Any business, enterprise or activity that handles or sells food, whether or not for profit.
Any business, enterprise or activity that handles or sells food, whether or not for profit. A food business is defined in the Australia New Zealand Food Standards Code as a business, enterprise or activity that involves the handling of food intended for sale, or the sale of food. The definition is deliberately wide. It captures the activity regardless of whether it is carried on for profit, whether it is one-off or ongoing, and whether it is a large company or a small stall, so charities, markets and community events can be food businesses. Because the definition turns on handling or selling food for sale, it brings a broad range of operators within the food safety requirements of the Code and the relevant state or territory Food Act. Those requirements include the food safety standards in Chapter 3, obligations around not selling unsafe or unsuitable food, and in most jurisdictions a duty to notify or register the business with the local enforcement agency. In practice, identifying as a food business means the operator must meet the applicable food safety standards, such as requirements for premises and equipment, cleaning and sanitising, temperature control, and the skills and knowledge of food handlers. Higher-risk businesses may also need a Food Safety Supervisor and, in some cases, a documented food safety program. Most food businesses must notify or register with their local council or state food regulator before they start trading so the business is known to enforcement officers and can be inspected. The specific classification, notification or licensing steps depend on the jurisdiction and the type of food activity involved. A group runs a weekend sausage sizzle to raise funds for a local sporting club. Because they are handling and selling food, they are operating a food business under the Code, even though it is not for profit and only runs occasionally. They notify the council as required, keep the barbecue area clean, control the temperature of the raw and cooked sausages, and ensure volunteers wash their hands.
Frequently asked questions
Does a food business have to make a profit?
No. The Code's definition covers activities whether or not they are for profit, so charities, clubs and community groups handling food for sale are food businesses.
Is a one-off market stall a food business?
Yes. The definition includes one-off activities as well as ongoing operations, so a single market stall or fundraiser handling food for sale is a food business.
What obligations does being a food business create?
It brings the operator within the food safety standards of the Code and the relevant state or territory Food Act, including duties not to sell unsafe or unsuitable food and, usually, to notify or register the business.
Do I need to register my food business?
Most jurisdictions require food businesses to notify or register with the local council or state regulator before trading. The exact process depends on where you operate and the type of food activity.
Who is responsible for a food business meeting the Code?
The food business proprietor - the person carrying on the business - carries the primary responsibility, supported by the food handlers and, where required, a Food Safety Supervisor.
