Food Safety Act Victoria: Compliance Guide for Businesses

Launching or growing a food business in Victoria is full of promise. Whether you’re opening a cosy café, a fast food outlet, or developing a food product line, food service is an industry where passion and flavour meet strict regulation. Understanding and staying compliant with the laws around food safety is not just about ticking boxes – it’s crucial to protecting your customers, your brand, and your long-term success.

If you’re feeling overwhelmed by the legal requirements, particularly the Food Act 1984 (Vic), you’re not alone. Many small business owners wonder how to navigate Victoria’s food safety laws – and more importantly, what practical steps you should take to make sure your business is always on the right side of the regulations. The good news is that with the right preparation (and a little guidance from legal experts), you can meet your compliance obligations with confidence and get back to focusing on what you love.

In this guide, we break down the essentials of the Food Safety Act Victoria, what it means for you, and how to ensure your business is compliant from the very beginning.

What Is the Food Act 1984 (Vic)?

Let’s start by clarifying what the Food Act 1984 (often called the Victorian Food Act or Food Act Vic) actually covers. If you’re handling, preparing, selling, or transporting food in Victoria, this is the main law that applies to your business.

The Food Act 1984 (Vic) was designed to ensure that all food sold in Victoria is safe and suitable for human consumption. The Act gives effect to the national model Food Standards Code and requirements developed by Food Standards Australia New Zealand (FSANZ), but also adds specific local standards around business registration, food handling, safety plans, and council enforcement.

In short, the Food Act 1984 is your legal roadmap for food safety compliance in Victoria – and the government takes breaches seriously.

Why Does Food Safety Compliance Matter?

Complying with the Food Safety Act Victoria isn’t just a legal obligation; it’s essential for building customer trust, avoiding expensive fines, and protecting your reputation. Unsafe or unsatisfactory food handling can result in severe penalties – including prosecution, business closure, product recall, or compensation payouts if customers suffer harm.

If your business ever faces a complaint, the first thing local council or regulatory authorities will check is your compliance with the Act. Being on the front foot means you’re not only meeting your legal obligations, but you’re also giving your business the best chance to thrive in a competitive sector.

What Types of Businesses Need to Comply With the Food Act 1984?

If you operate a food business of almost any kind in Victoria, you’re caught by the Act. This includes:

• Restaurants, cafés, and takeaways
• Food trucks and market stalls
• Bakeries, butchers and delicatessens
• Manufacturers and food processors
• Online food businesses (selling cooked meals or ingredients direct to consumers)
• Caterers and event food vendors
• Any retailer or wholesaler selling food to the public

Even if you’re starting small, running a food business from home (for example, a baked goods side hustle) still brings you under the remit of the Victorian Food Act.

What Are the Key Food Safety Obligations Under the Food Act Victoria?

Let’s break down the main areas of compliance you need to know under the Food Act 1984:

1. Business Registration

Almost every food business operating in Victoria must be registered or notified with the relevant local council before starting trade. This registration needs to be renewed annually.

• Registration requirements depend on your food business classification (classes 1-4 based on the risk level of your activities).
• You’ll generally need council approval for your premises/location in advance.

2. Food Safety Supervisor

Most food businesses are required to nominate a trained Food Safety Supervisor (FSS) – someone with specific qualifications in food handling and food safety. This person oversees food safety practices and ensures staff follow procedures.

3. Food Safety Program

If you operate a higher-risk business (like a restaurant, caterer, or manufacturer), you need to have a written Food Safety Program that details how you identify, control, and monitor food safety hazards in your business.

• This program should be tailored to your operations and kept on site for inspection.
• It must be regularly reviewed and updated.

4. Food Handling Standards

Every person involved in food handling in Victoria has legal obligations to:

• Keep premises and equipment clean and sanitised
• Ensure food is stored, prepared and served at safe temperatures
• Prevent cross-contamination (e.g., keeping raw meat separate from ready-to-eat foods)
• Maintain personal hygiene (hand washing, sick leave if unwell)

These requirements also extend to training – so staff must be adequately trained in recognising and managing food safety risks.

5. Food Labelling and Packaging

The Act enforces specific rules around labelling, including the presence of allergens, nutritional information, and correct use-by or best before dates. Incorrect or misleading labelling can result in penalties.

To understand your precise labelling duties, see our full Guide to Labelling and Packaging Requirements in Australia.

6. Enforcement, Inspections, and Penalties

Local councils and Victorian food authorities have the right to inspect your premises without warning. They can issue improvement notices, prohibit unsafe practices, or prosecute breaches under the Food Act 1984.

• Common issues leading to penalties include poor recordkeeping, unsafe equipment, hygiene breaches, and operating without valid registration.
• Penalties for non-compliance can be substantial – ranging from official warnings to heavy fines or even order to close the business.

Step-by-Step Guide: How Do I Make Sure My Business Complies With the Food Safety Act Victoria?

Getting compliant with the Victorian Food Act is all about careful planning and ticking off the right steps.

Step 1: Develop a Business Plan

Before you start, invest the time in writing a business plan. Identify:

• The types of food you’ll sell
• Your preparation and sale methods
• The risks involved (for example, does your food need to be kept cold or cooked to a certain temperature?)
• Your resources (who will be your Food Safety Supervisor? How will staff be trained?)

Documenting these decisions early will help clarify which of the Act’s requirements apply to you.

Step 2: Choose the Right Business Structure

Decide if you’ll trade as a sole trader, partnership, company or trust. Each structure has different implications for liability and taxation (see our advice on sole trader vs company).

