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The National Food Business Notification System

Information for State and Local Governments
June 2001

Executive summary
This paper is the culmination of two public consultations on a food business notification system, the deliberations of the working group convened to consider the issues raised by the consultations, and the agreements reached by State and Territory health departments on the scope and nature of the notification system and other recommendations of the working group in relation to Food Business Notification. This final proposal for a National Food Business Notification System outlines the scope of the legal requirement, and the policy and administrative considerations. It contains a Food Business Notification Form at Appendix 1 and, at Appendix 2, a short information sheet that can be used by States, Territories and local governments to provide information about food business notification. It is the responsibility of the appropriate enforcement agency, that is, local government together with the relevant State health department, to implement the notification system at the State and local level. In order to minimise the regulatory and administrative burden on business and governments, it is strongly recommended that agencies at the State and local level work with the Business Entry Point initiatives. Further information on these initiatives is accessible through www.business.gov.au. The Australia New Zealand Food Authority (ANZFA) will facilitate coordination between the Commonwealth and States and Territories on ways to implement the system efficiently, building on existing cross-government and national business initiatives.

What will be required?

The notification requirement seeks minimal information about a food business. The proprietor of a food business must provide: contact details for the food business;

details to identify the nature of the food business; and details of the location of all food premises to the appropriate enforcement agency. In most, but not all, States and Territories, this will be the local council. If a food business is not already registered as a food business, it will be an offence for the business not to provide the above information to the appropriate enforcement agency. Food businesses will need to notify once only, unless the notification information changes.

Who will have to notify?

Food businesses (other than those in primary industry) will be required to notify only if they are not required to register as a food businesses under the Food Act or any other law listed in the regulations under the Food Act in their State or Territory. Food businesses that are required to notify will need to do so regardless of whether they are high-, medium- or low-risk businesses. This means that businesses such as hospitals, restaurants and others, such as newsagents and service stations that sell food, will be required to notify themselves to their local council. Charitable and community groups will also need to notify. Simplified arrangements may be in place for some activities of charitable and community groups. Contact your local council or health department for details. Primary industry businesses will not be required to notify unless: 1. they are conducting food-handling operations such as food service, wholesale or retail operations, or processing food in a substantial manner; or 2. a decision is made by a State or Territory, on the basis of public health and safety considerations, to list a specific primary industry activity as a food business under the State or Territory's food law. This is likely to be an exceptional event. Notification is not required for individual food vending machines or vehicles used only to transport food, as they are not covered by the definition of 'food premises' in the Food Safety Standards. However, businesses that operate food vending machines, and food transport businesses, will be required to notify of the location of their operations.

When will businesses have to notify?

New food businesses must notify their local council before they start operating.

Existing food businesses, which are not registered food businesses under food or other recognised law, will have three months to notify their local council after the start of the notification requirement. The notification requirement can commence from February 2002. However, a later starting date may apply in some States and Territories.

Relationship to registration
Food businesses will only be required to notify their local council or register as a food business with their local council (depending on the local policy) but will not be required to do both. States and Territories will continue to determine food business registration requirements. Existing registration requirements will continue under the new Food Acts. Notification does not require prior approval by local council or compliance with any conditions, unlike food business registration. The food business notification requirement seeks minimal information from food businesses so that local councils know of their existence, can contact them when required and know what sort of food business they operate.

