Home-based Food Businesses

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.

Preparing or storing food at home for later sale is considered a food business and requires approval to ensure that food-safe practices are in place and your business is registered.

Examples of home-based businesses include:

  • preparing food for sale at markets or school canteens
  • home-based caterers making low risk foods (non-potentially hazardous foods) such as jams, preserves, cakes, biscuits, muffins, scones and confectionary
  • bed and breakfast accommodation.

Like all food businesses, those based at home must comply with the relevant parts of the Food Act 2003, Food Regulations 2015, and the Australia New Zealand Food Standards Code, including:

  • Standard 3.2.2 Food Safety Practices and General Requirements
  • Standard 3.2.3 Food Premises and Equipment
  • Part 1.2 Labelling and other information requirements.

How to run a food business from home? from Campbelltown City Council on Vimeo.

Lodge your paperwork with us

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 controls will allow the proposed activity within a residential area
    • Standard 3.2.3 Food Premises and Equipment
    • Part 1.2 Labelling and other information requirements
  • 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 Development Application Requirements for the Internal Construction of Food Premises(PDF, 222KB).

Once approved, Home-based food businesses will need to register your business with Council and those that on-sell (wholesale) to other food businesses will need to register with the NSW Food Authority prior to the business opening and operating.

Food inspections

Our Environmental Health Officers conduct random inspections of food premises across the local government area. These inspections determine whether home-based food businesses that sell directly to the consumer, sell online or from a market food stall have premises that are clean, food handlers have appropriate skills and that food is safely prepared and stored.

Enforcement action can be taken

Action can range from an improvement notice, to a penalty infringement notice (PIN), prohibition order or prosecution through the court system. The level of action taken will depend on the area of non compliance and impact on public health. If a PIN is issued, details and the naming of the business is published on the NSW Food Authority Register of penalty notices website.

Grease traps

A grease trap is not permitted in a residential area and therefore limits the type of food being prepared for sale at home.

Please contact Sydney Water on 13 20 92 for further information on grease traps for home based food businesses.

Further information