Food Businesses

A priority of The Shire of Esperance Health Services is to ensure that safe food is sold from food businesses. The Shire closely monitors all food businesses and requires them to comply with the Food Act 2008, Food Regulations 2009 and Australia New Zealand Food Code.

Food Safety Tips for Take Away & Food Delivery - Fact Sheet.

To find out more about any food related topics, please use the menu below.

Starting a New Food Business

Businesses wishing to sell or handle food must be registered as a food business in the Shire of Esperance.

Before any application for registration is submitted to the Shire, please ensure that you have the necessary planning and building approvals. The Shire of Esperance’s Fit Out Guide for the Construction and Operation of Food Premises will provide you assistance to prepare your application.

To register your food business in the Shire of Esperance you are required to submit the following items to the Shire:

Food Act Notification Registration Form

Application to Fit Out

Other items listed in the Fit Out Guide for the Construction and Operation of Food Premises; and

Buying an Existing Food Business

If you are purchasing an existing food business, a transfer of ownership form is to be submitted with applicable fees upon closing the business or prior to settlement and to advise of any changes to the menu and operators.  If you are planning to make changes to the building, ensure you obtain approvals first as these changes might require, planning, building and health approvals.

Once the form is completed, health services will conduct an inspection and you will be issued with a certificate of registration which needs to be displayed in the food premises. Food safety training certificates will also need to be provided for new staff.

Exempted Food Businesses

The Food Act 2008 provides for certain types of food businesses to be exempt from the requirements of registration.

These types of businesses are set out in the Food Regulations 2009 and are businesses that:

  • Are conducted solely for charitable or community purposes and prepare non-potentially hazardous food or food that, after being appropriately cooked, is served for immediate consumption;
  • Sell certain packaged food;
  • Provide complimentary drinks in conjunction with another kind of business;
  • Business involved in the  primary production and sale fruits and vegetable (unprocessed); and
  • Form part of premises registered under the Commonwealth Export Control Act 1982.

While exempted these food businesses are not subject to the same registration requirements, they must still notify as opposed to register the Shire of their intention to undertake food business activities prior to doing so, and provide the Shire with the following:

Additional reading:

Exempted Food Businesses

Registration of a Food Business

Food Safety Training

It is a requirement that all food handlers demonstrate their skills and knowledge appropriate to the level of food handling that they are employed to carry out.

The FoodSafe Online program is available free of charge through the Shire of Esperance. This is a self-paced online learning tool that food business operators can use to train their staff to minimum compliance levels in hygiene standards. A copy of the successfully completed training certificate will be required to be lodged with the Shire of Esperance for each food handler at the time of lodging your food registration application. On the payment details page, use the unique discount voucher FSESPER326 and it will apply the $35 discount. Participants need to complete the transaction and follow the downloadable instructions to register and start the course. A printable certificate is available for participants, once they have successfully completed the course.

To access the program please click the below link and follow the prompts. You will be redirected to the Environmental Health Australia website as the provider of the program:



FoodSafe is also still available for purchase as a hard copy or CD as another form of training designed to provide the food premise proprietor with an effective and low cost food safety program. The following languages are available: Cantonese, Mandarin, Vietnamese, Indonesian, Malay and Thai. Training packages are available for purchase from the following link:

FoodSafe Products

Food Safety Management Tools for Food Business

Standard 3.2.2A – Food Safety Management Tools is a new standard introduced across Australia to improve food safety in the following industries:

  • food service
  • retail
  • catering

The tools introduced in Standard 3.2.2A will enable your businesses to manage food safety risks more effectively which will help prevent foodborne illnesses, outbreaks, loss of revenue and reputational damage to your business.

The new standard will be enforced Australia-wide from the 8 December 2023.

Food safety management tools - Guide for food businesses on Food Safety Standard 3.2.2A.

Department of Health – Food safety management tools for food businesses.

food saftey

Temporary Food Stalls

Temporary food stall holders wishing to trade at approved events or markets within the Shire of Esperance require approval from Environmental Health Services. The process for gaining approval for your temporary food stall is as below:

  • Contact the event organiser to confirm that they will permit you to trade at their event/market;
  • If you are a community group, submit a Temporary Food Permit application form;
  • If your van or stall food business is already a registered food business with the Shire of Esperance, you do not need further approval, however, the event organiser may have other requirements, for example, public liability insurance;
  • If you are an approved food business in Esperance wishing to trade at another location than your approved location, you will need to submit a Temporary Food Permit application for the event;
  • If your food business is registered in another local government, please complete the Temporary Food Permit application and pay the applicable fee;
  • If you are not registered as a food business, please see the section above entitled "Starting a New Food Business";
  • If you want to sell unprocessed fruits and vegetables you only need to notify the Shire, please see the following information sheet outlining minimum standard requirements.
  • All temporary food stalls are required to conform to the following standards set out in the Food Act 2008. Markets and events are regularly inspected by Environmental Health Officers, who will check for compliance with these minimum standards.

Minimum Standards for the Operation of a Temporary Food Stall.

