Food safety


Most food businesses operating within the Byron Shire need to be registered with us or notified to the NSW Food Authority.

Notification allows government food agencies to assess food handling risks and maintain a relationship with food businesses including random routine inspections for medium to high risk businesses.

Tell us about your business 

Food businesses that must be registered with us include:

  • Children’s services such as child care or day care where food is provided

  • Importers who retail from their premises

  • Retail food outlets, such as:

    • cafés, restaurants, takeaway outlets

    • food stalls at periodic or one-off events

    • mobile food outlets, coffee carts, food trucks

    • seafood retailers that process (e.g. skin, gut, fillet, shuck) seafood, as long as they do not wholesale product – these need a Food Authority licence

    • but not: butchers – these need a Food Authority licence

  • Businesses which sell food as a smaller part of their business, such as:

    • chemists

    • cinemas

    • corner stores and convenience stores

    • petrol stations

    • sporting facilities

    • school canteens.

You can register you food business with us by completing a Food Premises Registration form(PDF, 91KB).

For more information contact our Environmental Health Team on 02 6626 7000.

NSW Food Authority 

Businesses that need to notify to the NSW Food Authority include:

  • Caterers not retailing the food at their premises

  • Egg farms producing no more than 20 dozen eggs in any week

  • Home food preparation where the food is not retailed at the premises, such as:

    • for catering businesses

    • for food stalls at periodic or one-off events

    • home-based businesses

  • Importers of food or food ingredients that do not retail from their premises

  • Manufacturers if they do not need a Food Authority licence

  • Poultry meat farms growing fewer than 100 birds

  • Transport of live poultry

  • Wholesalers.

The NSW Food Authority has an online registration service which may be accessed on their website. 


Some businesses are exempt from notification, these include:

  • Not-for-profit community or fundraising events where the food sold is either:

    1. Not potentially hazardous i.e. does not need temperature control, or

    2. To be consumed immediately after thorough cooking

  • Businesses that hold a Food Authority licence

  • Primary production food businesses such as farms other than dairy, egg or poultry meat farms, fishing or shellfish production – these are not exempt and need either a licence or to notify

If there is a change of ownership details by way of the above mentioned, please let us and the .

When commencing a new food business a Development Application may be required when it is necessary to install a new food preparation area or retrofit an existing area.

All works undertaken in constructing the premises must comply with the following standards and legislation.

  • Food Act 2003 and Regulations there under.

  • Australian Standard 4674-2004 Design, construction and fit-out of food premises.

  • Australian Standard 1668.2-2012 The use of ventilation and air conditioning in buildings – Ventilation design for indoor air contaminant control. 


Complaints regarding poor hygiene, food handling or unclean premises can be made by contacting our customer service centre on on 02 6626 7000

Complaints relating to poor hygiene, food handling or unclean premises for food shops licensed by the NSW Food Authority, such as butchers, should be reported to the NSW Food Authority.

Food poisoning events that impact multiple households should be reported to the NSW Food Authority on 1300 552 406. Council will investigate food poisoning complaints if those impacted are all from the same household.

Temporary food and market stalls

Anyone who wishes to operate a market stall for the sale of food within the Byron Shire must be registered and approved with Council. Food for sale includes all prepared and pre-packaged food.

This can be done by submitting the temporary food business / mobile food and drink outlet form(PDF, 230KB).

Vehicles used for the purpose of mobile food vending will be subject to annual inspections by our health officers. 

Mobile vendors are required to comply with the National Code for Food Vending Vehicles and Temporary Food Premises.