Permits and requirements for running a food business
All businesses that handle, prepare, package, store, serve, supply and repackage food and drinks for sale must be registered or notified.
Under the Food Act 1984, you must register your business with Council if you prepare, handle, serve or manufacture food for sale.
Penalties apply if you sell food without registering your business with council. This includes failure to renew registration by the due date.
Darebin’s registration period is from 1 January to 31 December, this fee must be renewed annually. Renewal notices are sent to registered proprietors in November.
A quarterly pro-rata fee structure is available for businesses that apply through the year.
Quarterly pro-rata fee structure
| Quarter |
Pro-rate fee structure payment |
| 1 January – 31 March |
100% |
| 1 April – 30 June |
75% |
| 1 July – 30 September |
50% |
| 1 October - 31 December |
100% (includes registration for the following year) |
Operating your business without renewing on January 1 will be considered trading unregistered, this is an offence under the Food Act.
Starting a new food business
Darebin guidelines on setting up a food business(PDF, 695KB)
How to set up a safe food business in Darebin video
Classification of food premises
Your business will need to be classified using the Victoria Department of Health's food business classification. Your classification is based on the highest risk activity carried out.
Class 1, 2, 3 and 3A premises must register with Council. Registration must be renewed each year before 31 December.
Class 4 premises must notify Council of their activities and operators have a responsibility to update the Health Protection Unit if their business activities change.
The 5 classes of food premises
Classification: Class 1
Description: Premises where food is being provided to vulnerable people within:
- a hospital
- aged care
- childcare facility
- by home delivery services, such as Meals on Wheels
You need:
Classification: Class 2
Description: Premises that:
- handle or manufacture unpackaged potentially hazardous food
- manufacture low risk food where there is any allergen-free claim is made
You need:
Classification: Class 3A
Description: Premises that:
- are a home based or temporary hire kitchen that makes products such as chutney, relish, salsa or tomato sauce using a hot-fill process
- prepare or cook potentially hazardous foods which are served for immediate consumption in an accommodation getaway premises
You need:
Classification: Class 3
Description: Premises that:
- handle unpackaged low risk food
- handle high-risk pre-packaged food
This also includes warehouses and distributors
You need:
Classification: Class 4
Description: A premises that are predominately handling pre-packaged, low-risk foods, such as:
- confectionery
- bottle shops
- green grocers or wholesalers selling uncut fruit and vegetables
- refer to Department of Health's food business classification for list
You need:
- one-off notification
- review changes annually
Registering a new business under the Food Act?
When all structural works have been completed and the business is ready for a final inspection, you will be required to :
Once the above items have been submitted, you will be receive a confirmation email with an attached invoice(PDF, 167KB) for registration. When payment is received, an Officer will be able to arrange a final inspection.
Refer to the final inspection(PDF, 246KB) checklist to understand these requirements.
During this inspection, the Officer will advise whether your registration has been granted, granted with conditions, or refused with further works to achieve compliance. When compliance has been achieved, you will be granted a Certificate of Registration.
If you are buying an existing food business
From 1 July 2021, it is no longer possible to transfer a food business registration. Instead, the new proprietor will need to apply for a new food business registration.
If you are selling or closing or cancelling an existing food business
If you permanently close your business or stop trading for any reason, please complete the cancel a food business registration form.
Request for premises inspection
If you would like to request a premises inspection prior to purchasing a business, the current registered food business owner needs to complete a request for premises inspection form. An invoice will then be sent and must be paid before an inspection will be completed.
The inspection report will outline any non-compliant items that are identified on the day of inspection. The inspection report will only be provided to the current registered proprietor. After providing the inspection report, it is the responsibility of the vendor and purchaser to negotiate the completion of non-compliant items.
We will only issue the report in PDF format to the current registered proprietor for distribution to potential purchasers.
The inspection report will be provided within 10 business days of invoice payment.
Other permits
It is your responsibility to understand what permits are required for your property and business. These include, but are not limited to:
Do I need a food safety program?
In Victoria, all class 1 and class 2 that complete high risk food processing in their food premises need a food safety program.
Our food safety program (FSP) is a written plan that shows how a business controls food safety risk and ensures that the food it sells is safe for people to eat.
For more information about food safety programs refer to the on the Food safety programs page on the Department of Health website.
Do I need a food safety supervisor?
Food laws require that all class 1, 2 and 3A food businesses have a competent Food Safety Supervisor. Changes to the Food Standards Code
Exempt from Tool 2 for five years if their FSS is certified prior to 8 December 2023 (please note the FSS certification requirements listed in the next section).
Introducing 3.2.2A: Food safety management tools
Changes to the Australia New Zealand Food Standards Code (the Code) will come into effect on the 8 December 2023. These changes may affect your business, but have been introduced to improve food safety.
The change introduces three food safety management tools these are:
- food handler training - all food handlers, regardless of their food handling responsibilities must have the right food safety skills and knowledge to prepare safe food.
- food safety supervisor (FSS)
- substantiation of critical food safety controls.
Find out more about the new 3.2.2A: Food safety management tools
Food safety tips during a power failure
To help you prepare for a power failure, read the Food safety in an emergency(PDF, 33KB) from Department of Health which outlines what to do during and after a power outage.
Further information
Health Protection
Phone: 03 8470 8658
Email: health@darebin.vic.gov.au