Food safety

Food poisoning affects approximately 4.1 million Australians each year and is usually caused by food eaten outside the home. The City of Canada Bay is committed to improving and maintaining food safety throughout the area.

Food businesses

If you operate a food business, you are responsible for ensuring that food prepared by you doesn't cause food poisoning. The City of Canada Bay will routinely inspect your business to ensure you comply with the legislation. The City of Canada Bay will also provide you with assistance and advice to help you and your business meet the highest food safety standards possible. City of Canada Bay's Food Safety Surveillance Strategy outlines how we undertake inspections and how we will monitor food safety across Canada Bay.

Notification of your food business

Under the Food Act 2003, all retail business that sell food must notify Council of their business. Notification allows government food agencies to assess food handling risks and maintain a relationship with food businesses including inspections for higher risk businesses. Failure to notify your temporary food stall to Council may incur a Penalty Infringement Notice of $440 for and individual or $880 for a company. To notify your business to Council, please complete the business registration form and email to council@canadabay.nsw.gov.au.  

Fees

The fees collected by City of Canada Bay directly fund all of our food safety activities, including inspections, food safety seminars, educational material, newsletters and a number of other initiatives available only to City of Canada Bay businesses.  

Fees are charged annually and the amount is dependent on the type of business. Current fees and charges can be viewed in Council's Fees and Charges.

Categories

All food businesses are categorised using the Food Standards Australia New Zealand (FSANZ) classification scheme which is endorsed by the NSW Food Authority. The scheme categorises businesses based on the type of food sold. For more information about the scheme please view FSANZ classification scheme.

The category will determine how often a business is inspected and the annual fee. The four categories are:

• Level 0: Only inspected as a result of a complaint or food recall 
• Level 1 and 2: Inspected once per year 
• Level 3: Inspected twice per year

For consumers

When out and about, it is reassuring to know that City of Canada Bay routinely inspects all food businesses. If you do notice something that isn’t quite right when eating out, or you believe you have suffered food poisoning, contact Council by lodging a food safety complaint/enquiry. 

Lodge a food safety complaint/enquiry with the City of Canada Bay

Complaint and enquiries are important to the City of Canada Bay as it assists in the regulation of food businesses and in directing the content of future educational programs. City of Canada Bay investigates general complaints about food businesses relating to foreign matter in food, dirty premises, poor hygiene and single case food poisoning incidents. Complaints and enquiries can be lodged via the following methods:

• Post: Locked Bag 1470, Drummoyne NSW 1470
• Phone
• Email
• Online: eRequest

Complaints involving food poisoning

If your complaint is in regards to food poisoning you must have the following information available:

• The nature, time and location of the incident.
• Details of the restaurant, function or event where you believe you consumed the contaminated food, including full street address.
• If anyone has become ill, their symptoms and when they started to become ill.
• What they ate at the suspected meal and what others ate as well, including dips and sauces.
• If there is any left over food that could be tested if an officer determines this is warranted.
• If you have seen a doctor and a stool sample has confirmed food poisoning.   

NSW Food Authority online complaints

If your complaint or enquiry relates to a butcher, allergens, manufactured product, manufacturer or wholesaler, or is a food poisoning incident affecting two or more people from a different household, please contact the NSW Food Authority.

Forms

• Business Registration Form.

Factsheets

• Cleaning and Sanitising Your Food Business
• Personal Hygiene for Food Handlers
• Temperature Control of Hazardous Foods
• Delicatessen Information
• Food Labelling Requirements
• 2 hour/4 hour Rule (NSW Food Authority)
• NSW Food Authority Factsheets and Translated Materials
• Sanitising at Childcare Centres
• Food Safety Training Template.

Guidelines & Legislation

• Guideline to Food Safety Supervisor Requirements
• Food Safety Guidelines for the Preparation and Display of Sushi
• Food Premises Australian Standards Summary Fact Sheet - Design, Construction and Fit out
• NSW Food Act 2003
• NSW Food Regulation 2015
• Australia and New Zealand Food Standards Code (FSANZ)
• Standards Australia 
• NSW Food Authority.

