Food Businesses

Food Safety

Frankston City Council is responsible for protecting and enhancing the health and safety of the community.

Environmental Health Officers perform an important role by ensuring local food businesses are complying with the provisions of the Food Act and Australian Food Safety Standards.

The following duties are performed to protect the community and raise food hygiene standards:

  • Carry out food safety program compliance checks
  • Conduct regular food sampling and participate in regional and statewide sampling surveys
  • Conduct food recalls to remove contaminated or incorrectly labelled food products from retail businesses
  • Investigate all food complaints including food poisoning allegations, unregistered and unclean premises.

All complaints relating to these matters should be immediately reported online to Council's Health Services.

Food Business Classifications

There are four classes of food premises, class 1, class 2, class 3 and class 4. The classification system means that regulatory requirements are better matched to the level of 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 ready to eat potentially hazardous food to vulnerable groups
  • Class 2: Premises that handle potentially hazardous unpackaged food (e.g. meat and dairy)
  • Class 3: Premises that handle unpackaged low risk food, potentially hazardous prepackaged foods or the warehousing or distribution of packaged foods (e.g. baked goods that do not require temperature control)
  • Class 4: Premises that only sell prepackaged low risk food and certain low risk occasional activities eg. a simple sausage sizzle (sausages, bread, sauce and onion only)

If you are classified as class 4, you do not need to register however, you must submit a Notification of a Fixed Food Premises.

Food Safety Programs

Class 1 and 2 food businesses must complete Food Safety Program and comply with any relevant documentation associated with the business.

Approved Templates can be found at:

Class 3 premises must maintain Minimum Records as required under the Food Act.

Food Safety Supervisors

Class 1 and 2 food businesses must have a qualified Food Safety Supervisor. The Food Safety Supervisor training must be completed through a Registered Training Organisation. For a list of Registered Training Organisations see the attached link on this page.

If you are a Class 2 Community Group / Not For Profit organisation you are exempt from the Food Safety Supervisor requirement unless you operate for more than two consecutive days.

Food Safety Program for Class 2 Retail and Food Service Businesses - No 1. Version 3

Record Keeping

Food businesses are required to fully implement their Food Safety Program (FSP), including the specified records as a minimum legal requirement under section 19D of the Food Act 1984. The FSP and records are designed to help you and your staff ensures the food you prepare, cook, reheat or store is safe for customers. Failure to adhere to the FSP, or the record keeping requirements can result in a range of enforcement actions, including Penalty Infringement Notices, Food Act Directions, and in some cases can lead to a council revoking or refusing the business Food Act registration.

If you are using the Department of Health and Human Services ‘Food Safety Program, no. 1, version 3’, you need to complete the following records. You also need to make sure they are kept on-site, along with the FSP, and are easily accessible. Note: be sure to keep blank copies of these records so you don’t run out.

The following records must be kept:

Record 1: My Food Suppliers
You are required to list the trading name, business address and contact phone numbers for all of your food and drink suppliers. It is important that suppliers of raw materials, such as bulk oil, flour or rice are also included. Remember to update this list as you change suppliers.

Record 2: My temperature checks of food in cold or hot storage
You are required to monitor and record the temperature of at least one high risk food in each refrigeration, freezer and hot holding unit within your business once per day. By checking and recording the temperatures, you help meet your obligation of making sure foods are stored at safe temperatures.

Record 3: My cooking temperature checks
You are required to monitor and record that the internal temperature of one menu item reaches 75⁰C or above at least once per month. You should use a clean and sanitised probe thermometer to accurately check the internal temperature of food.

Record 4: How I use the 2 hour/4hour rule for high-risk food
This record should only be used if you are storing or displaying food in the temperature danger zone >5C - <60C.

You are required to write down your usual practice for using the 2hour/4hour rule and make sure you and your staff understand it. This record needs to be updated if your practices change.

