Registration of a food business

The following food businesses, charities and industry groups must register with or notify the relevant local government where the business is located.

* Registration is not required if the food business is 'exempt' as prescribed in the Food Regulation 2009. However, notification is still required. Please refer to the exemption information on this page for more details. 

For a complete list of registration, notification and enforcement activity requirements for primary production and vulnerable population food businesses refer to the Local government and Department of Health food business responsibilities table (PDF 150KB).

To register, or notify, local government

1. Contact the relevant local government Environmental Health Services (external site) for details of the registration process required by the local government and any other food safety requirements
2. Complete the local government notification/registration form and (if required) include design and fit-out specifications of the premises where food is to be handled or any other information required by the local government
3. Pay the one-off registration fee as required by the local government

After the local government considers the application for registration they will either:

• grant the application, with or without conditions, and issue a certificate of registration specifying the premises in respect of which registration is granted
• refuse the application in writing, setting out the reasons for refusal.

Temporary and mobile food businesses

• A temporary business (e.g. catering) that may only operate for a short period of time must still register with the local government where food is processed or stored and notify all other local governments where the business intends to operate.
• Mobile food van businesses may operate across multiple local government jurisdictions must register with the local government where you garage the vehicle overnight. In addition, they must notify all other local governments where the mobile food business intends to operate.

All queries regarding registration should be directed to the relevant local government Environmental Health Services (external site).

The following types of food businesses must register with the Environmental Health Directorate of the Department of Health.

All other food businesses must register with the relevant local government environmental health services.

For a complete list of registration, notification and enforcement activity requirements for primary production and vulnerable population food businesses refer to the Local government and Department of Health food business responsibilities table (PDF 150KB).

To register or notify the Department of Health, Environmental Health Directorate

1. Complete the Notification/Registration form (PDF162KB)
2. Email the form to foodsafety@health.wa.gov.au
3. Pay the one-off registration fee

After the Department of Health considers the application the Department will either:

• grant the application, with or without conditions, and issue a certificate of registration specifying the premises in respect of which registration is granted
• refuse the application in writing, setting out the reasons for refusal.

Processing times for registration

The Department of Health will assess your application and write to you within 10 working days to let you know if we need any more information.

Existing registration

If you have registered with the Department of Health and need to change or cancel the application email the foodsafety@health.wa.gov.au or contact 9222 2000

Queries

Direct phone enquiries about Department of Health registration application to the Environmental Health Directorate on 9222 2000 or email foodsafety@health.wa.gov.au

Some food businesses are exempt from having to register their business. However the operator must still notify the relevant enforcement agency; local government or the Department of Health that they intend to operate.

These include food businesses that:

• sell food to raise money for charity or a community cause, and the food is not potentially hazardous or, if it is, after cooking it is sold for immediate consumption, for example sausage sizzles, or selling soft drinks
• only sell packaged food that is not potentially hazardous (for example selling packaged confectionery)
• provide complimentary drinks in conjunction with another type of business
• are conducted at registered establishments (premises registered under the Australian Government’s Export Control Act 1982).

How does an exempt food business notify?

Contact the relevant enforcement agency (usually the local government) who will have their own notification form for you to complete. Information that is required will include:

• contact details of the food business including:
  • the name of the food business
  • the name and business address of the proprietor of the food business
• the nature of the food business e.g. what food will be provided
• the location of all food premises of the food business that are within the jurisdiction of the enforcement agency
• any other information deemed necessary by the enforcement agency
• any fee set by the enforcement agency.

What is the purpose of notification?

Notification ensures that anyone handling food intended for sale is provided with appropriate information and guidance on how to prepare food safely.

It also assists such persons in understanding their legal obligations for selling food to the public.

The notification process also ensures that enforcement agencies (e.g. the local government) are aware of all food business activities being conducted within their district, which is important for food safety surveillance and compliance activities.

Is there a fee for notification?

With the exception of food businesses conducted solely for charitable and community purposes, an enforcement agency can impose and recover a fee for notification under the Local Government Act 1995 Part 6 Division 5 Subdivision 2.

What is the period of registration?

The registration of a food business in respect of any premises remains in force until cancelled.

A registration may only be cancelled for one of the following reasons:

• any annual or other fee imposed by the appropriate enforcement agency that relates to the registration of the food business in respect of those premises has not been paid
• the food business has ceased to be conducted at those premises
• at the request of the registration certificate holder of the business premises.

What fees are involved?

The enforcement agency may charge a:

• one-off registration or notification fee
• annual or other fee (to cover annual inspections costs)

It is important you contact the local government Environmental Health Services (external site) to discuss any fees they may charge. Each local government may charge slightly different fees.

Conditions of registration

An enforcement agency may place conditions on the food business in respect of any premises.

The conditions may only relate to issues that ensure compliance with the Food Act. If the enforcement agency decides to vary the conditions of registration then it must advise the holder of the Certificate of Registration, in writing, of the reasons and consider any submissions made by the holder of the Certificate of Registration.

What if the food business is sold?

If you intent to sell your food business, you should request for the registration in respect of the premises to be cancelled with the relevant local government prior to handing over control of the premises to the new proprietor.

This will ensure that you do not continue to be responsible for the food business being operated from those sold premises that has been sold to a new proprietor.

In addition, Section 113 of the Food Act 2008 makes it an offence to not inform the appropriate local government enforcement agency of any changes to a registered food business including if the business ceases to be conducted at those premises or if the food business is sold.

The new proprietor must apply to the appropriate local government enforcement agency for a registration in accordance with the Food Act 2008.