Food Business Requirements


Food safety is important to lower the incidence of foodborne illness by strengthening food safety and traceability throughout the food supply chain, from paddock to plate. Handwashing remains an important part of food safety at all food businesses and also helps to prevent the spread of infectious diseases. The Shire’s Environmental Health Team has prepared a short handwashing video for food businesses and community groups that serve food.

In Victoria it is illegal to sell food from an unregistered premises. Food premises and vehicles must comply with the Food Act 1984 and Food Safety Australia New Zealand Food Safety Standards. Download a copy of the relevant standards:

The Shire's Environmental Health team is responsible for the registration of all food businesses within the Shire and ensuring businesses and organisations alike adhere to the food business requirements.

Food businesses and organisations are classified into risk categories that determine their requirements. Learn more in our Food Business Risk Categories section. All registered Class 1 and scheduled Class 2 food businesses must follow a Food Safety Program. The State Government has recently introduced changes to the Food Act which may affect the risk classification and Food Safety Program requirements for your proposed food business. Further information is on the Food Safety Victoria web site for further at Changes to food business classifications and regulations |

If you're having trouble finding what you need here, you can contact our Environmental Health Team on 5950 1373 or contact the team online.

Related Information

Food Allergen Management for Businesses and Community Groups(DOC, 148KB)

Food Labelling for Food Businesses and Community Groups(DOC, 81KB)

Food Safety Guidelines for Reusable Food Containers Fact File(PDF, 658KB)

Application for a Pre-Purchase Inspection - Food Premises(PDF, 146KB)

Registering a food business

Before You Register

Before you apply for a Food Act Registration you should:

  1. Contact Business Victoria or get some advice on starting a new business from our Economic Development Team.
  2. Check with the Shire's Statutory Planning Unit on phone 5950 1010 for any permits or restrictions that may apply to property.
  3. Contact South East Water to discuss sewerage and food/oil interceptor (grease trap) requirements. If sewer is not available, you should contact a wastewater consultant or a Shire Environmental Health Officer to discuss onsite wastewater requirements.
  4. Contact one of our Environmental Health Officers to discuss the proposal. The National Food Safety Standards and other relevant information is available from the Environmental Health Team online or at
  5. Submit scaled plans of the proposed premises and arrange for an assessment by a Shire Environmental Health Officer. It is requested that you do not begin work on your premises until your plans are approved to prevent costly mistakes.
  6. Determine the classification of your business by referring to the Food Safety Victoria website. More information can be found on our Food Business Requirements page.
  7. Submit an application for Food Act Registration/Notification Form to the Shire. Information and details on submitting your application can be found on the application form at Application for Registration of Food Premises or Food Vehicle 2023(PDF, 291KB)
  8. Ensure that the business classification is correctly listed on the completed application and the correct fee has been paid in line with the Shire's Environmental Health Fee Schedule(PDF, 156KB)

Further information and/or advice can also be obtained by contacting our Environmental Health Team on 5950 1373 or contact the team online.

Purchasing or Selling a Food Business

The updated Victorian Food Act mean a Food Act registration can’t be transferred. If you are purchasing a currently registered food business, you will be required to apply to Council for a new Food Act registration. The current proprietor will also need to ensure that the Food Act registration has been closed. This can be done by completing and submitting the food premises closure form(PDF, 108KB).

For more information on purchasing and registering an existing food business, please see the Purchasing a Food Business section of our Registering a Food Business page.

Applying for Registration

Complete and submit an application for registration to our Environmental Health team along with the appropriate registration fee. A copy of the application form and details on the process for applying for registration can be found on our Register a Food Business page. The information below is also required with the registration application depending on the class of business.

Class 1 Premises must submit:

  1. A copy of their independent food safety program.
  2. Details of the training and qualifications of their Food Safety Supervisor.
  3. Details of the FSV registered third party Food Safety Auditor who will be required to conduct a food safety audit within 60 days of the premises opening.

Class 2 Premises must submit:

  1. If a Food Safety Program (FSP) is required, provide details of the Program. This can be one of the following:
    • A template FSP that is approved by the Department of Health and Human Services. A list of templates is available at the Health Victoria website.
    • An independent FSP that is developed for the business. A full copy of this program must be submitted for approval.*
    •  An approved Quality Assurance (QA) system that is developed under a declared business QA system*

    *If an independent or QA Food Safety Program is used an audit of the premises is required by a third party Food Safety Auditor within 60 days of the premises opening. 