New laws for food businesses under Standard 3.2.2A

Recent changes to the Food Standards Code have introduced new requirements for all businesses that prepare and serve food in NSW.

Food Safety Standards 3.2.2A - Food Safety Management Tools will come into effect from 8th December 2023.

 

How do these changes affect by food business? 

The new requirements will differ depending on your business. The requirements are split into two categories: 

Category 1: Food businesses that process unpackaged, potentially hazardous food (PHF) and serve it ready-to-eat. 

Category 2: Food businesses that only slice, weigh, repack, reheat or hot-hold PHF they have not made themselves (eg: slicing fruit or reheating meals provided by a caterer) 

 

The new requirements 

Requirements	Category 1	Category 2
Have a qualified onsite Food Safety Supervisor	required	required
Ensure all food handlers are trained in food safety and hygiene	required	required
Be able to show their food is safe	required	N/A

 

These changes affect most retail and hospitality food businesses, as well as school canteens, childcare, and OOSH services, charities and not-for-profits that regularly sell food, delis, supermarkets, coffee vendors and correctional centres.  

See the NSW Food Authority website for more information: 

• Standard 3.2.2A online quiz for food businesses
• Standard 3.2.2A - Frequently asked questions 
• Food Safety Supervisors 
• Free Food Handler Basics training 
• Show food is safe 

 

What is Scores on Doors?

Scores on Doors is a system that rates local food businesses according to their compliance with food safety legislation. The scoring system, as implemented by Councils in conjunction with the NSW Food Authority, is based on the requirements of food safety laws and the risks to food borne illness. 

City of Canada Bay commenced the Scores on Doors program on 1 July 2015.

Implementation of the Scores on Doors program across the City of Canada Bay:

• Consumers can make informed choices about the places they purchase food
• Food businesses can showcase their commitment to food safety
• Promotes competition among businesses
• Encourages businesses to improve current food handling practices onsite
• Helps reduce the incidence of food borne illness.  

How does it work?

Council’s Environmental Health Officers regularly inspect local food businesses to ensure their continued compliance with food safety legislation. At the time of inspection, eligible businesses will be given a score dependent on their level of compliance. 

Depending on their score, businesses will receive a certificate with either a five-star, four-star, or a three-star rating, which the business can choose to display or not. Businesses that are non-compliant with food safety legislation or are not eligible to participate in the program will NOT receive a certificate. Businesses will receive a new score and new certificate as required after each routine food safety inspection. 

What do the star ratings mean?

Certificates are issued to businesses found to have no critical food safety breaches at their most recent food safety inspection.

For further information about each rating please see the image below.

What businesses are eligible to participate?

Scores on Doors is open to eligible retail food businesses operating within participating council areas. The Scores on Doors program is designed for retail food businesses that process and sell food in NSW that is ready-to-eat, potentially hazardous (i.e. requires temperature control), and for immediate consumption. Premises include:

• Restaurants
• Takeaways 
• Cafes 
• Pub bistros 
• Bakeries 
• Hotels
• Clubs.

Scores on Doors is not intended for:

• Supermarkets
• Delicatessens or greengrocers 
• Low risk food premises or businesses that serve pre-packaged food, such as petrol service stations and convenience stores
• Temporary markets or mobile food vending vehicles
• Retail food businesses that hold a NSW Food Authority license and are separately audited, such as butchers.

Does the program require additional fees/charges?

No. Businesses will not be charged any additional fees.

As a consumer how do I know what score businesses have received?

Eligible businesses who receive a certificate are encouraged to display their certificate in a prominent position, usually in the front window, door or inside. As a consumer, it is good practice to look out for certificates on display to assist you in making informed choices about the places you purchase food.

How can my business get five stars?

