Home Food Business

If you prepare food for sale from your home kitchen, you must meet specific legal and food safety requirements. Find out what food can be prepared in a residential kitchen, the standards your kitchen must meet, food labelling requirements, and the approvals and notification/registration required to operate.

Types of home food businesses

The City’s Local Planning Schemes allows some types of food businesses to operate from residential properties, provided they comply with all aspects of the scheme.

Examples include:

  • Bed and breakfast accommodation
  • Family day care businesses
  • Food prepared for fundraising events
  • Low risk food manufacturing (for example jams, biscuits and confectionery)
  • Preparing food for local markets.

Overview of legal requirements and approvals

If you prepare food for sale or other commercial purposes from a residential property, your business must comply with:

Not all food activities are suitable for preparation in a residential kitchen. The type of food you prepare, whether it is potentially hazardous, and the design and condition of your kitchen will determine whether your proposal is appropriate.

Residential food businesses must also comply with food labelling requirements and ongoing food safety obligations.

If you prepare food for sale from your home, up to three types of approval may apply. Approvals must be obtained in the correct order.

  • Planning (Development) Approval: Planning approval is required if your home business does not comply with residential business operating requirements. It must be granted before you can proceed to building or health approval.
  • Building Approval: A Building Permit is required if you construct a new building or make structural modifications to an existing building.
  • Health Approval (mandatory): You must apply to the City’s Environmental Health Department for notification or registration as a residential food business before operating.

Refer to the sections below for detailed advice on all requirements and approvals, and how to apply.

Food that can be prepared in residential kitchens

Some low-risk food activities may be permitted in a residential kitchen. More complex or higher-risk food production must be undertaken in an approved commercial kitchen or mobile food vehicle.

Before investing in equipment or applying for approval, you should confirm whether your food type is suitable for preparation in a home kitchen.

Low risk foods (generally permitted)

Examples include:

  • Jams, chutneys, relishes and sauces that are heat treated by boiling or cooking and do not require refrigeration
  • Herb vinegars with a pH of less than 4.5
  • Pickled onions
  • Cakes, biscuits, muffins and flour products that do not contain potentially hazardous food such as fresh cream or cheese
  • Cake decorating (excluding decorations requiring refrigeration, such as ganache, fresh cream or cream cheese)
  • Breads without internal fillings
  • Whole fruit and vegetables (no cutting or processing permitted and excluding microgreens such as alfalfa sprouts)
  • Repackaging bulk packaged low risk food products
  • Food prepared as part of a bed and breakfast operation
  • Food prepared for a single fundraising event arranged by a community or charitable organisation.
Medium and high-risk foods (generally not permitted in a home kitchen)

The following foods are generally not supported in a residential kitchen because they are potentially hazardous foods and require temperature control:

  • Dairy products such as cheese, yoghurt, ice cream and custard
  • Protein-based foods including fish, meat, chicken and seafood (including smallgoods and dried meats such as beef jerky)
  • Food that requires temperature control, including cakes with high moisture content or cheese icing, sorbet, sushi, sandwiches, pastries, mustard, pesto, soups, savoury meals and desserts
  • Food products where ingredients are not heat treated or where the final product has a pH greater than 4.6 and requires refrigeration once opened (such as some sauces, marinades, syrups and salad dressings)
  • Food recipes requiring the use of food additives
  • Fermented foods, including kombucha
  • Home-made chocolates
  • Seeds and spice mixes
  • Dehydrated chillies
  • Fruit leather or dried fruit slices
  • Cooking oils, including olive oil
  • Infused oils where fresh herbs, spices or vegetables are used.

If your proposed product falls into this category, you will generally need to operate from a purpose-built commercial kitchen.