Introduction
This paper has been developed to explain the food business notification requirement contained in Food Safety Standard 3.2.2Food Safety Practices and General Requirements. Public comments were received on the initial proposal contained in Proposal P145 -Development of National Food Hygiene Standards,in July 1997 and the discussion paper onDevelopment of Uniform Food Acts for Australia and New Zealand,in February 1998. The comments on the notification proposal in these papers were taken into account in developing a discussion paper,National Food Business Notification System,in November 1998. The discussion paper presented the revised proposal for a further period of public comment. The National Food Business Notification System Working Group, comprising representatives from the New South Wales, Northern Territory, Queensland, South Australian and Victorian health departments; the Brisbane City Council; the National Association of Retail Grocers; the Mixed Business Association of Victoria; the Australian Quarantine and Inspection Service (AQIS) (later replaced by a representative from Agriculture, Fisheries and Forestry - Australia) and the Australia New Zealand Food Authority, has further developed the proposal for the food business notification system based on the response to the public discussion document of November 1998. The notification requirement will only apply to food businesses in the primary industry sector when businesses are conducting food service or retail activities, or undertaking substantial transformation of food. There is the possibility of an exception to this situation as a result of a Senior Officials Working Group (SOWG) decision on the applicability of the Food Act to the primary industry sector. SOWG is a working group of the Council of Australian Governments.

Further details of this decision are outlined under the Scope section of this document. Applicability to the primary industry sector is only likely to occur in exceptional circumstances and only if prescribed by a State or Territory.

Principles
The following principles have guided the development of the notification system: the appropriate enforcement agency is responsible for maintaining its own component of the notification system; minimised. the proposed notification system will not duplicate existing systems; and the administrative and financial burden on businesses and government should be

Objectives
The proposed objectives of the system are to: promote national consistency;

facilitate the development of a coordinated system that recognises existing food business registration systems; and facilitate the development of partnership arrangements between agencies and across levels of government where appropriate.

What is the food business notification requirement?

Under Standard 3.2.2Food Safety Practices and General Requirementsthe following is required: 1. The proprietor of a food business must, before the food business commences any food-handling operations, notify the appropriate enforcement agency of the following information: (a) contact details of the food business including the name of the food business and the name and business address of the proprietor of the food business; (b) the nature of the food business; and

(c) the location of all food premises of the food business that are within the jurisdiction of the enforcement agency.

(2) When complying with subclause (1), the proprietor must answer all questions asked by the appropriate enforcement agency in relation to the matters listed in subclause (1) in the approved form for the purposes of the Food Law. (3) The proprietor must notify the appropriate enforcement agency of any proposed change to the information specified in subclause (1) before the change occurs. (4) A food business that exists at the time of the commencement of this clause must provide the appropriate enforcement agency with the information specified in subclause (1) within three months of the commencement of this clause. The model food law also contains offences relating to failure to notify that a food business is being conducted. These provisions require that a business must not conduct a food business unless the proprietor has provided written notice, in the approved form, of the notification information to the appropriate enforcement agency. The maximum penalty proposed is $50 000 for an individual and $120 000 for a corporation. The food law also requires existing businesses to provide written notification in the approved form to the enforcement agency within three months of the start of these requirements. Maximum penalties of $50 000 for an individual and $120 000 for a corporation are proposed. In addition, the model food law provisions include an exclusion for food business notification where the food business is already registered as a food business under the Act or a law prescribed by the regulations. This latter provision has been included to ensure existing food business registration systems are not duplicated by the notification requirement.

Notification information
Appendix 1 includes the complete set of information required to meet the notification requirement of Food Safety Standard 3.2.2Food Safety Practices and General Requirements. This information has been developed to help in promoting a nationally consistent approach to the notification requirement by enforcement agencies.

Scope
Food business notification will apply to all food businesses other than those involved in primary food production and those that are registered as a food business under the Food Act or under a law prescribed by the regulations under the Act. Those businesses in the primary industry sector that also conduct food service or retail activities, or any process involving the substantial transformation of food (for example manufacturing and canning activities) will be required to notify the enforcement agency in relation to these latter activities. However, the SOWG has made a decision that will enable States and Territories to elect to nominate a food production activity as a food business for the purpose of the Food Acts. This