Every business has the potential to earn five stars. The following steps can assist you to get the best score possible:

1. Food inspection assessment report 
   This report will take you to a similar copy of the Food Premises Assessment Report (FPAR) that will be used by Council officers on your routine food safety inspection. 
2. Address common issues
   Review past inspection reports to identify problem areas and any outstanding works. To further help you get a high star rating please see the following guide outlining the five most common issues found in food businesses by Council officers on inspection. 
3. Scores on Doors checklist 
   Please view the attached checklist developed to prepare your business for the next routine food safety inspection. It is recommended each business takes the time to review the criteria and ensure all areas are addressed to assist in achieving a high star rating.

Further information

For further information please contact Council's Environmental Health Team on 9911 6555 or follow the links below to the NSW Food Authority website.

• Scores on Doors checklist
• Guide for Business
• Consumer Guide

Resources in other languages

For translated materials please visit the NSW Food Authority resources webpage.

This page outlines the requirements when opening a food business within City of Canada Bay. Knowing and understanding the requirements now will ensure that you avoid unnecessary challenges later.  

Legislation

Food businesses within NSW must comply with the following legislation and standards:

• NSW Food Act, 2003 – Legislation that covers all food businesses within NSW
• NSW Food Regulation, 2015 – Legislation that covers all food businesses within NSW
• Food Standards Australia New Zealand - Food Standards Code - The standards that all Australian food businesses must meet whilst in business.  

Building or modifying a food premises

If you are building a new food premises or plan to make changes to an existing kitchen, it is recommended that you contact City of Canada Bay's duty town planner and environmental health officer to discuss your proposal. You must also ensure that your design and construction meets the Australian Standard AS4674-2004 - Design, Construction and Fit out of Food Premises. This standard applies to all new food premises constructed in Australia. A copy of Australian Standard 4674-2004 is available at a cost from Standards Australia.

For further information regarding opening a food business, see ‘Opening a Food Business’.

Registration of a new food business

Before opening your business, under the Food Act 2003, you are required to register with the City of Canada Bay by downloading, completing  and returning the business registration form to council@canadabay.nsw.gov.au.

Failure to register your food business may result in a penalty infringement notice of $440 for an individual and $880 for a corporation. 

Food final inspection

A food final inspection may be required as a condition of your development application approval or alternately you may want Council Environmental Health Officer to inspect your premises before you begin operating to avoid any issues at your first routine inspection.  

At the food final inspection, the following is required: 

• All hand wash basins are operational with warm water, liquid soap and paper towels
• Food safe sanitiser is available onsite
• Pest control contract information is available
• If applicable, mechanical ventilation certificate is available
• A digital probe thermometer is available onsite
• Cold/hot displays are operational

To arrange a food final inspection, please contact Council's Customer Service on 9911 6555. 

Home occupation

Under the City of Canada Bay's Local Environmental Plan (LEP) food businesses including the preparation and sale of any food for sale as defined by the Food Act 2003 are not permitted as a home business.

Fact Sheets

• Pre-Occupation Inspection - Food Premises
• Design, Construction & Fit Out of Food Premises
• Development Application - Food Premises

Mobile/itinerant vehicles

A food vending vehicle includes any vehicle, whether mobile or stationary, used for the purpose of selling any article of food to the public. There are a number of requirements you must be aware of which are outlined in City of Canada Bay's Itinerant Mobile Food Vending Vehicles Policy.   

Under this policy a mobile/itinerant vehicle can only stop in one location for a maximum of 15 minutes before having to move on to the next location. The policy also has areas that are prohibited from trade of mobile/itinerant mobile vehicles.

Council issues a 12 month approval for a mobile/itinerant mobile vehicle. The Itinerant Mobile Food Vending Vehicle registration form must be completed and submitted to Council for approval.

Itinerant food vendors – application procedure

To operate a mobile food vending vehicle itinerantly (i.e. driving from place to place selling food to customers) within the City of Canada Bay you must have a valid approval to operate.

To apply for an approval to operate you will need to complete and return Council’s Itinerant Mobile Food Vending Vehicle application form together with the applicable fee.