For food businesses, operating through a company is often preferred for limiting personal risk. Registration with the Australian Securities and Investments Commission (ASIC) may be necessary if setting up a company.

Step 3: Register With Your Local Council

Apply for registration or notification with your council before you start selling food. Councils will assess your business based on:

• Risk category (class 1-4)
• The safety of your premises design
• Your plans for food safety management

Don’t start operations until you’ve received formal council approval.

Step 4: Appoint a Food Safety Supervisor

Identify at least one team member with the required training, and submit their qualifications with your registration application (if applicable to your business type).

Step 5: Create and Implement a Food Safety Program

Tailor a program based on your processes and ensure your team follows it at all times. Update the program if you launch new menu items, move locations, or change food handling procedures.

Regularly review food safety risks as part of your ongoing compliance.

Step 6: Train Staff in Food Handling

All staff involved in food handling must be trained – often at a minimum to the Food Handler Level 1 standard, even if not the Food Safety Supervisor.

Document training sessions as part of your compliance records.

Step 7: Label and Package Food Legally

Make sure all packaged foods meet labelling standards, including declaring major food allergens (like nuts, gluten, eggs). Review packaging for accuracy and safety – this applies whether selling in-store or delivering online.

Step 8: Prepare for Council Inspections

Keep your premises clean, maintain good hygiene, and have your Food Safety Program (if required) readily available for inspection. Be prepared to show staff training records and evidence that procedures are being followed.

What Other Laws and Requirements Should Food Businesses in Victoria Know?

While the Food Act 1984 is the cornerstone, other laws are also critical for small businesses operating in the food sector:

• Australian Consumer Law (ACL): Covers product safety, honest advertising, refunds, and overall consumer protection. Read our Australian Consumer Law guide for food businesses.
• Employment Law: If you have staff, you must comply with Fair Work obligations regarding wages, leave, superannuation, and safe work conditions.
• Privacy Law: If you collect or store customer data (including online orders), you must comply with privacy laws and have a Privacy Policy in place.
• Intellectual Property (IP) Law: Protect your brand name, logo, recipes, or food innovations as IP. Learn how to protect your intellectual property.
• Health and Safety (WHS/OHS) Laws: Maintain a safe environment for staff and customers (for example, fire safety, proper storage of cleaning chemicals). See our Workplace Health and Safety guide.

Depending on your business, you might need to consider other sector-specific permits (like liquor licences) or comply with other industry standards.

What Legal Documents Will I Need for My Food Business?

Having strong contracts and policies in place is just as important as your food safety checks. Here are some of the most important legal documents for food businesses in Victoria:

• Food Safety Program: A written plan detailing your food safety processes (compulsory for certain business classes)
• Customer Terms & Conditions: Especially important if you sell food online or offer delivery/catering services. Outlines your returns, cancellations, and liability processes. Learn more about website T&Cs.
• Employment Agreements: Set out staff duties, workplace policies, and help prevent disputes with employees.
• Supplier Agreements: Essential when dealing with ingredient suppliers. Clarifies delivery, payment, and quality expectations. See details on why you need a supply agreement.
• Privacy Policy: Required if you collect or store customer data (like emails or payment info).
• Non-Disclosure Agreement (NDA): Useful if you share business plans, recipes, or product ideas with third parties.
• Shareholders or Partnership Agreement: If you’re establishing your business with others, this document helps clarify decision-making and profit-sharing from day one.

Not every food business will need every single document, but most will require several of these to manage risk and ensure compliance. Having your legal documents tailored to your business is always best practice – templates rarely cover all your unique risks, and mistakes in your contracts can lead to costly problems down the line.

Special Considerations: Food Startups, Online Food Sales, and Buying an Existing Business

What If I Sell Food Online or from Home?

The Food Act Victoria applies equally to online, home-based, or market stall food businesses. The registration process may differ, but your underlying safety duties and labelling requirements are just as strict.

Text-based customer interactions, such as those through apps or websites, mean your app terms and conditions or online shop terms are also under scrutiny. Make sure they’re clear, up-to-date, and comply with all relevant regulations.

What If I Buy an Existing Food Business?

If you’re purchasing an existing café, takeaway, or food factory, due diligence is vital. Check that the seller is fully compliant under the Food Act 1984, and that there are no outstanding fines, complaints, or food safety notices. Consider a business sale checklist and review all supplier contracts, staff agreements, and council registrations before finalising the deal.

You’ll generally need to re-register the business with your municipality after purchase.

Key Takeaways

• The Food Act 1984 (Victoria) sets strict standards for all food businesses in Victoria – registration, food safety plans, labelling, and handling are essential for compliance.
• All food businesses, including home-based and online operations, must register with their local council and appoint a food safety supervisor if legally required.
• Written food safety programs, staff training, and proper recordkeeping are central to compliance and protecting your reputation.
• Other legal obligations – including employment, consumer, and privacy laws – are equally important for running a successful, risk-free food business.
• Solid legal documents (supply agreements, employment agreements, privacy policies, and terms and conditions) are vital to managing risk and setting clear expectations.
• Regulatory compliance is not just a one-off task – it’s an ongoing process that protects your business against costly penalties or shutdown.
• Seeking legal advice early will save time, safeguard your business, and allow you to focus on delivering quality food to your customers.

If you would like a consultation on starting or reviewing your food business for compliance with the Food Safety Act Victoria, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

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