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Food business inspections
We run a risk/performance-based food shop inspection program in conjunction with the NSW Food Authority. Food business owners are entitled to ask an inspecting officer for formal identification.
All food businesses are given a risk rating of high, medium or low, and must pay an inspection fee - see Council's fees and charges.
Risk rating is determined by the type of food being handled, how the business processes and prepares food, the size of the business and the types of customers served (such as babies or young children).
The risk rating is then used to determine the frequency of Council inspections. How a business has performed is also considered when determining inspection frequency.
Generally, businesses with excellent performance history will be inspected every 12 to 18 months. Businesses with poor performance history will be inspected every six to nine months.
A re-inspection fee is charged when a re-inspection is required.
Food businesses with excellent performance history
A business will achieve an excellent performance history when the previous two primary inspections have resulted in no breaches or only minor non-compliance. Based on the Scores on Doors program rating system, this is a 5-Star rating.
Businesses with a history of compliance are rewarded by less frequent inspections and therefore fewer inspection fees.
Businesses with poor compliance are subject to more frequent inspections.
Inspection frequencies are reviewed after each food premises inspection.
| Food business risk rating | Past performance history | Minimum inspection frequency |
|---|---|---|
| High risk business | poor performance | inspected every six months |
| High risk business | average performance | inspected every nine months |
| High risk business | excellent performance | inspected every 12 months |
| Medium risk business | excellent performance | inspected every 18 months |
| Medium risk business | average performance | inspected every 12 months |
| Medium risk business | poor performance | inspected every nine months |
| Low risk business | no performance history | inspected every three years |
Section 608 of the Local Government Act 1993 provides that Council's in NSW may charge approved fees for various services provided, including premises inspections.
Fees are placed on public exhibition for comment. In May of each year, Council's Draft Management Plan (including proposed fees) is advertised in the local press and placed on public exhibition for 28 days. Comments or objections from the public on the proposed fees and charged are invited during that period.
Following the 28-day exhibition period, comments and objections from the public are considered and Council then adopts the fees and charges, with any changes.
The current fees and charges are detailed in the Schedule of Fees and Charges.
Failure to pay fees may result in the debt being referred to a debt collection agency and details may be forwarded to credit authorities in the event of non-payment.
Scores on Doors
Scores on Doors is the NSW Government's hygiene and food safety rating system that enables consumers to make an informed choice about where to eat.
Following an inspection, businesses will be given a certificate showing their score. Ratings range from three stars, indicating a good level of food safety and hygiene compliance, to five stars, indicating an excellent level of food safety and hygiene compliance.
Any business with major hygiene and food safety issues will not be issued with a certificate to display. They may also be issued with a warning or improvement notices directing them to address the problem. They can also be fined and appear on the NSW Food Authority Name and Shame register. In the worst cases, a premises may be closed.
The NSW Food Authority has more about the Scores on Doors program.
Food business fines
Council officers can take action for breaches of food safety laws. This may happen after a routine inspection of a food business, or from an investigation of a complaint.
Under the Food Act 2003, Council officers can:
- issue a verbal or written warning
- issue a Penalty Infringement Notice (fine)
- institute legal action
- issue an Improvement Notice that requires work to be done within a given timeframe
- issue a Prohibition Order requiring the mandatory closure of a business until a further inspection has a satisfactory outcome
- seize food that is considered unsafe for human consumption.
Food businesses given a Penalty Infringement Notice (fine) may also be listed on the NSW Food Authority Name and Shame register.