Once Council has received your registration form, Council’s Environmental Health Team will contact you to arrange for an inspection of your vehicle.

Please note, an approval to operate will not be issued until:

•  Your vehicle has been inspected by Council’s Environmental Health Team
•  The result of the inspection is satisfactory.

Approvals are valid for 12 months from the date of issue.

A copy of your approval must be available for inspection at all times your vehicle is in operation within the City of Canada Bay local government area.

Food Trucks

 Food trucks are currently not permitted in the City of Canada Bay.

More information

• Itinerant Mobile Food Vending Vehicles Policy
• Itinerant Mobile Food Vending Vehicle Registration

If you run a food business, you are responsible for ensuring that the food sold from your business is safe. One way of ensuring safety is to train your staff.

Food Safety Supervisor

The Food Act 2003 requires that most NSW food businesses have at least one Food Safety Supervisor (FSS). A Food Safety Supervisor is a person who works at your food business that has undergone formal training as outlined by the NSW Food Authority. Refer to the Food Safety Supervisor Guideline for further information.

The importance of a Food Safety Supervisor

The role of a Food Safety Supervisor (FSS) is to prevent individuals from becoming ill from food poisoning as a result of incorrect handling and preparation of food.

Statistics show that incorrect food handling practices in retail food businesses account for more than one-third of foodborne illness outbreaks in NSW, costing the community hundreds of millions of dollars each year in healthcare and lost revenue.

Appointing an FSS gives food businesses a better level of onsite protection for food safety and gives consumers peace-of-mind when dining out or buying food in NSW.

Businesses affected

The FSS requirement applies to retail businesses who process and sell food (prepare and serve) that is:

• Ready-to-eat
• Potentially hazardous (i.e. needs temperature control)
• NOT sold and served in the supplier's original package.

Examples of businesses* include restaurants, cafés, takeaway shops, caterers, bakeries, pubs, clubs, hotels and supermarket hot food sales.

*Note: This is not a comprehensive list. Other businesses that serve food that meet the above criteria and provide accommodation, service or entertainment where there is an inclusive charge which covers the food supplied, would also fall under the FSS legislation. For example, B&Bs, motels, hotels and entertainment venues.

For detailed information please visit the NSW Food Authority.

Where to go for training

To become a FSS, you must complete formal training at an approved training organisation. A list of approved training organisations (RTOs) can be found on the NSW Food Authority - RTOs webpage.

How to get a certificate

Once training is completed, a Food Safety Supervisor Certificate is issued by the RTO and is valid for five years. The FSS certificate must be the certificate provided by the NSW Food Authority.

What to do with the certificate

A copy of the FSS certificate must be:

1. Supplied to City of Canada Bay along with the FSS Notification Form.
2. Kept at the food business and available upon request at anytime.  

Penalties for failure to comply

Penalties of up to $880 can be issued where a food business fails to meet the following requirements:

From 1 September 2015 to be certified as an FSS for a food premise in NSW and issued a valid certificate, a person must attain required units of competency from an approved RTO under the FSS program.

The units of competency must incorporate three key focus areas determined by the Food Authority and published on its website:

1. Safe egg handling
2. Allergen management
3. Cleaning and sanitising practices.

For more information see the required units of competency below.

Food Safety Supervisor recertification training

FSS certificates expire five years from the date of issue.

Food businesses that have an appointed FSS whose FSS certificate is due to expire will need to enrol their FSS in recertification training with an RTO approved under the FSS program.

Under certain circumstances, the RTO can take into account the applicant’s prior learning, while still providing training in the three key focus areas.

When an FSS holder’s certification expires, a food business has 30 days to ensure:

1. The FSS renews their training within 30 working days
2. Another FSS with a current qualification is appointed.

Units of competency

Each appointed FSS needs to be trained in certain nationally recognised units of competency plus key focus areas as determined by the Food Authority and hold an FSS certificate.

