The Town of Kwinana Health Services aims for the community to have a safe food supply. Environmental Health Officers work with local food businesses and community groups to ensure compliance with the relevant legislation. Throughout the year food samples are taken from businesses for chemical and microbiological analysis. EHO's conduct routine inspections, routine food sampling, investigate food complaints, food recalls and food poisoning outbreaks.

The Food Act 2008 (Act) and Food Regulations 2009 (Regulations) along with the Australia New Zealand Food Standards Code(the Code) was introduced which will brought Western Australia in line with other states and Territories, providing national consistency. All food safety requirements are contained within this national Code. It is very important that the proprietors of all food businesses become aware of the requirements contained within Chapter 3 of the Code specifically. This chapter, known as the Food Safety Standards, contains the minimum food handling, hygiene and structural requirements for all food businesses. It is expected that food businesses that comply with the current legislation in terms of food premises fit out and construction will comply with the standard required in the Code.

The Act provides enforcement agencies such as Town of Kwinana with a number of new enforcement options, designed to assist them to manage compliance with the Food Standards. Depending on the severity of food safety breaches, authorised officers from Town of Kwinana may issue or initiate any of the following: formal warnings; improvement notices; prohibition orders; infringement notices (fines) and legal action through the Courts. It is important to be aware that the details of any successful prosecutions will be publicly listed on the Department of Health’s website and remain listed for two years.

The Food Act 2008 and Food Regulation 2009 are available online at www.slp.wa.gov.au and the Code is available online at: www.foodstandards.gov.au.

Notification or Registration Requirement

Under Section 107 of the Act, all food businesses must notify the appropriate enforcement agency (in this case the Town of Kwinana) in writing that they conduct, or plan to conduct a food business. Section 109 of the Act specifies that it is an offence to conduct a food business at any premises unless the food business is registered with the relevant enforcement agency in respect of those premises.

OFFENCE: Failure to notify or register under the Act may incur a fine of $10,000 for an individual and $50,000 for a body corporate.

Application forms - New food business or taking over an existing food business

If you are starting a new food business or taking over an existing food business, you are required to complete the relevant notification/ registration form which contains the required details for you to provide under the legislation and will allow the Town to confirm your notification/ registration requirements and priority classification. If you are purchasing an existing food business, you may wish to lodge a property enquiry request or request an Environmental Health Officer to conduct a pre-purchase inspection (fees apply). This will ensure that you are aware of any outstanding orders and requirements for the premises and the timelines that have been set for their completion.

Please ensure that you have obtained the relevant planning and building approvals before you submit your application to Environmental Health Services.

Application for notification/ registration of a fixed food business
Application for notification/ registration of mobile or temporary food business and trading in public places
Application for notification/ registration of a residential food business

It is vital that you attach all relevant documentations (which includes but not limited to plans and specifications as well as proof of food safety knowledge and skills) to avoid the delay in processing your application.

Please note that mobile and temporary food businesses are also required to comply with the Town of Kwinana Activities in Thoroughfares and Public Places and Trading Local Law. If you hold an existing Certificate of Registration or Verification of Notification with another Local Council and would like to apply to trade at Town of Kwinana, you may submit the following application to the Town of Kwinana Environmental Health Services along with a copy of your certificate of currency (public liability insurance). However, if you would like to apply to trade at Town of Kwinana approved community events, please check with the event organiser first before completing for the following application.

Trading in Public Places Application for Temporary or Mobile Food Business with existing registration or notification

Renovating my food business or changing activities carried out in my food business

Building approval may be required for the shop fit-out. Check with Town of Kwinana building department. Any changes made to the activities carried out for the purposes of the food business that is likely to affect its priority classification will require a new notification to be submitted to the Town of Kwinana Health Services. You must give notification required under Section 113 (1) of the Act within seven days after the relevant change takes place or may incur penalties of a fine of $20,000 for an individual or a fine of $100,000 for a body corporate. Please contact Town of Kwinana Environmental Health Services for further information.

Food safety and hygiene skills and knowledge

FREE Online Food Safety Training

All persons undertaking or supervising food handling operations are required to have adequate food safety and hygiene skills and knowledge. FoodSafe is an in-house training program that brings basic food hygiene training information directly to food handlers. The FoodSafe training packages can be purchased from the Town of Kwinana. You may also contact other Councils such as City of Cockburn and City of Melville which run regular food hygiene courses. For further information on the courses please contact the relevant council.

Further information

For further information, please refer to the guide to operation of a food business or contact the Town of Kwinana Health Department on 9439 0200.