Food Businesses & Home-Based Businesses
Kojonup is a community of hard-working, creative and entrepreneurial people. Whether you are opening a café, launching a home baking business, operating a food truck or running a trade from your rural property, the Shire of Kojonup is here to help you understand your obligations and get your business off to a great start.
Food Businesses
Do You Need to Register?
Under the Food Act 2008, every food business, community group or charitable organisation that provides food to the public is required to notify or register with the local government in which they operate.
It is an offence in WA to conduct a food business at any premises unless it is registered with the appropriate enforcement agency. Food business registration is not only required for fixed premises — it is also necessary to register your food business if you are operating a market stall, food truck or any other type of mobile food business.
The Shire of Kojonup is the enforcement agency for all food businesses operating within the Shire. Registration must be completed before you begin trading.
What is a Food Business?
A food business means a business, enterprise or activity that involves the handling of food intended for sale, or the sale of food, regardless of whether the business, enterprise or activity is of a commercial, charitable or community nature, or whether it involves the handling or sale of food on one occasion only.
This broad definition means it includes restaurants, cafés, bakeries, food trucks, market stalls, farm gate stalls, meal delivery services, catering businesses, and community sausage sizzles.
Notification vs Registration
All food businesses must notify the local government in writing of their intent to operate as a food business, as specified in Section 107 of the Food Act 2008. It is an offence under the Act not to provide the information required. The fine can be up to $10,000 for an individual and $50,000 for a company.
Some food businesses are required to register (and pay an annual risk-based fee), while lower-risk businesses may only need to notify. The Shire's Environmental Health Officer will determine the risk classification of your business and advise you accordingly.
Risk Classification
Food businesses are classified based on the types of food handled and the risk they present to public health. Higher-risk businesses — such as those handling raw meat, seafood, dairy or eggs — require more rigorous oversight and a higher level of compliance with structural and operational standards. Lower-risk businesses — such as those selling pre-packaged goods, baked items or jams — typically have simpler requirements.
Food safety for food businesses
What You Need to Set Up a Fixed Food Premises
Before opening a café, restaurant, shop, bakery or other fixed food business in Kojonup, you should:
- Check planning approval — Contact the Shire's Planning team to confirm your proposed use is permitted in the zone, and whether development approval is required before fitout or opening.
- Check building approval — Any construction, alteration or fitout of a food premises must comply with the Building Act 2011 and the Building Code of Australia. Contact the Shire's Building team.
- Meet food premises standards — Your premises must be designed, constructed and maintained in accordance with the Australia New Zealand Food Standards Code, including requirements for surfaces, ventilation, handwashing facilities, pest control and waste management.
- Complete a Food Business Notification/Registration Form — Submit this to the Shire's Environmental Health team along with a site plan and any other required documentation. Fees apply.
- Inspection — Before the food business is registered under the Food Act 2008, the local Environmental Health Officer will conduct a health inspection at the proposed business location. If the business is deemed to comply, a Food Business Registration Certificate will be issued.
Food Safety Training
Food safety training requirements changed in December 2022 when Food Standard 3.2.2A was introduced. This standard requires businesses that serve food to have one or more Food Safety Supervisors who have completed nationally recognised Food Safety Supervisor training, and to ensure all food handlers are trained according to the specifications listed in the standard.
Free online food safety training is available through the I'm Alert program. Contact the Shire's Environmental Health team for details.
Ongoing Obligations
Proprietors must notify the Shire in writing of any changes to their food business, including change of ownership, contact details, or food business activities. The penalty for not providing this information is $20,000 for an individual or $100,000 for a company under Section 113 of the Food Act 2008.
Home-Based Food Businesses
Many Kojonup residents produce and sell food from their homes — homemade jams, baked goods, chutneys, cakes and more. This is a great way to generate income, but it comes with specific requirements.
What's Allowed from a Home Kitchen?
Low risk food activities such as cake making and decorating, manufacture of jams, chutneys and pickled onions have historically been allowed to operate from residential kitchens. Where the activity is assessed as being either a medium or high risk it will not be permitted within a residential kitchen.
For the production of high risk foods or large scale production of low risk foods, a commercial kitchen separate to your domestic kitchen which complies with the Australian Standard for fit out of food premises must be provided. High risk foods are foods that require refrigeration to stay safe, such as meat, dairy, eggs and seafood.
Registration Still Required
Even if you are operating from home, you must still register your food business with the Shire. Home-based businesses must complete both the Food Business Notification/Registration Form and a Food from Home form. Applications must be accompanied by full recipe details for all foods to be prepared or manufactured, including a full ingredient list, manufacturing process details, storage conditions and a copy of the product label if required.
Planning Approval
Operating a food business from home may also require planning approval as a Home Occupation or Home Business under the Shire's Local Planning Scheme. Contact the Shire's Planning team to confirm requirements for your property before commencing operations.
Home-Based Businesses (Non-Food)
Many residents in the Shire of Kojonup operate businesses from their homes or rural properties — trades, consulting, professional services, arts and crafts, online retail and more.
Planning Approval
In Western Australia, operating a business from a residential or rural property is regulated through the local planning scheme. Depending on the scale and nature of your business, you may need planning approval as one of the following use categories:
Home Occupation — A small-scale occupation carried out from a dwelling by the residents, which does not generate significant traffic, noise, signage or customer visits beyond what is normal for a residential property. This is typically a permitted use in most residential and rural zones but may still require Shire approval.
Home Business — A slightly larger-scale business that may involve some customer visits, limited staff or additional signage. This use generally requires development approval from the Shire, as it can have a greater impact on neighbouring properties and the surrounding area.
Home Industry — Applies where some form of light manufacturing, storage or industrial activity is carried out on the property. This typically requires development approval and is subject to stricter conditions regarding noise, traffic, waste and amenity.
Key considerations the Shire will assess include: the impact on the amenity of surrounding properties; noise, odour, traffic and parking; signage; the number of staff or customers on site; and compliance with zoning requirements under the Shire of Kojonup Local Planning Scheme.
Other Approvals That May Apply
Depending on the nature of your home business, you may also need:
- A building permit if structures are being erected or modified
- Registration or licensing under State legislation specific to your industry (e.g. trades licensing, health practitioner registration)
- A food business registration if food is being prepared or sold
- A Stallholder's Permit if trading at markets or public events
Talk to Us First
The Shire of Kojonup encourages anyone thinking of starting a food or home-based business to contact us early. Our team can guide you through the planning, building, environmental health and any other approvals that apply to your specific situation — saving you time and helping you avoid costly mistakes.
Contact the Shire of Kojonup:
- Phone: 08 9831 2400
- Email: council@kojonup.wa.gov.au
- Office: 93-95 Albany Highway, Kojonup
- Hours: Monday to Friday, 8:30am – 4:30pm