provision will enable States and Territories to require businesses in a sector of primary production to be covered by the requirements of the Food Safety Standards where it considers this necessary, for example for the protection of public health and safety. This will essentially be an opt inclause for areas of the primary industry sector, only if States consider this an appropriate course of action. If States elect to do this, businesses conducting these activities will be required to notify the appropriate enforcement agency of their existence. It should be noted that the notification system has not been specifically developed with the view of incorporating primary industry sectors. If States and Territories choose to include a primary industry sector under their Food Act they will need to consider this issue. Under the Food Safety Standards, food businesses will be required to notify if they are selling or handling food for sale. The requirement will apply regardless of whether the food is low, medium or high risk. This means that businesses such as hospitals, nursing homes, businesses in the food service sector and others, such as newsagents and service stations that sell food, will be required to notify their local council of their existence. There are very specific definitions under the Food Safety Standards for 'food business', 'food handling' and 'food' . These definitions are given in the glossary at the end of this document. They will help in understanding the notification requirement.

Relationship to food business registration

Food businesses will not be required to notify if they are registered as food businesses under the Food Act or under any other law listed in the regulations under the Act, or are not required to notify under the Food Safety Standards. States and Territories will continue to determine food business registration requirements. It is anticipated that any existing registration requirements will continue under the new Food Acts. Notification does not require any prior approval by local council or compliance with any conditions, unlike food business registration. Notification seeks minimal information from food businesses on a once-only basis, unless the notification information changes, so that the councils know of the existence of the businesses, can contact them if required and know the sorts of business that are operating. At the State and Territory level, the information required as part of existing food business registration processes should be consistent with the notification requirements, where possible. This is particularly important for the questions related to the nature of the business, which will be used to determine the priority classification of the business.

Relationship to the priority classification system and audit frequency

If food safety programs are adopted by States and Territories, food business notification will be the trigger for the enforcement agency to determine and advise the food business of its priority classification and initial audit frequency. Similarly, where registration systems exist, registration will trigger the same sequence of events.

If food safety programs are adopted, there will be a shift from inspection-based enforcement to the auditing of food safety systems. The initial audit frequency of a business will be based on its priority classification. Enforcement agencies will be able to determine the priority classification of a business through the answers to the questions asked of businesses under 'the nature of business' requirement of the notification system and reference to the nationalPriority Classification System, available through ANZFA and State and Territory health departments. Existing food business registration systems should similarly be capable of classifying food businesses in a manner consistent with the notification system.

Who has to notify?

The proprietor of the food business will need to notify the appropriate enforcement agency. The proprietor is the person carrying on the food business or, if that person cannot be identified, the person in charge of the food business.

The enforcement agency

The enforcement agency is the agency prescribed by regulations within the State or Territory under its Food Act for the purposes of this provision. In general, this will be local government. It is expected that State and Territory health departments will delegate the authority to enforce relevant sections of the new Food Acts to local government. However, it should be noted that this may not be the case for all States and Territories.

Contact details
Contact details such as the name and address of the proprietor, trading name of the business, and business and after-hours phone numbers, fax number and email address, if available, are requested.

Nature of business
Work has been undertaken to develop a set of questions and some guiding information to help food businesses describe the nature of their business to the enforcement agency as part of the notification process. These questions form part of Appendix 1. The questions will help identify the type of food business, seek information about the type of foods provided or produced, and seek other specific information to inform regulators of the general nature and category of the food premises and the inherent risk of the business to the community.

Location of the food premises

Proprietors are required to notify the appropriate enforcement agency of the location of all food premises. Food premises are defined under the Food Safety Standards as: any premises including land, parts of structures, tents, stalls and other temporary structures, boats, pontoons and any other place declared by the relevant authority to be premises under the Food Act kept or used for the handling of food for sale, regardless of whether those premises are owned by the proprietor, including premises used principally as a private dwelling, but does not mean food vending machines or vehicles used only to transport food. Further information in relation to food vending machines and vehicles is provided below.

When must businesses notify ?

