Food Business

Under the Food Act 2006, prescribed food businesses are required to hold an accredited Food Safety Program to ensure food safety risks are effectively identified and controlled for the production of safe and suitable food.

Generally prescribed food businesses which require an accredited Food Safety Program are those that prepare and/or serve potentially hazardous food to vulnerable population groups (i.e. children under the age of six, the elderly, immunocompromised persons etc.) and those providing catering services commensurate with the definitions of on-site and/or off-site catering under the Food Act 2006.

The Food Regulation 2016 prescribes the following food businesses as businesses require an accredited Food Safety Program:

• Aged care facilities
• Childcare facilities
• Private hospitals
• Delivered meals organisations catering for vulnerable population groups
• Caterers (as defined under the Act)

Information on whether or not your food business requires an accredited Food Safety Program is available here.

To apply for an accredited Food Safety Program, please complete the Application for Accreditation of a Food Safety Program Form and submit all supporting documentation with this completed application to Council for assessment.

To engage an approved Food Safety Program Auditor click here. 

The Fraser Coast Regional Council food safety course is a comprehensive program designed to educate individuals on the essential principles and practices of ensuring food safety in a variety of settings. These include small scale food handling activities such as Community and Charity groups, food stall holders and home-based businesses all the way through to large scale food businesses such as restaurants, food processing facilities, and catering services. This course covers a wide range of topics, including proper food handling, storage, preparation, and hygiene practices.

Throughout the course, participants will learn about potential hazards related to food safety, such as cross-contamination, improper temperature control, and inadequate sanitation. They will also gain knowledge about the importance of personal hygiene, including handwashing techniques, proper attire, and avoiding common foodborne illnesses.

Sessions are free and run in both Hervey Bay and Maryborough.

Hervey Bay:
Where: Hervey Bay Community Centre, 22 Charles St, Pialba
When: 9 January, 12 March, 21 May, 16 July, 10 September, 12 November, 9am to 11.30am

Maryborough:
Where: Maryborough City Hall (Reception Room), Kent St, Maryborough
When: 20 February, 9 April, 11 June, 20 August, 15 October, 10 December, 9am to 11.30am

To attend any of these courses, email foodsafetycourse@frasercoast.qld.gov.au

The applicant for a food business licence must be a legal entity (e.g. person(s) or company).

Prior to submitting your application, you should ensure the site has the relevant development approval to prevent the application being delayed.

Once approved, the applicant will be required to keep a current licence and comply with the Food Safety Standards and any conditions of the licence.

Food businesses must have a nominated food safety supervisor and provide this information to Council.
Complete and submit the Food safety -  Supervisor nomination form.

If you haven’t completed an accredited Food Safety Supervisor course, please find attached a list of Recognised Training Organisations that can assist you with this training.

The Queensland Government provides Guidelines for Food Safety Supervisors to assist you in choosing a course.

To view the timeframe for approvals please see Fact sheet - New food premises licensing process.

Every licensable food business operator must renew their food business licence by the due date.

Council must be notified in writing and their food business licence returned to Council if a food business operator decides to cease operating as a food business.

Food businesses are required to ensure that their food premises, fixtures, fittings, equipment and transport vehicles are designed and constructed to be cleaned and, where necessary, sanitised.

Businesses must ensure that the premises are provided with the necessary services of water, waste disposal, light, ventilation, cleaning and personal hygiene facilities, storage space and access to toilets.

If you are altering an existing food premises, Council approval must be obtained before any works are undertaken or completed and the requirements of the Foods Standards Code must be taken into account.

If you are designing and building a new food premises, you must do this in accordance with Standard 3.2.3 Food Premises and Equipment to ensure the business is compliant and receive approval from Council prior to undertaking any construction works.

For further information regarding food premises design, construction and refits, please see:

• Queensland Health Food Premises Fit Out Guide
• Guide to mechanical ventilation
• A Guide to the Food Safety Standards 

Plans must be approved by Council prior to any works being undertaken.
An application to construct or refit premises, must be submitted along with plans and the applicable fee.

Mobile food vehicles are treated the same as a fixed food premises under the Food Act 2006 (the Act) and must also comply with any relevant requirements of Standard 3.2.3 Food Premises and Equipment.

Refer to the Food Business section above for more information and the relevant Food Business Licence application form.

Not all food business activities are licensable under the Act and depending on the nature of the food being sold and/or the vehicle proposed to be used, some requirements of Standard 3.2.3 Food Premises and Equipment may not be applicable.

An application must be submitted to Council along with the appropriate fee prior to undertaking any activity that requires a commercial use of Council controlled areas and roads approval.

A short term food premises is defined as a premises OTHER THAN a fixed food premises or a mobile premises and an approved market or short-term food stall operator may ONLY operate within the Fraser Coast Region.
All food stalls must be:

•  constructed in compliance with Council requirements;
•  approved, with or without conditions; and
•  operated in accordance with the Food Safety Standards.

Short-term food stall approvals are issued to an operator that is attending a ‘one-off’ single event only; for e.g. the Tech Challenge or Seafood Festival; or a one-off food stall at an approved market.

Annual food stall approvals are an annual licence issued to an operator who wishes to operate at a number of markets or events throughout the approval period. The fit-out facilities and construction must remain the same for all events attended.

An approval must be obtained from Council to operate a short-term / annual food stall at a market or event.

The regulation of animals and pets in food premises was amended in 2013.

A food business may permit a dog that is not an assistance animal to be allowed in an outdoor dining area or may exclude, for any  reason, a dog that is not an assistance animal.

An assistance animal is trained to aid or assist a person with a disability.

Food businesses that permit dogs in outdoor dining areas must still ensure they maintain a high standard of food safety and personal hygiene.

Food businesses that allow dogs in dining areas must consider and manage issues that may arise from the presence of dogs, to ensure that they maintain compliance with the Food Act 2006 and the Australia New Zealand Food Standards Code, and do not handle food in an unsafe way.

Food businesses must ensure they continue to meet their obligations under other legislation, such as Work Health and Safety Act 2011 and Council's local laws.

Issues to manage and consider:

• ensuring that food service staff refrain from touching dogs, as this creates a risk of cross contamination;
• if food service staff touch a dog, they should wash their hands with soap and warm water and dry thoroughly, prior to further handling or service of food;
• the provision of water, storage of dog food and cleaning and storage of bowls for dog food or water;
• removal and disposal or dog urine/excrement;
• signage to designate or identify dog areas;
• barking and behavioural issues;
• possible trip hazards (e.g. leashes on pathways);
• availability of tether points and spaces; and
• insurance and public liability

There are serious health and safety concerns on the use of gas devices not designed for indoor use in enclosed places, including short-term / annual food food stalls.

Please consult your licensed gas fitter or the Dept. of Natural Resources and Mines, Petroleum and Gas Inspectorate or Phone: 3330 4241 for more information.

An LPG Safety Checklist for Outdoor events can be found on the Queensland Government Publications website.