From 1 September 2015, in addition to obtaining the current units of competency, a person must be trained in the key focus areas outlined in the table below:

 

Food business	Current unit of competency code	Current unit of competency name		Key focus areas
Hospitality and retail food service	SITXFSA101	Use hygienic practices for food safety	Plus	Allergen management
				Cleaning & sanitising
				Safe egg handling
	SITXFSA201	Participate in safe food handling practices
	or
	SIRRFSA001A	Apply retail food safety practices	Plus	Allergen management
				Cleaning & sanitising
				Safe egg handling

 

Note:

• The legislation requires FSS training every five years
• RTOs can offer the key focus areas as separate learning modules or incorporate them into their existing materials.

Exempt Businesses

The FSS requirement does not apply to businesses licensed by the NSW Food Authority, nor does it apply to:

• Coffee vendors that only heat milk
• Not-for-profit community and charitable causes
• School canteens (primary or secondary)
• Boarding schools
• Children's service (childcare centres)
• Out of school hours care services
• Correctional centres
• Supermarkets (if heated food is not sold)
• Food business premises that only do one or more of the following activities:
  • Slice fermented meats or smallgoods, or both
  • Slice or portion cheese, or both
  • Process raw seafood
  • Slice or portion fruit or vegetables, or both.

Additional Material

• Skills and Knowledge for Food Businesses
• Food Safety Training Template

Food Safety Supervisor Guideline:

لعربية (Arabic)	دليل إرشادي لمتطلبات مشرف سلامة الأطعمة متطلبات مشرف سلامة الأطعمة القانون الجديد حيز التنفيذ
中文 (Chinese simplified)	食品安全 监督员要求指引
中文 (Chinese traditional)	食品安全監督員要求指引
日本語 (Japanese)	食品安全監督者 のガイドライン
한국어 (Korean)	식품 안전 감독관 요건에 관한 안내문
ไทย (Thai)	คู่มือข้อบังคับเรื่องผู้ดูแลความปลอดภัยด้านอาหาร
Türkçe (Turkish)	Gıda Güvenliği Denetçiliğiyle ilgili Gereklilikler Rehberi
Tiếng Việt (Vietnamese)	Hướng Dẫn về Những Đòi Hỏi đối với Giám Sát Viên về An Toàn Thực Phẩm

There have been numerous food poisoning outbreaks which have been linked to the consumption of food containing ingredients of raw eggs or lightly cooked eggs and from cross contamination of handling eggs.

Examples of products containing raw eggs include:

• Homemade sauces – mayonnaise, aioli and egg butter
• Uncooked desserts – mousse, tiramisu, cheesecakes and fried ice cream
• Drinks – eggnog, egg flips, smoothies.

Who is affected by food poisoning?

Anyone ingesting contaminated food products are affected, however immune compromised people such as the elderly, children, pregnant women and people who have depressed immune systems are most at risk, as it can be fatal.

Why raw eggs cause food poisoning?

Eggs can get contaminated due to bacteria within the hen's ovary or oviduct before the shell forms around the yolk and egg white.  

When eggs are hatched, traces of bacteria, namely salmonella, from dirt, chicken feathers & faeces maybe left on the outer surfaces of the egg. In addition to this, eggs may have hair line cracks which are difficult to see and are invisible to the naked eye.   

The egg shell is porous and bacteria from the exterior of the shell can penetrate through to the inside where it grows and multiply as there is moisture and nutrients from the yolk.  For these reasons it is important to do visual checks on the eggs that are used to ensure dirty and cracked eggs are discarded rather than being washed.   

Environmental factors, such as temperature and where and how eggs are stored, assist in the growth of the bacteria. During summertime, in high temperatures, cases of foodborne illness caused by salmonella peaks as it provides optimal temperature for bacterial growth. As it gets hot, eggs tend to sweat increasing the moisture on the surface and allowing bacteria to seep through. This is why it is important to store eggs in the refrigerator because cold temperatures slow down the growth of bacteria.  

Essentially the eggs come into your premises contaminated and as the eggs are used raw, the salmonella transfers to your food. Food products containing raw eggs that do not go through a further cooking process to kill bacteria is high risk for foodborne illness.