  2. If the business has determined that a FSP is not required, provide a statement outlining the reasons why a FSP is not required based on the proposed food processing activities
  3. Details of the training and qualifications of the Food Safety Supervisor

Class 3A Premises must submit:

1. Details of the training and qualifications of the Food Safety Supervisor  

All Class 1, 2 and 3 Premises

All Class 1, 2 and 3 Premises must obtain Environmental Health Officer approval to open. This will include an inspection of the premises by an Environmental Health Officer prior to trading. A Food Act Certificate of Registration will then be issued.

Class 4 Premises

Class 4 Premises do not require inspection by an Environmental Health Officer, nor is a fee required. However, you must notify Council if:

  1. The ownership of the business transfers.
  2. The location of the business changes.
  3. The use of the business changes.

What if I want to serve alcohol?

If you are planning to serve alcoholic beverages to your customers you should discuss this with Victorian Commission for Liquor and Gambling Regulation. You will also need to ensure that the appropriate planning approvals or consent from the Shire is obtained and that the Victoria Police are satisfied with your proposal. You cannot sell or serve alcohol without their prior consent.

Food at markets or events

If your food premises plans to prepare food for sale at markets or events you must register your business on the FoodTrader website. Once you are registered with FoodTrader you are required to lodge a Statement of Trade for each event or market where your business will be selling food.

Food Business Risk Categories

Every business that prepares and/or sells foods to the public must register their business or notify the Mornington Peninsula Shire under the Food Act. The Food Act classifies food businesses into four risk categories:

  • Class 1 for premises serving potentially hazardous foods to customers at higher risk e.g. nursing homes, hospitals and child care centres.
  • Class 2 for premises engaged in manufacture or handling of any unpackaged, potentially hazardous foods, such as food that requires temperature control.
  • Class 3A for accommodation gateway (Bed & Breakfast) premises and home-based businesses manufacturing foods with a hot-fill process (e.g. chutney)
  • Class 3 for premises handling low risk food or wholesale of pre-packaged food, or selling pre-packaged, potentially hazardous food.
  • Class 4 for premises selling only shelf-stable, pre-packaged food.

Potentially hazardous foods are foods which need correct temperature control during the food handling process (including cooking and storage) to keep them safe. This includes raw and cooked meat, small goods, dairy products, seafood, processed fruits and vegetables, cooked rice and pasta, eggs, sandwiches, rolls and pizza.

If you are unsure of the classification of your business please refer to the Food Business Classification web site.

Food safety requirements for each class of business

Class Council Registration Annual 3rd Party Audit Food Safety Program Food Safety Supervisor
 1 Yes Yes  Yes  Yes 
 2  Yes No* Yes  Yes 
 3A  Yes No   NIo Yes 
 3  Yes No* No No (Optional Online Training) 
 4 No  No No No

*The Food Act requires that Class 1 premises and those using an independent (non-template) Food Safety Program must arrange a 3rd party audit each year.

Food Safety Programs and Food Safety Guide 

All registered Class 1 and scheduled Class 2 food businesses must follow a food safety program. We're pleased to offer a food safety program template developed by the Department of Health and Human Services to assist you in developing your own program.

This template can also be completed electronically and submitted to Council using the Foodsmart Program by visiting the Foodsmart Website.

Class 3 food premises should keep completed basic records about food safety practices onsite. This includes details about suppliers, and about potentially hazardous food. These records are included in the Food Safety Guide for Class 3 Food Businesses released by the Food Safety Victoria.


Food Safety Supervisor Requirements

All registered Class 1 and 2 food businesses must have a qualified Food Safety Supervisor. The training requirements for the Supervisor have been developed by the Department of Health and Human Services and can be found on the Food Safety Victoria website.

The training must be completed by a Registered Training Organisation (RTO). For a list of RTOs offering food safety training please refer to the NTIS website.

The Department of Health also has an online food safety training program for Class 3 premises called ‘Do Food Safely” that is available on the Do Food Safely website.

If the Food Safety Supervisor for your business changes you must submit the training qualifications for the new supervisor to the Shire’s Environmental Health Team. Without a suitably qualified Food Safety Supervisor the registration for a food business cannot be granted, renewed or transferred.