Food Businesses

Starting a New Food Business

Businesses wishing to sell or handle food must register as a food business in the Shire of Esperance.

• Ensure you have the necessary planning and building approvals before applying for registration.
• The Shire’s Fit-Out or Construction of Food Business Guide to establish safe and hygienic food premises.
• To register, submit a Food Business Registration / Notification form to the Shire. Click the link below: 

Food Business Registration / Notification

Buying an Existing Food Business

• If you are buying an existing food business, submit a Change to a Food Business form with applicable fees upon closing or before settlement. Include any changes to the menu, layout, food-related equipment, food vehicles operators.
• Obtain necessary approvals if you plan to make changes to the building, as these may require planning, building, and health approvals.
• After submitting the form, health services will inspect the premises and issue a certificate of registration, which must be displayed.
• Provide food safety training certificates for new staff.

Exempted Food Businesses

The Food Act 2008 exempts certain food businesses from registration requirements. These exemptions, outlined in the Food Regulations 2009, include businesses that:

• Operate solely for charitable or community purposes and prepare non-hazardous food or food served immediately after cooking.
• Sell certain packaged foods.
• Provide complimentary drinks with another business.
• Are involved in the primary production and sale of unprocessed fruits and vegetables.
• Are part of premises registered under the Commonwealth Export Control Act 1982.

If the business doesn't need to Register as a food business, it will still need to notify the Shire of their intention to operate and provide food by completing a Food Business Registration / Notification or a Temporary Food Premises Permit application. 

Fees apply. 

Additional reading:

Exempted Food Businesses

Registration of a Food Business

Food Safety Training

• All food handlers must demonstrate appropriate skills and knowledge for their role.
• The FoodSafe Online program is available for free through the Shire. This self-paced online tool helps train staff to meet hygiene standards.
• Use the discount voucher FSESPER326 on the payment details page to apply a $35 discount. Complete the transaction and follow the instructions to register and start the course.
• A printable certificate is available upon successful completion which can be submitted with your food registration application.
• To access the program, click the link below and follow the prompts to Environmental Health Australia.

To access the program please click the below link and follow the prompts. You will be redirected to the Environmental Health Australia website as the provider of the program:

FoodSafe

• FoodSafe is also available for purchase as a hard copy.
• The program is available in Cantonese, Mandarin, Vietnamese, Indonesian, Malay, and Thai.

FoodSafe Products

Food Safety Management Tools for Food Business

A new standard, Standard 3.2.2A – Food Safety Management Tools, has been introduced across Australia to improve food safety in the food service, retail, and catering industries.

• This standard provides tools to help businesses manage food safety risks more effectively, preventing foodborne illnesses, outbreaks, loss of revenue, and reputational damage.
• The new standard was enforced nationwide from December 8, 2023.

Food safety management tools - Guide for food businesses on Food Safety Standard 3.2.2A.

Department of Health – Food safety management tools for food businesses.

Temporary Food Stalls

Temporary food stall holders wishing to trade at approved events or markets within the Shire of Esperance require approval from Environmental Health Services. The process for gaining approval for your temporary food stall is as below:

• Contact the event organiser to confirm that they will permit you to trade at their event/market;
• If you are a community group, submit a Temporary Food Premises Permit application form;
• If your van or stall food business is already a registered food business with the Shire of Esperance, you do not need further approval, however, the event organiser may have other requirements, for example, public liability insurance;
• If you are an approved food business in Esperance wishing to trade at another location than your approved location, you will need to submit a Temporary Food Premises Permit application for the event;
• If your food business is registered in another local government, please complete the Temporary Food Premises Permit application and pay the applicable fee;
• If you are not registered as a food business, please see the section above entitled "Starting a New Food Business";
• If you want to sell unprocessed fruits and vegetables you only need to notify the Shire, please see the following information sheet outlining minimum standard requirements.
• All temporary food stalls are required to conform to the following standards set out in the Food Act 2008. Markets and events are regularly inspected by Environmental Health Officers, who will check for compliance with these minimum standards.

Minimum Standards for the Operation of a Temporary Food Stall.

Food Hygiene

• Disposable eating and drinking utensils are to be used;
• All food and food containers are to be stored above the ground;
• A physical barrier is to be provided by means of sneeze guards;
• All condiments (sauce, mustard, etc) are to be contained in individually sealed packs or squeeze-type dispensers;
• All disposable eating utensils are to be pre-wrapped in paper napkins or cellophane bags;
• Drinking straws, paper cups, spoons etc, are to be either enclosed in suitable dispensers or protected from contamination and
• Tables/trestles are to be covered with clean cloths or paper.

