The Food Act 1984 regulates the sale of food and beverages for human consumption. There are five classes of food premises; Class 1, Class 2, Class 3A, Class 3 and Class 4. The Classification system means regulatory requirements are better matched to the level of food safety risk associated with the food handling activities at different types of premises.

Class 1 has the highest and Class 4 the lowest level of legal requirements. In summary, the classes are:

• Class 1 - hospitals, child care centres and aged care services which serve food.
• Class 2 - other premises that handle high risk unpackaged food.
• Class 3A - premises that prepare and/or cook potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises; or a home based or temporary food premises such as a hired kitchen that makes product such as chutney, relish, salsa or tomato sauce using a hot-fill process.
• Class 3 - premises that handle unpackaged low risk food or high risk pre-packaged food, warehouses and distributors.
• Class 4 - premises undertaking low risk activities.

Class 4 includes the following:

• the sale of shelf stable pre-packaged low risk food such as confectionery, crisps, frozen ice cream, UHT milk, bottled drinks - for example, newsagents, pharmacies and some milk bars;
• the sale of packaged alcohol - for example, bottle shops;
• the sale of uncut fruit and vegetables - for example, farmers markets, green grocers and wholesalers;
• wine tasting (which can include serving low risk food or cheese);
• the sale of packaged cakes (excluding cream cakes) at community events;
• the supply of low risk food, including cut fruit, at a sessional child care service;
• simple sausage sizzles at stalls, where the sausages are cooked and served immediately at community events. This means sausages, sauce, onions and bread. This does not include hamburgers or other high risk foods.

Class 1, 2, 3A and 3 premises must register with Council.

Class 4 premises must notify Council of their operations.

Refer to Department of Health & Human Services website for further details on Food Act classifications

https://www2.health.vic.gov.au/public-health/food-safety/food-businesses/starting-a-food-business

What is a Class 1 Food Premises?

Class 1 food premises are those that predominantly handle potentially hazardous food that is served to vulnerable groups, such as in hospitals, child care centres providing long day care, and aged care facilities such as nursing homes and hostels.

What regulatory requirements apply to Class 1 Food Premises?

Class 1 premises provide food to the vulnerable population in our community including the frail, aged, seriously ill and the very young. These groups of people are more vulnerable to the severe consequences of food poisoning.

Class 1 food premises must:

• Ensure food that is sold or prepared for sale is safe to eat;
• Register annually with Council;
• Be inspected by Council when first registered or when registration is transferred to a new proprietor;
• Have a Food Safety Program which is tailored specifically for the food premises (an independent or non-standard program);
• Keep a copy of the Food Safety Program on site;
• Have a Food Safety Supervisor with the necessary skills and industry accredited training;
• Undergo two mandatory compliance checks each year.

These include:

• A Council assessment of the premises and Food Safety Program compliance;
• An audit of the Food Safety Program by a Department of Health & Human Services approved auditor to determine adequacy and compliance.

The auditor must provide an audit certificate to the Council within 14 days of giving the certificate to the business. That certificate must be either:

• A certificate of compliance; or
• A certificate detailing that corrective actions have been taken to address deficiencies or any outstanding matters, if an audit has revealed non-compliances at the premises.

Should the auditor identify any deficiencies that may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable, they must inform Council and their respective Food Safety Unit of the department as soon as practicable.

For further information see Section 7: Food Safety Programs Opens in new window, page 14 and Section 8: Food Safety Supervisors Opens in new window, page 15.

What is a Class 2 Food Premises?

Class 2 food premises are those whose main activity involves handling unpackaged potentially hazardous foods which require temperature control during the food handling process, including cooking and storage.

These include:

• restaurants
• fast food outlets
• pubs
• caterers
• delicatessens
• supermarkets with delicatessens/bakeries/butchers
• cafes
• most manufacturers.

What regulatory requirements apply to Class 2 food premises?

A Class 2 food premise must:

• Ensure food that is sold or prepared for sale is safe to eat;
• Register annually with Council;
• Be inspected by Council prior to initial registration or transfer of registration to a new proprietor;
• Ensure that the premises has a Food Safety Supervisor with the necessary industry related skills and accredited training;
• Have a Food Safety Program.

