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Home based food businesses

Cooking food for sale from home still carries with it the same legal responsibilities and requirements as those that apply to commercial food premises.

To operate a food business from a residential premise a development application will need to be submitted to us.

There are a number of matters that will need to be taken into consideration including:

  • Whether the local town planning scheme will allow the proposed activity within a residential area.
  • Whether the premises can be constructed in accordance with Australian Standard AS 4674:2004 Design, Construction and Fit-out of Food Premises.
  • Whether the structure of the premises is appropriate for the proposed activity.
  • The relative risk of the food preparation activities proposed.
  • Whether the activity is for commercial gain or is for fundraising/charitable purposes.
  • Whether the premises complies with Council's guide "Development Application Requirements for the Internal Construction of Food Premises".

If approved, the food business must operate in accordance with the Food Act 2003, Food Regulations 2015, and the Australia New Zealand Food Standards Code.

Note: A grease trap is not permitted in a residential area and therefore limits the type of food being prepared for sale at home. Only low risk foods (non-Potentially Hazardous Foods) are permitted such as Jams, Preserves; Cakes, Biscuits, Muffins, Scones and Confectionary. Please contact Sydney Water on 13 20 92 for further information on grease traps for home based food businesses.

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