Therefore, it is important to have good food handling skills, thorough cleaning and sanitising processes, adequate temperature control is essential to assist in the prevention of the spread of salmonella.

Always remember to:

• Only purchase eggs from reputable suppliers, with date stamps on them
• Do not accept any dirty or cracked eggs from supplier
• Always do visible checks on eggs before use, discarding cracked or dirty ones
• Don't wash eggs because you remove the protective mineral oil coating and increase the potential for bacteria on the shell to enter the egg

Safer Alternatives to the use of raw egg

Business are encouraged to use the following safer alternatives to the use of raw egg in foods which are not fully cooked: 

• Use pasteurised eggs
• Use ready-made commercial products such as mayonnaise
• Use alterative ingredients

For further information regarding safe preparation of raw egg products, please visit the following:

• Food Safety Guidelines for the Preparation of Raw Egg Products NSW Food Authority
• Safe preparation of raw egg  NSW Food Authority
• Raw Egg Products Fact Sheet

What is a temporary event?

A temporary event is any occasion which is of limited duration or periodic in nature and where food is sold to consumers from a temporary structure or vehicle. Examples include fairs, festivals, markets and shows.

What is a temporary food stall?

A temporary food stall is a temporarily positioned facility used for the sale of any article of food to the public. There are a number of requirements you must be aware of, which are outlined in City of Canada Bay’s Food Handling at Temporary Events Policy.

Obligations on selling food

A person handling or selling food or operating stalls used for selling food for human consumption, including drinks, produce, fruit and vegetables or pre-packaged food, is deemed to be a ‘food business’. This includes not-for-profit operations.

A food business is required to sell safe and suitable food in accordance with the NSW Food Act 2003 (the Act), which also mandates compliance with the national Food Standards Code (the Code). Of particular relevance for temporary events are parts 1.2 (labelling) and 3.1.1, 3.2.2 and 3.2.3 (food safety standards) of the Code, which can be accessed at foodstandards.gov.au. 

Failure to comply with the requirements may lead to enforcement action. Depending on the food safety risk identified, this action may include a warning letter, improvement notice, penalty notice, seizure, prohibition or prosecution.

Notification of temporary food stalls

Under the Food Act all temporary food stalls that sell food in NSW must officially notify Council of their food business details.

Notification allows government food agencies to assess food handling risks and maintain a relationship with food businesses including inspections for higher risk businesses.

Failure to notify your temporary food stall to Council may incur a Penalty Infringement Notice of $440 for and individual or $880 for a company.

Exemptions from notification under the Food Act

Some businesses are exempt from notification:

• Not-for-profit community or fundraising events where the food sold is either - 
  (a) not potentially hazardous ie. does not need temperature control, or 
  (b) to be consumed immediately after thorough cooking
• Businesses that hold a Food Authority licence
• Primary production food businesses such as farms other than dairy, egg or poultry meat farms, fishing or shellfish production – these are not exempt and need a Food Authority licence.

Requirements for temporary food stalls

All premises, including temporary food premises that sell food, are required to comply with the Food Act 2003, the Food Regulation and the Food Safety Standards. Requirements under Food Act, Regulation and Safety Standards for the operation of temporary food stalls.

• Temporary food stall fact sheet
• Temporary food stall checklist

Operators of temporary food stalls also need to practice safe food handling including:

• Storing potentially hazardous foods at the correct temperature
• Avoiding cross contamination
• Storing raw food separately from ready to eat food
• Keeping food handling areas clean
• Ensuring food handlers have the appropriate food safety skills and knowledge
• Not handling food when ill
• Practicing effective hand washing
• Checking that packaged food is appropriately labelled.

Information on what is required is available in the Guidelines for Food Businesses at Temporary Events document available from the NSW Food Authority based on the requirements in the Food Standards Code.  

