The Food Act 2003 and Food Standards Code apply to any community group or individual who sells food for charity or charitable causes. A charitable or not-for-profit organisation that sells food for fundraising purposes is a ‘food business’ under the Food Act 2003. In this Act, food business means a business, enterprise or activity that involves:
a) the handling of food intended for sale, or
b) the sale of food,
regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.
While organisations that sell food for charity need to comply with the food safety requirements in the legislation, the Food Act 2003 states these organisations are not required to appoint a Food Safety Supervisor.
Charities, groups and volunteers do not need a food business licence nor do they need to notify food authorities of their food activities provided the food:
- does not need to be kept hot or refrigerated to keep it safe
- would need to be kept under temperature control, but will be eaten immediately after thorough cooking, such as at a sausage sizzle.
If the food:
- does need to be kept under temperature control to keep it safe and
- will not be consumed immediately after thorough cooking
then organisations and groups selling food for community or charitable purposes need to notify the local council of their business details. Council does not charge an annual administration fee to registered food charities or not-for-profit organisations.
Should your charity or not-for-profit organisations need to register with Council, complete the Food Business Registration Form(194KB, PDF) and return to Council for processing.
You can not prepare food from a residential kitchen unless it has development approval and is a registered premise. Australian Standard AS4674-2004: Design, construction and fit out of food premises provides construction criteria for the hygienic design construction and fit-out of food premises.
Labelling is required for all pre-packaged foods that is cooked and packaged at one location and then distributed to other locations. At a minimum, Campbelltown City Council requires food labelling includes:
- Name and/or description of the food
- Name and contact details of the person or organisation who made the food – for traceability purposes
- List of ingredients – in descending order of ingoing weight
- Date mark – such as cooked or packaged date
- Directions for storage or use – e.g. keep refrigerated, reheat until piping hot
- Warning and advisory statements – declaring allergens
NSW Food Authority provides a Fact Sheet 'Food Safety Requirements for Charitable, not-for-profit organisations' which provides further information.
For further information an Environmental Health Officer can be contacted on 02 4645 4604.