Setting up a Food Business

Overview – please read first

All food businesses must:

• Comply with the following national regulations and standards:
  • The Food Act 2008 opens in a new window
  • Food Regulations 2009 opens in a new window 
  • Australia New Zealand Food Standards Code opens in a new window
• Have relevant approvals in place
• Be registered with the City of Cockburn.

The type of approval(s) required depend on whether you want to:

• Set up a new food business or alter an existing food business
• Take over an existing food business
• Prepare and/or sell food from home (i.e. a home-based business).

The following sections provide advice on the steps required to obtain the necessary approvals and register your food business.

Setting up a new food business or altering an existing food business

Steps to obtaining approval(s) and registration

1. Determine if you require planning approval: Refer to the Planning Application page for more information.
2. Determine if you require a building permit: Refer to the Building Permit Application page for more information.
3. Complete the ‘Application for Approval to Construct or Amend a Food Premises’: Upon completion, submit the application form (available below) with two copies of your plans to the City.
4. Pay the applicable fee: Following initial assessment of your application, the City will issue an invoice to you for the applicable application fee.
5. Arrange a final assessment: Following approval and when construction/alterations to your premises are almost complete, contact us to arrange a final assessment. Important note: You will not be able to operate your business until we have determined that Conditions of Approval have been met.
6. Complete the ‘Food Act 2008 Notification/Registration Form’: Upon completion, submit the form (available below) and relevant fee to the City. Refer to the form for fee amount.

Related forms and guide

Assessment process and timeframe

Your application will be processed within 2-6 weeks.

We will contact you if we require any further information or if you need to make amendments.

Following assessment of your application, you will be advised if approval has been granted or refused. If approved, we will provide an approval document with any specific conditions that have been imposed to ensure your new business complies with food laws.

Taking over an existing food business (without alterations)

Steps to registering your business

The steps below assume you will not be making alterations to the food business you are taking over. If you do want to make alterations, you will need to follow the process above.

1. Determine if you require a ‘settlement enquiry’: If the food business you are taking over is currently operating, it is recommended that the City undertakes a ‘settlement enquiry’.  The City will carry out an inspection of the premises and provide a written report to the settlement agent, advising of any outstanding work orders and registration fees. Please note, there is a fee for this service. 
2. Submit the notification/registration form within 7 days of taking over the premises: Complete and submit the 'Food Act 2008 Notification/Registration Form', with the relevant fee, to the City. Refer to the form for fee amount.

Setting up a home-based food business

In the interest of public safety, there are restrictions on the types of food that can be prepared in your home kitchen. All home-based food preparation will require approval from the City.

Types of food that may be approved

The following foods are generally approved:

• Cakes and cake decorating (excluding cream), biscuits and flour products
• Jams, chutneys, relishes, pickled onions and sauces
• Food for sale for charitable events (we recommend excluding meat, cream and eggs)
• Food for home stay and farm stay accommodation
• Repackaging of bulk, low-risk confectionary.

Steps to obtaining approval(s) and registration

1. Obtain pre-application guidance from the City: Contact us to find out if the food business you are planning is acceptable under the Food Act. 
2. Determine if you require planning approval for a home-based business/occupation: Refer to the Planning Application page for more information.
3. Complete the ‘Application to Prepare and Sell Food from a Residential Premises’: Upon completion, submit the application form (available below) with two copies of your plans to the City.
4. Site inspection: The City will contact you to arrange time to meet you at your residential premises. The purpose of the inspection is to provide further guidance and ensure the area where food is being prepared/sold complies with regulations.
5. Complete the Food Act 2008 Notification/Registration Form: Upon completion, submit the form (available below), with the relevant fee, to the City. Refer to the form for fee amount.

Application assessment and timeframes

Your application will be processed within 2-6 weeks.

We will contact you if we require any further information or if you need to amend your application.

Following assessment of your application, you will be advised if approval has been granted or if you need to amend your application. 

More information and contact

Please contact Health Services on 08 9411 3444 or at health@cockburn.wa.gov.au for more information on setting up a food business in Cockburn.