Home food preparation business

Know what's required when preparing food at home for sale or consumption to maintain essential food safety practices and standards.

If you are thinking of preparing food at home for sale or consumption then it is best to speak with Council’s Duty Planning Officer on 02 4934 9700 (available 8.30am to 12.30pm Monday to Friday at Council's administration building).

The Duty Planning Officer will advise you if development consent is required for your business. If development consent is required, then you will need to lodge the appropriate application along with the applicable fee for Council to assess.

Once you have been given consent or if Council's Duty Planning Officer advises that you do not need consent, you will then need to register your business with NSW Fair Trading and Council. 

All food businesses operating in Maitland must also adhere to Council's Food Safety Policy

Building requirements (must do's) for food preparation

If preparing food at home for sale or consumption, on a hobby, charity (including not for profit organisations offering in kind rewards) or commercial basis, then there are a number of standards that must be met.

The NSW Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows a dwelling to be used as a home business for the purpose of the manufacture of food for sale (subject to conditions). The development must:

  • Not involve the change of building use
  • Comply with Australian Standards 4674-2004 for design, construction and fit out of food premises.
  • Before you start any works you must obtain a Complying Development Certificate (CDC) via Planning Portal submission from Council or a private accredited certifier, which effectively is a combined planning and building approval.
  • Comply with all requirements and regulations under the Food Act 2003, the Food Regulation 2015 and the Food Standards Code (the Food Code does provide some exemptions for home based businesses).
  • Comply with the requirements of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Part 4A Division 1 Subdivision 2 Home Businesses

Guidelines/Advisory information

Inspections

Inspections will be undertaken on a risk assessment basis in keeping with Council's Food Safety Policy.