Understanding potentially hazardous foods

Potentially hazardous food must be stored and displayed in a way that minimises the growth of pathogenic bacteria and toxin-forming bacteria. This is generally achieved by maintaining temperature control:

  • 5°C or below, or
  • 60°C or above

Whether a food product is considered PHF can be determined by assessing:

  • Water activity (aw) which refers to the amount of moisture available in a finished product to support microbial growth. It does not refer to the amount of water used in a recipe.
  • pH (acidity)
  • Whether the product is heat treated
  • Whether it is protected from recontamination

For more information on how to determine if foods are potentially hazardous, please visit the NSW Potentially Hazardous Foods guidelines.

Residential kitchen requirements

The level of risk associated with your food business must be considered in the design and construction of the food premises. The premises must be appropriate for the activities being undertaken, in accordance with Standard 3.2.3 of the Australia New Zealand Food Standards Code.

Food labelling requirements

Food labels provide a wide range of information to help consumers make food choices.

Food Standards Australia New Zealand sets food labelling requirements in the Food Standards Code.  These Labelling Standards are enforced by the City’s Environmental Health Officers.

Refer to the Department of Health website for up to date advice on food labelling requirements.

Planning and Building approvals

  • When Planning Approval is required and how to apply

    Small, low-impact home food businesses may operate without planning approval as long as the business is low impact and follow certain guidelines to avoid disturbing neighbours.

    Refer to the Home-Based Business page for more information.

    Planning approval is required if any of the above requirements are not met. Planning applications can be lodged online via Kwinana Connect. Processing time is generally 60 to 90 days.

  • When a Building Permit is required and how to apply

    You will need a building permit if you:

    • Construct a new building or structure
    • Make structural changes to an existing building
    • Undertake building work to meet food safety standards.

    If required, you must submit a Certified Building Permit application.

    Refer to the Apply for Building Permit page for application details and more information.

Notification or Registration as a Residential Food Business

If you prepare food for sale or other commercial purposes from a residential property, you must apply to the City’s Environmental Health Department for notification or registration as a residential food business.

Planning approval (if required) must be obtained before health approval can proceed.

Before you apply

Before lodging your application, you should:

  • Confirm your food type is suitable for preparation in a residential kitchen
  • Ensure planning approval (if required) has been granted
  • Ensure any required building work has been completed and granted (if required).

If you are unsure whether your proposed activity is considered low risk or suitable for a residential kitchen, you are encouraged to seek advice from an Environmental Health Officer before lodging your application.

Application process

1. Lodgement of application

Lodge your application for notification or registration of a residential food business online via Kwinana Connect.

2. Assessment of application

Assessment generally takes 14 business days, provided all required information and supporting documentation has been submitted.

If your product is not commonly prepared in a residential kitchen, the Environmental Health Officer may seek advice from the Food Unit of the Department of Health. This may take up to 30 business days.

The application will be placed on hold if planning approval is still pending.

3. Advice following assessment

If the proposal is considered suitable, you will receive written advice confirming you may proceed to the inspection stage.

You must contact the Environmental Health Officer at least 3 business days prior to your proposed inspection date.

If the application is not supported, it may be refused.

4. Inspection

An Environmental Health Officer will inspect your kitchen.

If cleaning is required, or fit-out standards are not met you will be required to complete the necessary works before a certificate is issued.

All outstanding fees must be paid before approval is granted.

5. Issue of registration certificate

If the kitchen meets the required standards, a certificate of food business registration will be issued.

If standards are not met, further cleaning or modifications may be required before the certificate can be issued.

Routine inspections renewals

The following applies after the registration certificate has been issued.

Routine inspections

Environmental Health Officers will attend your premises periodically to ensure compliance with the Food Standards Code.

Inspections are generally scheduled by appointment.

If compliance concerns arise or complaints are received, inspections may occur without prior appointment.

Annual surveillance fee

You must pay an annual surveillance fee to maintain your food business registration.

More information and contact

For advice on operating a food business from home, contact the City’s Environmental Health Services on (08) 9439 0200 or email customer@kwinana.wa.gov.au

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