Food Safety Supervisor

Under the NSW Food Act 2003, most food businesses require a Food Safety Supervisor. The Food Safety Supervisor requirement applies to itinerant food vehicles who process and sell food (prepare and serve) that is:

• Ready-to-eat
• Potentially hazardous (i.e. needs temperature control)
• Not sold and served in the supplier's original package.

A copy of the Food Safety Supervisor must be submitted with the Event Booking Form and the FSS must onsite during the event. For more information please visit NSW Food Authority's Food Safety Supervisors webpage.

Note: Charities and community groups which do not derive funds for personal financial gain, but direct any profits back to the community (e.g. local sports clubs, Lions and Rotary clubs) are not required to have a Food Safety Supervisor. 

Applying for a temporary food event

The regulation of Temporary Food Stalls is under the Local Government  Act 1993 and the Food Act 2003. Under the Local Government Act 1993 a Section 68 approval is required to permit the sale of food on public land. Under the Food Act 2003, a food business (including temporary food stalls) must notify Council of their business before the commencement of trading.

This application form must be submitted and fees paid in full at least fourteen (14) days prior to the event.

In accordance with conditions of approval and the requirement under the Food Act 2003, completed ‘Temporary Food Event (Public Land) Food Vendor Registration Form/s’ must be provided to Council by the nominated event organiser at least fourteen (14) days prior to the event.

Applying for approval

Temporary food events on public land

All temporary food events require the prior approval of Council if held on public land. In accordance with conditions of approval, completed forms  must be provided to Council by the nominated event organiser at least fourteen (14) days prior to the event:

Temporary events involving the sale of food - application procedure

Each event must nominate an event organiser who is the primary contact in relation to the event. The roles and responsibilities of the Event Organiser are outlined in City of Canada Bay’s Event Organiser Guidelines.

1. As required by the legislation, the event organiser must apply to Council for a Section 68 approval to permit the sale of food on public land by completing the Section 68 Local Government Approval Temporary Food Event ( Public Land) Application Form. Complete and return the form together with applicable fees.
2. Once completed Council will review your application and determine whether approval is granted.  
3. Where approval is granted you will receive an  approval letter outlining the conditions of the approval. A copy of this approval letter is to be available on the day of event. 
4. Once this application has been approved, a condition of approval requires the event organiser ensure all food vendors complete and return Council’s ‘Temporary Food Event Food Notification Form’ to the nominated event organiser. Once all forms are received, it is up to the event organiser to submit the forms to Council for registration. Completed registration forms must be returned to Council at least 14 days prior to the date of the scheduled event.

Temporary events on private land

Temporary events held on private land do not require approval under section 68 of the Local Government Act 1993.

However in accordance with the NSW Food Act 2003 temporary food vendors must notify Council of their business prior to the commencement of trade within their corresponding local government area.

Food vendors found to be operating without notifying Council may be subject to penalties.

To notify your temporary food business pleases complete and return City of Canada Bay’s ‘Temporary Food Event Food Notification Form’ at least 14 days prior to the scheduled event.

Temporary Food Event Food Notification form 

Food stalls on Council footpaths

Food Stalls are not permitted to be set up on Council's footpaths.

Related information

• Food Handling at Temporary Events Policy
• Temporary Food Events Event Organisers Guidelines
• Temporary food stall fact sheet
• Temporary food stall checklist
• Temporary Food Event (Public Land) application form - Section 68 LG Approval
• Temporary Food Event Public Land Application Form - Section 68 LG Approval CHS Bilingual
• Temporary food event notification form

Market on public land

As required by the legislation, the event organiser must apply to Council for a Section 68 approval to permit the sale of food on public land by completing the Section 68 Local Government Approval Temporary Food Event (Public Land) application form. 

Once this application has been approved, each food handler must complete the Temporary Food Event Food Notification form that must be returned to the event organiser and submitted to Council.  

Markets on private land

Each food stall must complete the Temporary Food Event Food Notification form that must be returned to the event organiser and submitted to Council.  

