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Starting a food business?

If you are thinking of starting a food business within the Shire of Toodyay, a Food Act 2008 Notification/ Registration Form is required to be completed and submitted to the Shire prior to operating. All food businesses must comply with the Food Act 2008, Food Regulations 2009 and the Australian New Zealand Food Standards Code.

The Shire’s Environmental Health Officer is responsible for enforcing and ensuring compliance with these requirements. An inspection will be conducted of new food businesses to determine the exact activities, risk of food being prepared, and that the premises comply with the Food Standards Code. A Certificate of Registration will then be issued and the food business may then operate. The business is subject to an annual food business fees which is paid on a financial year basis. The fee varies depending on the risk rating of the business.

Please be aware that planning or building approval may be required for newly constructed buildings, new fit-outs of buildings, and home food businesses. Please contact the Planning and Development Department at the Shire for information on whether this applies to your proposal.

Changes to a food business

Food Business registrations are not transferrable.  A Food Act 2008 Notification/ Registration Form will need to be completed for each new owner.  Under Section 113 of the Food Act 2008, a proprietor of a food business must notify the Shire of Toodyay within 7 days if the following changes occur at that food business:

  • The food business ceases to be conducted at those premises;
  • The food business is sold; or
  • Any changes are made to the activities carried out on the food business that may change its risk classification.

Temporary food businesses

If you are seeking to have a temporary food stall or food van at a public event or at the local Toodyay Farmer Markets, you will need a Stallholder Permit (PDF 121KB) approved by the Shire’s Health Service. Applications to operate a public event must go through the Shire’s Events Department. The following information is required when applying for a Stallholder Permit:

  • Copy of food business registration certificate from relevant Local Government Authority (if applicable)
  • Layout of food stall/ vehicle
  • Public liability insurance if stall is operated on Shire owned land

Community and fundraising food stalls may operate without a food business registration if they obtain a Stallholder Permit from the Shire, and all profits from the stall go directly to a not-for-profit organisation. Food that is sold from these food stalls is restricted to low-risk such as sausage sizzles, cakes, etc. Operating of community and fundraising food stalls must still comply with food safety and hygiene requirements. Link to minimum standards for a food stall.

The Shire of Toodyay currently allows stallholders to trade only at certain locations throughout the Toodyay townsite.

Click here to identify areas where stallholders are allowed to trade. 

Stallholder Permit

Food premises inspections

The Shire’s Environmental Health Officer regularly conducts unannounced inspections of all food businesses operating within the district. These inspections ensure that the food premises and the way in which food is handled comply with relevant legislation.

Food business complaints

If you have witnessed a food business within the Shire not complying with safe food handling practises, have fallen ill and believe it is from food you have consumed from a business within the Shire, or have purchased food from a food business within the Shire that you believe is unsafe, you should report the matter to the Shire.  An investigation will then be conducted and the appropriate action will be taken.

If you are reporting an issue with food you have purchased and you still have some of it left, please place in the freezer until such a time that the sample can be submitted to the Shire or collected.

Food handler training

A food business must ensure that persons undertaking and supervising food handling operations have skills and knowledge in food safety and hygiene.

The Shire will soon be offering basic food handling training free of charge through I’m ALERT.