Food Hygiene

  • Disposable eating and drinking utensils are to be used;
  • All food and food containers are to be stored above the ground;
  • A physical barrier is to be provided by means of sneeze guards;
  • All condiments (sauce, mustard, etc) are to be contained in individually sealed packs or squeeze-type dispensers;
  • All disposable eating utensils are to be pre-wrapped in paper napkins or cellophane bags;
  • Drinking straws, paper cups, spoons etc, are to be either enclosed in suitable dispensers or protected from contamination and
  • Tables/trestles are to be covered with clean cloths or paper.


  • All cooking appliances are to be located within the stall and protected from contamination, and are not be within reach of the public;
  • Food is to be protected from contamination at all times and must not be displayed outside the stall;
  • The cooking area is to be kept free of dust-borne contamination and droplet infection (coughing / sneezing by the public);
  • A fire extinguisher is to be provided in every stall where open flame cooking occurs;
  • The stall walls are to be protected from heat, flame and splashing where cooking occurs; and
  • Raw food is to be kept separate from cooked food.

Food Temperature Control

  • All takeaway food prepared at the stall is to be for immediate sale and consumption or displayed in a suitable food warmer or food display which maintains the food at a temperature of at least 60ºC (hot food) or below 5ºC (cold food) or otherwise in accordance with the Food Act 2008;
  • Pre-prepared food products or pre-cooked food that promotes bacterial growth must be stored under refrigerated conditions (below 5ºC) or otherwise in accordance with the Food Act 2008; and
  • All raw foods and perishable foods must be stored under refrigerated conditions (below 5ºC) or otherwise in accordance with the Food Act 2008.

Stall Protection

An awning or fire retardant marquee is to be provided for the food preparation area to reduce dust / insect contamination. Unsealed ground is to be covered with a suitable impervious material.

Washing Facilities

Separate facilities are required for hand washing and utensil washing. A supply of hot and cold water must be available to the food stall. Disposal of all wastes must be to Shire's satisfaction. Liquid soap and disposable hand towels are to be provided at each stall.

Rubbish Disposal

Refuse receptacles with lids are to be provided in and near each stall. The refuse receptacles are to be emptied on a regular basis throughout the day. The refuse bins and surrounding area is to be kept clean at all times.

Mobile Food Businesses

Mobile food operators are expected to meet the standards of the Australia New Zealand Food Code which are applied to fixed premises. The application, approval and registration process is the same as for any new food business. See section Starting a new food business on our website for approval process.

The Shire's Guidelines for Operators of Mobile Food Businesses provides further information on the fit out and operation of a mobile food business.

A completed Application for Trader's Permit is required to be submitted and fees are applicable.


The Shire provides six leasable areas to operate mobile food businesses or other commercial trading activities. These leases are placed in locations that are a suitable distance from other established premises, and trading outside of these areas is generally prohibited on Local Government land.

Registered mobile food businesses can operate at approved events across the Shire, or on private property in conjunction with an existing business. Please note that any trading on private property will require planning approval.

It is important that a suitable location is confirmed prior to registering a mobile food business.

Family Day Care

There are fantastic opportunities to start a family day care in Esperance. A family day care provides a home care space for up to seven children in a residential dwelling.

To become a family day care provider you need to register with Family Day Care WA, and get health and planning approval from the Shire.

If you live in a house, you could potentially provide family day care!

If you are interested but not sure where to start, read our information sheet, or give the Business Support Team a call on 9083 1799 or email

Esperance is a great place to live, work and play.

Family Day Care Information Sheet

Home-Based Food Businesses

If you are interested in operating a food business from your residential kitchen, you will need to first check that you have the correct planning approval. Please phone the Shire and ask to speak to a Planning Officer. Once you have confirmation that you will not need planning approval or you have already received approval, follow the steps in the link Starting a New Food Business. The Shire of Esperance has also produced a fact sheet - Food Preparation in Residential Premises Fact Sheet - which provides information regarding the requirements and minimum standards for operating a food business from a residential kitchen.

Your application will also be assessed in line with Department of Health guidelines.

Food Labelling

All food businesses are encouraged to become familiar with labelling requirements. The guidelines to labelling requirements for food businesses are a summary of the basic requirements for compliant labels, and these guidelines also provide information regarding foods which may be exempt from bearing a label. The purpose of these guidelines is to assist you with meeting labelling requirements under the Food Standards Code. In most circumstances packaged foods for retail sale are required to bear a label however there are some exceptions.

General Labelling Requirements - What Must Appear?

To find a guide for correct food labelling procedures please follow the steps provided in the link Guideline to Labelling Requirements for Food

Free Allergy Awareness Resources for Businesses

The Shire of Esperance has included a collection of resources in order to assist food businesses to become more allergy aware, and to meet their obligations under the Food Act 2008 and the Food Standards Code.

These resources are:

Food Allergen Declarations

Signs and Symptoms of an Allergic Reaction

Action Plan for Anaphylaxis

More fact sheets for food businesses are available from the Department of Health website.

For additional information or assistance contact Environmental Health Services on (08) 9071 0676, email or call into the Shire Administration Centre on Windich Street.