The Food Safety Program must include:

• A standard template registered with the Department of Health & Human Services; or
• A Food Safety Program developed by the food proprietor that is tailored specifically for the food premises (an independent or non-standard program).
• Keep the Food Safety Program on site at the premises;
• Implement the requirements of the Food Safety Program including the keeping of records that must be available for review.
• If using a standard food safety program - an assessment will be made by an Environmental Health Officer for compliance*
• If using an independent non-standard Food Safety Program - an audit by a Department of Health & Human Services approved auditor.

The auditor must provide an audit certificate to Council within 14 days of giving the certificate to the business. That certificate must be either:

• A certificate of compliance; or
• A certificate detailing that corrective actions have been taken to address deficiencies or any outstanding matters, if an audit has revealed non-compliances at the premises.

Should the auditor identify any deficiencies that may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable then the auditor must inform the council and the department’s Food Safety Unit of the department as soon as practicable

For further information, see Section 7: Food Safety Programs Opens in new window, page 14 and Section 8: Food Safety Supervisors Opens in new window, page 15.

* Additional inspections are also likely to be scheduled by Council

What is a Class 3A Food Premises?

• A class 3A food premises is one at which one or more of the following food handling activities occurs:

• Preparation and/or cooking of potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises (such as made to order breakfast for guests at a B&B).

• Food is made using a hot-fill process resulting in a product such as chutney, relish, salsa, tomato sauce or any other similar food, that:

•  is made at a home-based or temporary food premises, for example, a hired kitchen, and
•  has been heat treated to a temperature of not less than 85 °C and then filled and sealed hot into its packaging, and
•  is acidic (pH of less than 4.6), and
•  has salt or sugar or any other preservative added.

What regulatory requirements apply to Class 3A Food Premises?

A Class 3 premise must:

• ensure that food that is sold or prepared for sale is safe to eat;

• register annually with Council;

• complete a pre-registration inspection by Council;

• ensure that the premises has a Food Safety Supervisor with the necessary industry related skills and accredited training;

• be inspected by a Council Environmental Health Officer on an annual basis

What is a Class 3 Food Premises?

Class 3 food premises are those whose main activities involve the sale of foods not commonly associated with food poisoning. This includes the supply or handling of unpackaged low risk foods, and/or sale of pre-packaged potentially hazardous foods which need temperature control to keep them safe.

Premises that fall into Class 3 may include milk bars, convenience stores, fruit stalls selling cut fruit and wholesalers distributing pre-packaged foods.

What regulatory requirements apply to Class 3 food premises?

A Class 3 premise must:

• Ensure that food that is sold or prepared for sale is safe to eat;
• Register annually with Council;
• Complete a pre-registration inspection by Council;
• Be inspected by a Council Environmental Health Officer on an annual basis

What is a Class 4 Food Premises?

Class 4 food premises are those whose food handling activities pose low risk to public health.

They include premises that only undertake the following:

• The sale of shelf stable pre-packaged confectionery at newsagents, pharmacies, bottle shops, etc
• Sale of uncut fruit and vegetables at farmers markets or by greengrocers (whether retail or wholesale)
• Wine tastings
• Shops and stalls with packaged cakes (excluding cream cakes), bottled jams or honey at a community event
• Sessional kindergartens serving low risk food including cut fruit
• Simple sausage sizzles at stalls where the sausages are cooked and served immediately. A simple sausage sizzle includes sausages, sauce, onions and bread (this does not include hamburgers or other high risk foods).

What regulatory requirements apply to Class 4 food premises?

Class 4 food premises must:

• Notify Council of their food operations but are not required to obtain formal registration pursuant to the Food Act 1984
• Ensure the food they sell or prepare for sale is safe to eat

Class 4 premises are not required to have:

• A Food Safety Program;
• A Food Safety Supervisor;
• An annual Council inspection.

Council may, at its discretion, inspect a Class 4 premises.

Failure to notify Council of your Class 4 food business activities is an offence under the provisions of the Food Act 1984 and you or your company may be liable for a fine of up to $14,000 if found guilty.

What if we change the type of food we sell?

If you want to change the type of food you sell at your food business you must first discuss the changes with a Council Environmental Health Officer. Council will review your food premises activities and determine whether reclassification of your food premises is required. If the classification of your food business changes you must ensure you meet the food safety regulatory requirements of that Class.