Food

There are approximately 250 food businesses located within the Kangaroo Island Council area, including community and charity organisations, restaurants, hotels, cafes, bakeries, supermarkets, child care centres and hospital.

Council’s Environmental Health Officers (EHO’s) are involved in conducting routine inspections of these businesses to ensure compliance with the Food Act 2001, Food Regulations 2002 and Food Safety Standards as well as to provide advice and guidance on food safety to business owners.

What is a food business?

A food business is any business that handles or sells any type of food for sale, with the exception of some primary industry activities. Manufacturers, restaurants, take-away and supermarkets are clearly food businesses. Less obvious food businesses include bed and breakfast establishments, food stalls at fetes, cold stores,  and service stations that sell packaged food and food provided under a contract of service such as supper served at a dinner dance or lunch served at a staff canteen.

Starting a food business in Kangaroo Island Council

All food businesses are required by Food Act 2001 to officially notify Council before commencing operation of a food business or when ownership changes by means of completing and submitting a Food Business Notification Form. This information will ensure Council has correct and up to date contact details, location and the nature of the food business. The Food Business Notification form is only required to be completed once, unless the details of the food business change.

Council also strongly recommends that you seek advice from an Environmental Health Officer on the fit out of any food business before undertaking any upgrades of premises to ensure that your works comply with requirements of the Food Safety Standards.

The scenarios below will assist in determining if Food Business Notification Form is required.

Routine food inspections

Routine food inspections conducted by Environmental Health Officers involve an assessment of areas including:

  • Receipt of food
  • Storage of food
  • Processing of food
  • Display of food
  • Packaging of food
  • Transportation and distribution of food
  • Recalls/food disposal
  • Health, hygiene and knowledge of food operators
  • Condition and hygiene of food premises

If you require assistance to interpret sections of the Food Safety Standards, please refer to the Safe Food Australia as a guide or further information regarding food safety can also be obtained by contacting Environmental Health Officers on 8553 4500.

Food inspection fee

Under section 11 of the Food Regulations 2002, Council’s can impose an inspection fee for the carrying out of any food inspection or audit. Please refer to the Schedule of fees and charges.

Please Note: Council do not charge for inspections of temporary food premises and non for profit organisation.

Enforcement

Where serious offences under the Food Act 2001 occur, Environmental Health Officers have the power to take any necessary enforcement action. Enforcement in which EHO’s can take include issuing expiations for non-compliance with the Food Safety Standards ($500-$2,500), as well as serving Improvement Notices ($750 expiation for non-compliance) and Prohibition Orders (closing food businesses) on food businesses.

 Scenario - Food Stalls

Customer Council
I would like to have a food stall.  
  Where?
On the street (ie a street stall).  
  You need to complete a Food Business Notification Form and a Temporary Food Permit Notification Form. Unless your stall is for a charity or fundraising organisation, there is a $5.00 fee for your stall that you pay when you lodge the form.

Scenario - Event Organisers

Customer Council
I would like to run an event with food and other stalls. What do I need to do?  
  Will it be on private or public land?
Private land.  
  You need to complete an Event Organiser Temporary Food Event Notification Form and ensure all food stall holders complete a Food Business Notification Form. There is no lodgement fee.
Public land or reserve.  
  You need to complete an Event Organiser Temporary Food Event Notification Form and ensure all food stall holders complete a Food Business Notification Form. There is a fee for holding your event on Council Land as listed in the Fees and Charges.

Scenario - Home Activity

Customer Council
I would like to prepare food at home for a sports event, community event or charity event.  
  Are you selling the food, or are the people you give the food to selling it as part of an event? For example, a meal included in the event cost?
No.  
  Go for it. This is not regulated by the Food Act or Council. However, you still have a general duty of care under the SA Public Health Act to ensure the food you give away does not make people ill.
Yes.  
  If not already done, you need to complete a Food Business Notification Form.

Scenario - Accomodation Business

Customer Council
I would like to open a B&B.  
  Are you providing food as part of the accomodation, or are you providing selff contained accomodation where the guests buy and prepare their own food?
Self contained only.  
  Go for it. This is not regulated by the Food Act or Council.
Yes, I am providing food  
  You need to complete a Food Business Notification Form so your B&B can be correctly classed and your details recorded. There is no lodgement fee.
Kangaroo Island Council | 43 Dauncey St (PO Box 121) KINGSCOTE SA 5223
Phone: 08 8553 4500 | Fax: 08 8553 2885 | Email: kicouncil@kicouncil.sa.gov.au
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