New businesses will be required to notify before they begin operating. It will be an offence to begin operating before notifying the enforcement agency. Existing businesses will also need to notify within three months of the start of the notification requirement. It will also be an offence for existing businesses to fail to notify their existence to the appropriate enforcement agency. The only exception to this will be if the food business is already registered under the Food Act or under a law prescribed by the regulations.

Changes to the notification information

The enforcement agency must be notified of any changes to: name and address of the proprietor- the new proprietor is obliged to notify the appropriate enforcement agency of the change in proprietor. nature of the food business- if there is to be any change to the nature of the business (see the set of questions relating to 'nature of business' at Appendix 1) then the enforcement agency must be notified by the proprietor as this may result in a change to the food business's priority classification. location of all food premises of the food business- any change in the location of food premises (other than mobile premises) should be notified to the enforcement agency. Specific notification requirements for mobile food premises are included at Appendix 3. Enforcement agencies must be notified of any changes to the notification information before the change occurs. Such changes are usually known well ahead of the event occurring.
Charities, volunteer and not-for-profit organisations

Charities, volunteer and not-for-profit organisations will be required to notify theirregularactivitiesthat involve the handling of food for sale. However, States and Territories may implement simplified arrangements for these organisations.

Where food is prepared in homes on a voluntary basis for charitable and not-for-profit organisations, home owners will not be required to notify the enforcement agency. In such cases only the charitable or not-for-profit organisation is obliged to notify the enforcement agency of the fundraising activity. In addition, States and Territories have agreed to prepare supporting practical guidelines for charitable and not-for-profit organisations to help them understand and meet the food safety aspects of the Food Safety Standards. Charities, volunteer and not-for-profit organisations also often holdtemporaryeventsat which they sell food, as a means of fund raising. These organisations will be required to meet their obligations under the notification proposal for temporary food premises (see Appendix 2). However, States and Territories may implement simplified arrangements in this context.
Food vending machines and vehicles used to transport food

Businesses that operate food vending machines are required to notify as food businesses but are not required to notify each machine. Businesses that operate food transport vehicles are required to notify as food businesses but are not required to notify each vehicle.
Multiple premises across States or Territories

There is the potential, in conjunction with the Business Entry Point initiative at the State and local government level, to explore the practicality of businesses with multiple premises being able to notify once in a State or Territory, that is, to provide details of all food premises in the one notification. This aspect will be explored further as part of the work with States and Territories to facilitate a nationally consistent approach to implementation that minimises the regulatory burden on business.
Temporary food premises

Two classes of temporary premises can be defined and it is proposed they be treated independently as: regular temporary premises that may operate weekly, fortnightly, monthly, quarterly or at any other regular interval, whether commercial market stalls or fund-raising stalls, which should be treated as permanent food operations and supply notification information once unless the notification information changes; or single event or annual event temporary premises, whether fund-raising or commercial, for which notification would be in the form of a temporary events notification.

Mobile food premises

It is proposed that mobile food vendors, for example ice cream vans, should notify the appropriate enforcement agency where the vehicle is garaged or housed, and pay any notification fee to that agency. If the food vehicle operates permanently from one site, for example an after-hours fast-food van, the enforcement agency responsible for the area where the vehicle is stationed should be notified, even if the vehicle is housed in an area covered by another enforcement agency. Operators should be able to nominate whether the vehicle is a mobile vendor of foods or vends permanently stationed in one spot.

Food transport businesses

Food transport businesses are only required to notify of the location from which the business operates. The requirement in the Standards and Act do not require the registration details of vehicles.

