service, caterers and some retail businesses.

The Standard applies to food business who are defined in the Standard as a category one or category two business.

Category one businesses

Category one businesses are businesses that make unpackaged potentially hazardous food into potentially hazardous, ready-to-eat food for customers, such as salads, sandwiches, curries, pizza, sushi, pastas, and soups.

Category one businesses can include:

• restaurants
• bakeries
• caterers
• cafes
• fast-food outlets
• hospitals
• childcare centres
• aged care facilities
• delivered meal organisations

Category two businesses

Category two businesses don’t make but minimally handle and sell ready-to-eat food such as smallgoods, cream buns, sandwiches or pies and pasties that has arrived unpackaged or is unpackaged by the business.

Category two businesses include:

• delis
• markets stalls
• supermarkets
• service stations
• convenience stores
• seafood retailers
• butchers

See the next tab called Standard 3.2.2.A for a breakdown of the requirements

The required tools

Food handler training – required by all captured

The food handler training tool requires food handlers who handle high risk foods to complete a food safety training course in, or be able to show they understand, safe handling of food, food contamination, cleaning and sanitising equipment, and personal hygiene.

Food handlers can show food regulators and businesses that they have food safety skills and knowledge in the same way they already show they’re meeting the existing skills and knowledge requirements, and/or by showing a certificate of completion of a food safety training course.

Note: under Standard 3.2.2 all food handlers, regardless of their food handling activities, need to have food safety skills and knowledge in line with the work that they do.

The business must make sure their food handlers have adequate skills and knowledge before they start working with high-risk foods.

The free, online DoFoodSafely training program is an example of a food safety training course and is available in multiple languages. Training may also be delivered from other online platforms, Registered Training Organisations (RTOs), in-house programs or local government food safety regulators.

Food safety supervisor – required by all captured

The supervision of food handlers tool requires businesses to appoint a qualified food safety supervisor who is available to oversee day to day food handling operations, help food handlers to handle food safely, and make sure food safety risks are managed.

The food safety supervisor must have been certified within the last five years.

Food safety supervisor certification is certification from an RTO in one of the following skill sets:

• SITSS00069 - Food Safety Supervision Skill Set (applicable to all food service businesses, caterers and retailers) units:
  • SITXFSA005 – Use hygienic practices for food safety
  • SITXFSA006 – Participate in safe food handling practices

• SIRRFSA001 - Handle food safely in a retail environment unit (generally targeted at category 2 businesses)
• HLTSS00061 - Food safety supervision skill set - for community services and health industries (generally targeted at businesses with food safety programs) units:
• HLTFSE001 – Follow basic food safety practices
• HLTFSE005 – Apply and monitor food safety requirements
• HLTFSE007 – Oversee the day-to-day implementation of food safety in the workplace

View the list of organisations who can offer food safety supervisor certification in SA.

For a complete list of Registered Training Organisations (RTOs) that offer the FSS skill sets/units nationally search the course unit names or codes on the training.gov.au website.

Showing you’re managing key food safety controls – required by Category 1 businesses

The substantiation of key food safety controls tool means businesses must show they are meeting certain ‘prescribed provisions’.

The prescribed provisions are existing food safety standards for temperature control, food processing and cleaning and sanitising food preparation surfaces and utensils.

Food businesses must show that they’re meeting the prescribed provisions by keeping a record or by demonstrating compliance to their food safety regulator, in the same way they already show regulators they’re meeting these existing food safety standards.

Businesses can show they are managing key food safety controls by keeping written or electronic records, making a note on invoices, taking photos, having written standard operating procedures, and walking and talking through the process with the food safety regulator.

Records must be kept for at least 3 months. To assist with your record keeping please refer to the Food Standards website here and here.

For more information please see the SA Health website here.

Before commencing a food business, please contact Council's Development Services Team on 8621 2300 to check if planning approval is required and contact Council’s Environmental Health Officers to see if you will be captured under the new food safety standard and need require additional training to start a food business

Good food premises design, construction and fit-out guide [PDF] will help to ensure ongoing compliance with all requirements and make operating your business easier for you and your staff.

Food businesses (other than a primary food production business) are required under Section 86 of the Food Act 2001, to notify their food business details to Council.

This can be done for free by completing the Food Business Notification (FBN) Form [PDF] and returning it to Council by:

Email: plcc@plcc.sa.gov.au

Post:
City of Port Lincoln
PO Box 1787
PORT LINCOLN SA 5606

In person:
City of Port Lincoln
Level One, Civic Centre
60 Tasman Terrace
PORT LINCOLN SA 5606

Online: via the SA Health website

Once your form has been processed, you will be issued with a unique FBN number.

The notification must be completed BEFORE the business commences AND within 14 days of any changes in business details.

The Food Business Notification Number is to be referenced on any Council permit application where food and/or drink is to be sold.

Under standard 3.2.2A, all staff members need to have food safety training.

'I’m Alert' or 'Do Food Safely' online food safety training is recommended for food handlers and food business proprietors.