Record 5: My probe thermometer accuracy checks
You are required to calibrate each probe thermometer at least once per year to make sure it works properly and it accurately records temperature. Thermometers must be accurate to +/-1°C and corrective action logged if they fail (e.g. new batteries required or thermometer replaced).

Further Information

If you have any questions, please contact the Environmental Health Unit on (03) 9784 1915

To print more of these records, please see the Related Documents of this page. 

Or to download the full Food Safety Program template please visit:

Home Based Food Business

A Home Based Food Business is a food business that is operated from a place of residence. All requirements of the Australian Food Standards Code and the Food Act 1984 must be complied with as would be the case in a commercial food business.

Class 2 and Class 3 businesses storing or preparing small volumes of food for sale at local markets and fetes will be required to apply for plan approval and may have the ability to use the existing home kitchen. Adequate hand washing facilities in the immediate area of food preparation must be provided and the business must be able to separate the business activities from regular domestic food handling. A separate storage area will need to be provided; this includes a space for all dry goods and foods requiring cold or frozen storage.

Due to the high risk nature and quantity of foods being handled, Class 2 or 3 businesses storing/preparing larger volumes of foods for a commercial business may be required to set up an additional kitchen in the home. All applications will be assessed on an individual basis.

Please see attached guidelines under related documents.

Starting a New Food Business

It is strongly recommended that all Food Act businesses submit plans for approval prior to commencing any structural works or renovations.

You must comply with the Food Standards Australia New Zealand Standard 3.2.3 (Food Premises and Equipment).

  1. Complete an application form and attach a copy of the floor plan of the food premises. 
  2. An Environmental Health Officer (EHO) will assess your plans and write to you explaining any amendments required or construction conditions.
  3. Commence construction of the food premises.
  4. A final inspection of the constructed premises must be undertaken before any food can be brought onto the premises. If required, a progress inspection may also be carried out. All final inspections must be booked at least 2 days prior to the proposed opening date.
  5. Submit your Food Safety Supervisor Certificate and Registration Form along with the applicable fee.
  6. Once the final inspection has been conducted and all relevant documentation has been received, you will be issued with a Certificate of Registration.

Purchasing an Existing Business

Check that the business you wish to purchase is registered with Council. All businesses must register with the Council in accordance with Food Act 1984. 

When purchasing an existing business you are required under the Food Act to request a Transfer Inspection to determine any issues before settlement. Transfer requests must be in writing and allow at least 5 working days for the process to be completed.

You must complete and return to Council, the Transfer Registration form, Food Safety Supervisor Certificate, Food Safety Program (if applicable) and the relevant fee. Your EHO will then arrange an inspection of the premises and provide you with a written report. If a follow up inspection is required this can be arranged prior to settlement or in the weeks following after.

Temporary and Mobile Trading at Events in Frankston/Streatrader

If you operate a food van, food stall, food vending machine or a water transport vehicle you need to register with your principal Council. Streatrader is an online database for temporary and mobile food operators, which allows you to do that.

Your principal council is:

  • Where your business prepares or stores food to be sold from a van, stall, or vending machine; or
  • the district in which you usually store the equipment for a stall, or garage your food van or water transport vehicle; or
  • if none of the above apply - the district where your business address is located; or
  • if none of the above are in Victoria - the district where your mobile or temporary food business will first operate in Victoria.

If you have never applied on Streatrader, you will need to create an account and submit an application. An Environmental Health Officer will contact you to discuss your application. All fees for temporary and mobile premises are invoiced through Streatrader and once registered you will be emailed a Certificate of registration. All traders must lodge a Statement of Trade (SOT) at least five days prior to each event.

If you are storing or preparing foods for the markets in your home kitchen, you must apply for a Home Based Kitchen Permit which is available on the council website to download. All food must be prepared in a registered kitchen.

If you have any queries regarding Streatrader or temporary and mobile trading please contact the Environmental Health Unit on 1300 322 322.

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Frankston City Council
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Frankston 3199
P. 1300 322 322

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