Home Based Food Businesses

Manufacturing of foods at home for sale requires development consent from Council or alternatively may be undertaken as complying development if the provisions of subdivision 2 home businesses of the State Planning Policy (Exempt and Complying Development Codes) 2008 can be complied with.

Home-based businesses will need to comply with requirements of Food Safety Standard 3.2.3 and are normally restricted to producing low risk foods such as jams, chutneys and biscuits.

Important issues to be considered include: 

  • Separation of domestic and commercial uses;
  • Exclusion of pests, animals and children;
  • Smooth and impervious surfaces;
  • Dedicated hand washing facilities – supplied with warm running water through a common spout, liquid soap and paper towel; and
  • Adequate storage of potentially hazardous foods (e.g. refrigeration). 

The food business, if a manufacturer, must notify the NSW Food Authority of their existence. If the food business is a retail business then it must notify Council of its existence.

Council only has authority to inspect retail premises and as such manufacturing foods from home comes under the NSW Food Authorities jurisdiction. Currently the Authorities inspection program is limited to high risk premises or complaints. Ready-to-eat potentially hazardous foods such as sandwiches, salads, non-preservative sauces would be routinely inspected, whilst non-potentially hazardous foods likes jams, chutneys, biscuits would not. Whether the food business falls within the inspection program will be determined on a case by case basis.

The NSW Food Authority will inspect premises for compliance with Food Standards Code, including the Food Safety Standards 3.2.2 and 3.2.3. The availability of hand washing facilities is very important. 


Contact NSW Food Authority to obtain current inspection fees:

Inspections will be charged at current Authority inspection rates. 

NSW Food Authority
Telephone: 1300 552 406
Fax: 02 9741 4888
Email: contact@foodauthority.nsw.gov.au 
Mail:    Helpline Team, NSW Food Authority, PO Box 6682, SILVERWATER NSW 1811