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Under the NSW Food Act, a food business means a business, enterprise or activity that involves:
- the handling of food intended for sale, or
- the sale of food
regardless of whether it is of a commercial, charitable or community nature or a one-off.
The definition of food “sale” is very broad. As well as paying money for food, it includes providing food as part of a contract of service, giving food away as a prize or to further trade, and many more scenarios.
In NSW, food businesses are broadly grouped into 3 categories.
Retail food businesses
Retail food businesses sell or serve product/s directly to consumers – usually from a premises or market stall. They may even be home-based. Examples of retail food businesses include:
- cafes, restaurants and takeaway outlets
- mobile food vendors, such as food trucks or dinner cruises
- supermarkets, delis and convenience stores
- food stalls at markets and events
- childcare services that provide food
- school canteens.
This category includes businesses that may not think of themselves as food businesses, like cooking schools, chemists, cinemas, corner stores, petrol stations and swimming pools.
Retail food businesses are overseen by their local council and must notify their council of their business details before operating. For more information, see Retail.
Licensed food business
These are higher-risk food producers, processors and transporters that require a licence from the NSW Food Authority to operate. Licensed businesses do not typically sell food directly to consumers, although they might in some circumstances. Licensed businesses include businesses that produce, process, store or transport:
- eggs
- dairy
- meat (including poultry)
- seafood
- shellfish
- plant products
- food service to vulnerable people in hospitals and aged care.
These businesses are audited or inspected by the Food Authority. For more information, see Industry.
Manufacturers and wholesalers
Manufacturing and wholesaling businesses make, store or import any type of food that does not require a licence to produce. They primarily sell to other businesses, with limited or no sales directly to consumers. These businesses include:
- food product manufacturers, such as packaged food factories
- commercial bakeries
- caterers selling food to another business to on-sell
- wholesale food suppliers and distributors
- importers that do not retail food and ingredients.
These businesses are overseen by, and must notify, the Food Authority before they start operating. For more information, see Manufacturers and wholesalers.
What is not a food business?
The following are not generally considered to be food businesses:
- farms, vineyards, orchards or aquaculture farms if they do not sell or supply food directly to the public, or process the food they produce
- online applications that only facilitate food deliveries provided by actual food businesses
- schools handling food as part of an educational program and not a commercial offering
- charitable services that only provide food for free, such as a soup kitchen or food pantry, though best practice food safety standards are recommended – see Charities, groups and volunteers and Donating food to charities and not-for-profit organisations (PDF, 310 KB).
If you are unsure about what applies to your circumstances, phone the Food Authority helpline on 1300 552 406 or email food.contact@dpird.nsw.gov.au.
Food businesses operating in NSW are subject to requirements outlined in the:
- Australia New Zealand Food Standards Code (FSANZ) - external site
- Food Act 2003 - external site (NSW)
- Food Regulation 2015 - external site
Other laws relating to food and promotion and packaging are enforced by other agencies – see Legislation for more information.
Requirements not related to food safety
The Food Authority is not able to provide advice about:
- zoning, DA applications, noise restrictions—contact your local council - external site
- tax, ABNs, insurance—contact a financial advisor or the Australian Taxation Office - external site
- product development, shelf-life testing or packaging suitability for specific products—contact a food/business consultant
- weights and measures—contact the National Measurement Institute - external site
- liquor licensing—contact Liquor & Gaming NSW - external site.
The Food Authority has produced a range of factsheets and resources relevant to different food business sectors:
- Food Handler Basics training
- Food allergen rules
- Be prepared, be allergy aware (for retail service) (PDF, 1.6MB)
- Do I need a food label?
- Food Labelling Assistant
- Cleaning & sanitising in food businesses (PDF, 406 KB)
- Handwashing in food businesses (PDF, 149 KB)
- Health & hygiene of food handlers (PDF, 157 KB)
- Product recall & withdrawal flowchart (PDF, 369 KB)
- Protecting food from contamination (PDF, 132 KB)
- Powers of authorised officers (PDF, 92 KB)
For more, see Resources.
Go to the relevant industry or retail sector page for information about specific requirements by business type.
The Service NSW Business Bureau provides free, personalised support to NSW businesses, including:
- one-on-one guidance over the phone, in person or online
- free, tailored advice from an independent advisor
- a range of events, webinars and online resources.
To get in touch, call 13 77 88 or visit the website - external site to book a call.