Food businesses have responsibilities to ensure that staff who undertake or supervise food handling activities have the skills and knowledge in food safety and food hygiene for the work that they do, to ensure that all food sold is safe and suitable.

There are also a range of fact sheets and other food safety information available from:

• SA Health Food Standards information
• Food Standards Australia New Zealand (FSANZ) Food Safety Hub
• The food safety agencies of other Australian states and territories such as Victoria , NSW and Queensland
• National Allergy Strategy training for food service - an initiative of the Australasian Society of Clinical Immunology and Allergy (ASCIA) and Allergy & Anaphylaxis Australia (A&AA)

To keep updated on food safety news and changes at a national level, including food recalls which may impact your business, you can sign up to the Food Standards Australia New Zealand (FSANZ) free subscription service.

Council's Environmental Health Officer conducts random, unannounced inspections of food premises across the City of Port Lincoln area. These inspections assess compliance with the Food Act 2001 and the Australia New Zealand Food Standards Code (particularly the National Food Safety Standards) including whether premises are clean, food handlers have appropriate skills and food is safely prepared and stored. The cost for food inspections can be found in Council’s schedule of fees and charges here.

The frequency of these inspections is a risk based determination set by SA Health, the document to set the risk rating can be found here.

Food businesses will be issued with a copy of the inspection form which summarises the key aspects of the inspection. A follow up letter may be issued confirming the outcome of the inspection and providing additional information to business operators to assist them in complying with the legislation.

Council’s aim is to support local businesses to adopt a strong food safety culture and to comply with the above requirements without further intervention.  However, when serious breaches are identified or the business fails to improve practices despite warnings, enforcement action may be taken.

Enforcement action may include improvement notices, expiations (fines), prohibition orders or prosecution through the court system. The level of action taken will depend on the area of non-compliance and impact on public health.

Council encourages businesses to implement proactive programs to prevent the need for enforcement action.

A food recall is action taken by a food business to remove unsafe food from distribution, sale and consumption. All food businesses must be able to quickly remove food from sale to protect public health and safety. FSANZ coordinates and monitors food recalls in Australia, with the assistance of SA Health and local councils in South Australia.

You can access information regarding current food recalls via the Food Standards Australia New Zealand (FSANZ) website.

You can also receive alerts about food recalls by signing up to the FSANZ free subscription service.

Temporary food stalls are structures such as marquees that are used to sell food from at occasional events like a fete, market or show.

Mobile food vendors use food premises designed to be permanent but movable, including food vans, trucks and trailers for on-site food preparation (e.g. hamburgers, hot dogs and kebabs, coffee, juices, popcorn and fairy floss), and the sale of any type of food including pre-packaged food.

Temporary food and mobile food vending businesses must comply with the Food Act 2001 and the Australia New Zealand Food Standards Code, like a fixed food premises.

Event organisers, as well as individual temporary food and mobile food vending business operators will need to advise Council of their proposed activities by completing and returning the following relevant form(s) at least four (4) weeks prior to the event or activity.  This is to ensure appropriate approvals have been obtained (where required) and that adequate measures are in place to ensure the food safety requirements are complied with, and the health of the community is protected.

Temporary Event Food Notification Form - Event Organiser 11-71-T35 [PDF]

Temporary Event Food Notification Form -  Individual Food Outlet 11-71-T36 [PDF]

Council’s Environmental Health Officer may inspect the stall or vehicle at any time during the event. If serious breaches are identified, the business may be directed to cease trading until the breaches are rectified.

Council has developed a guideline for temporary food events which summarises the key requirements to assist community members in the planning and facilitation of events with regard to food safety. A more detailed guideline is available from the SA Health website.

Obtaining a Food Business Notification Number

If you do not have a Food Business Notification Number and you are required to have one you will need to complete the Food Business Notification (FBN) Form [PDF] and forward to Council.

Once your form has been processed, you will be issued with a unique FBN number.

The notification must be completed BEFORE you start selling food and/or drinks AND within 14 days of any changes in business details.

The Food Business Notification Number is to be referenced on any Council permit application where food and/or drink is to be sold.

If you have a concern with the food safety practices of a local food business, please contact Council’s Environmental Health Officer on 8621 2300 or email your concern to: plcc@plcc.sa.gov.au.

For concerns about butchers and primary processing industries please contact PIRSA on 08 8429 0837 or email them at pirsa.foodsafety@sa.gov.au.

While most types of complaints are handled by the local Council that the food business is located in, some complaints will be reviewed by SA Health. These include:

• undeclared allergens in food
• labelling
• food poisoning (for larger outbreaks)

If your food safety concerns relates to one of these issues, contact SA Health on 08 8226 7100 or email HealthFood@sa.gov.au.

If you suspect you have food poisoning please consult a doctor as soon as possible. A stool sample will be required to confirm diagnosis. If food poisoning infection is confirmed, the doctor will report their findings to SA Health.

More information about food complaints is available on the SA Health website.