Cooking

• All cooking appliances must be located within the stall, protected from contamination, and out of public reach.
• Food should always be protected from contamination and must not be displayed outside the stall.
• The cooking area must be kept free from dust-borne contamination and droplet infection (e.g., coughing or sneezing by the public).
• A fire extinguisher must be provided in every stall where open flame cooking occurs.
• Stall walls should be protected from heat, flame, and splashing in cooking areas.
• Raw food must be kept separate from cooked food.

Food Temperature Control

• All takeaway food prepared at the stall must be for immediate sale and consumption, or displayed in a suitable food warmer or display that maintains the food at a temperature of at least 60ºC for hot food or below 5ºC for cold food, in accordance with the Food Act 2008.
• Pre-prepared or pre-cooked food that promotes bacterial growth must be stored under refrigerated conditions (below 5ºC) or as specified by the Food Act 2008.
• All raw and perishable foods must be stored under refrigerated conditions (below 5ºC) or as specified by the Food Act 2008.

Stall Protection

• A fire-retardant awning or marquee must be provided for the food preparation area to minimize dust and insect contamination.
• Unsealed ground should be covered with a suitable impervious material.

Washing Facilities

• Separate facilities must be provided for hand washing and utensil washing.
• The food stall must have a supply of both hot and cold water.
• Waste disposal must meet the Shire’s satisfaction.
• Each stall should be equipped with liquid soap and disposable hand towels.

Rubbish Disposal

• Refuse receptacles with lids must be provided in and near each stall.
• These receptacles should be emptied regularly throughout the day.
• The refuse bins and surrounding areas must be kept clean at all times.

Mobile Food Businesses

• Mobile food operators must adhere to the standards of the Australia New Zealand Food Code, similar to fixed premises.
• The application, approval, and registration process is identical to that of any new food business. For details, refer to the “Starting a New Food Business” section on our website.
• The Shire’s Guidelines for Operators of Mobile Food Businesses offers additional information on the fit-out and operation of a mobile food business.
• A completed Application for Trader's Permit must be submitted, and applicable fees are required.
• The Shire's Dump Point fact sheet for Mobile Food Businesses provides a map for access.

Locations

• The Shire offers six leasable areas for operating mobile food businesses or other commercial trading activities. These areas are strategically located at a suitable distance from established premises, and trading outside these designated areas is generally prohibited on Local Government land.
• Registered mobile food businesses can operate at approved events across the Shire or on private property in conjunction with an existing business. Please note that trading on private property requires planning approval.
• It is essential to confirm a suitable location before registering a mobile food business.

Family Day Care

There are excellent opportunities to start a family day care in Esperance, providing home care for up to seven children in a residential dwelling.

• To become a family day care provider, you need to register with Family Day Care WA and obtain health and planning approval from the Shire.
• If you live in a house, you could potentially offer family day care. 

If you’re interested but unsure where to start, read our information sheet or contact the Business Support Team at 9083 1799 or business@esperance.wa.gov.au

Family Day Care Information Sheet

Home-Based Food Businesses

If you’re interested in operating a food business from your residential kitchen, first ensure you have the correct planning approval. Please call the Shire and ask to speak to a Planning Officer.

• Once you confirm that planning approval is not needed or you have already received it, follow the steps in Starting a New Food Business.
• The Shire has a Food Preparation in Residential Premises Fact Sheet, which outlines the requirements and minimum standards for operating a food business from a residential kitchen.
• Your application will be assessed in accordance with Department of Health guidelines.

Food Labelling

All food businesses should understand labelling requirements.

• The Guideline to Labelling Requirements for Food summarise basic label requirements and note which foods may be exempt.
• These guidelines help you meet the Food Standards Code.
• Most packaged foods for retail sale need a label, but there are some exceptions.

Free Allergy Awareness Resources for Businesses

The Shire has a collection of resources to assist food businesses to become more allergy aware while meeting their obligations under the Food Act 2008 and the Food Standards Code: 

Food Allergen Declarations

Signs and Symptoms of an Allergic Reaction

Action Plan for Anaphylaxis

More fact sheets for food businesses are available from the Department of Health website.