Failure to notify
Significant penalties are proposed under the model food law for food businesses that

Contact

Australia
Boeing House 55 Blackall Street BARTON ACT 2600 Ph: +61 2 6271 2222 Fax: +61 2 6271 2278 PO Box 7186 Canberra BC ACT 2610 Australia Enforcement and Interpretation of the Code is the responsibility of State/Territory Health Departments within Australia and New Zealand. Click HERE for contact details Click HERE to contact us(FSANZ-Food Standards Australia and NewZeland)

Germany BMELVemail on 7/1/11 http://www.bmelv.de/EN/Homepage/homepage_node.html US http://www.registrarcorp.com/fda-food/registration/ http://www.fda.gov/food/guidancecomplianceregulatoryinfo rmation/registrationoffoodfacilities/default.htm

Registration of Food Facilities

Login / Create Account1 OMB Approval Number: 0910-0502 OMB Expiration Date: 08/31/2013 See OMB Burden Statement2. The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act) directs the Food and Drug Administration (FDA), as the food regulatory agency of the Department of Health and Human Services, to take additional steps to protect the public from a threatened or actual terrorist attack on the U.S. food supply and other food-related emergencies. To carry out certain provisions of the Bioterrorism Act, FDA has established new regulations requiring that:
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Food facilities are registered with FDA, and FDA be given advance notice on shipments of imported food.

The Bioterrorism Act requires domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the U.S. to register with the FDA by December 12, 2003. Owners, operators, or agents in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for consumption in the U.S. are required to register the facility with the FDA. Domestic facilities are required to register whether or not food from the facility enters interstate commerce. Foreign facilities that manufacture/process, pack, or hold food also are required to register unless food from that facility undergoes further processing (including packaging) by another foreign facility before the food is exported to the United States. However, if the subsequent foreign facility performs only a minimal activity, such as putting on a label, both facilities are required to register.

Register a Food Facility Online Quick Start Guide

Register a Facility -- Before you begin Choose the LOGIN button from the FDA Industry Systems page1, or the Registration of Food Facilities Home Page2 to get to the Login page. Login with your account ID and Password. (For help with creating an account see the Create New Account Quick Start Guide3.) Choose Food Facility Registration from the list of FDA Unified Registration and Listing Systems. Select "Register a Food Facility" from the menu buttons. Register a Facility -- Step 1
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Complete all required fields. You will be asked for information on the following topics: 4 o Section 1 - Type of Registration

Register a Facility -- Step 2

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Section 2 - Facility Name / Address Information5 Section 3 - Preferred Mailing Address Information6 (optional)

Register a Facility -- Step 3

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Section 4 - Parent Company Name / Address Information7 (if applicable) Section 5 - Facility Emergency Contact Information8 (optional for foreign facilities) Section 6 - Trade Names9 (if applicable)

Register a Facility -- Step 4

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Section 7 - United States Agent10 (foreign facilities only) Section 8 - Seasonal Facility Dates of Operation11 (optional) Section 9 - Type of Activity Conducted at the Facility12 (optional)

Register a Facility -- Step 5

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Section 10 - Type of Storage13 (optional) Section 11a - General Product Category -- Food for Human Consumption14 Section 11b - General Product Category -- Food for Animal Consumption15 (optional)

Register a Facility -- Step 6

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Section 12 - Owner, Operator, or Agent in Charge Information16 Section 13 - Certification Statement17

Under 18 U.S.C. 1001, anyone who makes a materially false, fictitious, or fraudulent statement to the U.S. Government is subject to criminal penalties. Read the terms of 18 U.S.C. 1001 and select I understand. Select "Continue"

Register a Facility -- Step 7 Review the information you entered for this Registration. If the information is correct, select Submit at the bottom of the page. If the information is NOT correct, select the EDIT button for a section to bring up the corresponding data entry screen. Register a Facility -- Step 8 Receive your Registration Number and PIN. Record this information, if you need to modify this registration at a later date, you will need the registration number to do so. If you plan to have another account owner update this registration, you may give this person the registration number and PIN to gain access. Note, however, that providing this person with the registration number and PIN allows them to also cancel the registration. To view the entire registration in its final form, select "View Complete Registration." To return to the Main Menu, select "Back to Main."

I'm ready to register a food facility18