Home-based food businesses

Follow our step-by-step guide to help you prepare your DA.

Your DA will need to show that your proposal:

• complies with planning policies, (such as zoning and how the proposal meets the definition of a 'home business')
• meets National Food Safety Standards:
  • Standard 3.2.2 Food safety practices and general requirements
  • Standard 3.2.3 Food premises and equipment
• could meet the requirements or exemptions that apply to the fit-out of home-based food businesses in Appendix 10 of the Food Safety Standards. Outline how you can achieve these requirements in your Statement of Environmental Effects.

If you intend to prepare high-risk foods, you must operate from an approved commercial food premises. High-risk foods include dairy, fish, meat, or large quantities of food.

You'll need to lodge plans and certain documents with your DA.

Plans:

• Site plan: Show the room(s) of the dwelling you intend to use for the business in colour, so we know where they are in comparison to the rest of the house.
• Floor plan: Details of the room(s) you're using for the business, eg, show the cooking facilities, storage areas etc, on the plan.

Documents:

• Owners' consent: You need strata consent if your home is within a residential flat building or townhouse complex.
• Photographs: Include kitchen, food handling, wash-up, storage areas, and external photos for context of the site.
• Statement of Environmental Effects, include:
  • What food you intend to prepare and the quantities. If you're planning to produce high-risk food(s) or more than 10kgs of product, you must operate from a commercial premises.
  • Method of how you'll distribute the product(s).
  • The hours you intend to operate the business.
  • Proposed storage arrangements for dry, refrigerated and frozen food and other food-related items.
  • Development controls in our planning policies. Show how your:
    • property's zoning allows the type of home business development you're proposing
    • proposal meets the objectives of the property's zoning
    • proposal will not interfere with your neighbours' amenity.

If you have prepared your plans and documents, you're ready to lodge your DA online:

• Lodge your DA on the NSW Planning Portal

We may inspect your food preparation/storage facilities before we can approve your DA if:

• the fit-out and design of your home-based food business is exempt from some parts of the Food Standards Code (Chapter 3)
  and
• you've outlined how you can meet these exemption(s) in your DA.

We may also do regular inspections of your premises after you start to operate your food business. This will help ensure our community's health and safety.

You will need to notify Council of your home-based food business. This will help ensure you maintain your responsibility to sell safe and suitable food.

To notify us of your business, complete our form and submit it to Council:

• Notification of Food Business (1.1 MB)
• E: Council

If your home-based food business is only going to sell food direct to other businesses, you'll also need to notify the NSW Food Authority of your business. Examples of these businesses include cafes, restaurants and supermarkets:

• Notify the NSW Food Authority of your home-based food business

• The role of a Food Safety Supervisor (FSS) is to minimise the risk of customers becoming ill from food-borne illnesses due to incorrect handling and preparation of food.
• You may need to appoint a Food Safety Supervisor if you handle and sell:
  • ready-to-eat food
  • potentially hazardous food (requires temperature control)
  • food that is not sold in the supplier’s original packaging.
• If you own a small business, you may want to be the FSS.
• Food businesses that hold a NSW Food Authority Licence do not need to appoint a FSS.
• Find out how to follow Food Safety Supervisor requirements in the 'FSS Guideline'.

More information

• Find out how you can do FSS training
• FFS approved training providers

• You'll need to meet the standards for flooring in kitchens and storerooms, and requirements for personal hygiene areas, eg hand washing facilities.
• AS 4674-2004 - Design, Construction and Fit-out of Food Premises provides criteria on design, construction and fit-out to help you meet the Australian Food Standards Code 3.2.3 for alterations to existing buildings.

Food businesses based at home must meet the same food safety requirements as other retail food businesses. This includes meeting the requirements of the Food Standards Code:

• Part 1.2 - Labelling and other information requirements
• Standard 3.2.3 - Food premises and equipment
• Standard 3.2.2A – Food safety management tools
• Standard 3.2.2 - Food safety practices and general requirements

You must keep your food premises in a clean condition. Ensure you:

• clean and sanitise all food contact surfaces, including fixtures, fittings and equipment
• clean and sanitise eating and drinking utensils
• store garbage and recycled matter in appropriate containers.

Cleaning and sanitising are two important processes that help:

• prevent the growth and spread of organisms that cause food poisoning
• reduce pest activity.

The NSW Food Authority offers a free, non-accredited, online training course, Food Handler Basics. The course covers the basic knowledge requirements for food handlers.

You don't need to do this training, but it is one way your business can meet its obligations under the Food Standards Code.

• Find out which food safety management tools apply to your business

Labels of packaged foods must show:

• name and/or description of the food
• identification of the ‘lot’ number
• name and Australian street address of the manufacturer or supplier
• the list of ingredients
• ‘best before’ or ‘use-by’ date, as appropriate
• batch numbering for traceability
• a nutrition information panel (unless exempt)
• the country of origin of the product and its ingredients
• warning and advisory statements and declarations
• any other requirements of the Food Standards Code.

More information

• NSW Food Authority: Labelling - general requirements

Keep batch records of ingredients so these can be traced if an ingredient is recalled by another producer.