School fetes

The organiser of the school fete must provide a Temporary Food Event Food Notification form that must be completed by each food stall holder, returned to the fete organiser and submitted to Council.

Food stalls at fetes that raise funds solely for community or charitable causes and not for personal financial gain, and at which all the food sold is not potentially hazardous or is to be consumed immediately after thorough cooking are exempt from submitting a Food Notification Form for their specific stalls.

Sporting grounds and canteens

Where is is proposed to have temporary food stalls at a Council sports ground, the event organiser must apply to Council for a Section 68 approval to permit the sale of food on public land by completing the Section 68 Local Government Approval Temporary Food Event ( Public Land) application form. 

Once this application has been approved, each food stall must complete the Temporary Food Event Food Notification form that must be returned to the event organiser and submitted to Council.

Some businesses are exempt from notification:

• Not-for-profit community or fundraising events where the food sold is either:
  • Not potentially hazardous ie does not need temperature control
  • To be consumed immediately after thorough cooking.

Canteens including a BBQ

Under the Food Act, canteen operators that sell food in NSW must officially notify Council of their food business details. Some businesses are exempt from notification:

• not-for-profit community or fundraising events where the food sold is either:
  • Not potentially hazardous i.e. does not need temperature control
  • To be consumed immediately after thorough cooking.

The operator of the canteen must complete the Temporary Food Event Food Notification form that must be completed and submitted to Council.

Charities and community groups are those which do not derive funds for personal financial gain, but direct any profits back to the community (e.g. local sports clubs, Lions and Rotary clubs).

The Food Act 2003 (NSW) and Food Standards Code apply to all food businesses including those selling food for charity or community purposes. It is always an offence to sell food that is unsafe or unsuitable. Charities and community groups are exempt from some requirements.

Anyone who sells food at a fundraising event for community or charitable causes is not required to notify the local Council (as required by food laws), unless selling food that:

• Could pose a health risk, that is, it's potentially hazardous food such as any food that needs to be kept hot or under refrigeration to be safe.
• Is not thoroughly cooked and eaten immediately.

Examples of food not requiring notification (as required by food laws) include:

• School fetes where the proceeds are donated to a charitable organisation or the school.
• A lamington drive to raise money for the victims of a natural disaster.
• Selling chocolates to raise money for the Red Cross.

Even though not required by food laws, there are other reasons to contact the local Council and let it know the fundraising event is happening.

Food Safety Supervisor requirements do not apply.   

Some labelling requirements do not apply; however it is a requirement to provide information to customers on request about these allergenic ingredients:   

• Cereals containing gluten
• Crustacean and their products
• Fish and fish products
• Egg and egg products
• Milk and milk products
• Peanuts and peanut products
• Sesame seeds and sesame seed products
• Soybean and soybean products
• Tree nuts and tree nut products.  

Maintaining food safety for those who will eat the food is still very important. Keeping food safe can be quick and easy. Food safety is vitally important to maintaining good health.  

The following key tips are the golden rules for keeping food safe:

Keep it cold	The fridge below 5ºC Put any food that needs to be kept cold in the fridge straight away Don't eat food that’s meant to be in the fridge if it’s been left out for two hours or more Defrost and marinate foods in the fridge, especially meats Shop with a cooler bag, picnic with an esky.
Keep it clean	Wash and dry hands thoroughly before starting to prepare or eat any food, even a snack Keep benches, kitchen equipment and tableware clean and dry Don't let raw meat juices drip onto other foods Separate raw and cooked food and use different cutting boards and knives for both Avoid making food for others if sick with an illness like diarrhoea
Keep it hot	Cook foods to at least 60ºC, hotter for specific foods  Reheat foods to at least 60ºC, until they're steaming hot Make sure there's no pink left in cooked meats such as mince or sausages Look for clear juices before serving chicken Heat to boiling all marinades containing raw meat juices before serving.
Check the label	Don’t eat food past a 'use-by' date Note a 'best before' date Follow storage and cooking instructions Be allergy aware Ask for information about unpackaged foods