Selling Food in SA
In South Australia, under Section 86 of the Food Act all food businesses must notify the appropriate enforcement agency before starting food handling operations.
The District Council of Yankalilla is the appropriate enforcement agency in this area.
Before you notify and start operating your food business, it is recommended that you contact Council’s Environmental Health Officer (EHO) to make sure you know what requirements your business needs to meet. The EHO may also discuss your business’ risk classification, if appropriate and will be able to advise you of any inspections that may be required as well as any fees that might apply.
Food Legislation
All food businesses in South Australia are required to comply with food safety legislation including:
- Food Act 2001
- Food Regulations 2017
- Relevant sections of the Food Standards Code; and the
- Public Health (Notifiable Contaminants) Regulations 2020.
What is a Food Business?
Under the Food Act 2001 a food business means a business, enterprise or activity (other than a primary food production business) that involves:
- The handling of food intended for sale; or
- 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.
Put simply a food business is any business or charity that sells food.
Examples of food businesses include cafés, caterers, food trucks, hotels, manufacturers, restaurants, service stations, supermarkets, catering and bed and breakfast type activities. This also includes “not for profit” community organisations fundraising, market stalls, etc.
All food businesses, from major food manufacturers to a local church group that holds a one-off food fair, have defined responsibilities under the legislation to ensure they make and sell safe food.
How do I Notify?
All food businesses must, before starting food handling operations, notify the Council of their existence by lodging a completed Food Business Notification (FBN) form.
Failure to Notify
If a food business does not notify the appropriate enforcement agency before starting, penalties and/or expiation fees under Section 86 of the Food Act 2001 may be applied.
Additional Notification Information
- If a business has multiple food premises, a separate notification form is required for each site.
- If there are any changes to the ownership, contact details, location or nature of the food business the business must notify the Council of the changes before the changes take place.
- There is no fee for notification.
- Mobile food businesses such as food trucks must notify the Council where the vehicle is normally garaged.
What Training do I Need?
In SA, food handling staff are not required to hold formal qualifications or attend a training course, however it is important (and a legal requirement) that food handlers have appropriate food safety and food hygiene skills and knowledge in line with the work they do. Council’s EHO can provide advice on what suitable training may be available.
What is a Primary Food Production Business?
Under Section 7 of the Food Act 2001, primary food production refers to the growing, raising, cultivation, picking, harvesting, collection or catching of food and associated onsite activities, with the exception of any ‘substantial transformation of food’, direct sale of food to the public or activities is regulated under the Primary Produce (Food Safety Schemes) Act.
If your business activities are deemed primary food production, you are not required to notify Council. However, there may be primary industries legislation that applies to your business where you may require accreditation.
There are also some activities where a business may be captured under primary food production as well as food business activities.
Visit the PIRSA Food Safety website for more information on primary food production.