If you are thinking about starting your own food manufacturing or retail business in NSW, there are certain things you will need to know about the requirements and regulations that apply to you before you begin.

Food Manufacturing

If your business is going to be manufacturing food products, you will fall under the NSW Food Authority’s Manufacturer/Wholesaler Food Inspection Program. You will not require a specific licence to operate your business, as you will not be selling your products from your manufacturing premises.

Instead, you will need to notify the Authority of your type of business and all details of what you plan on manufacturing and where. You will still need to comply with the Australian New Zealand Food Standards Code, which regulates the safety of all food products. The parts that will apply to you will be the following:

  • Food Safety Practices and General Requirements (standard 3.2.2) which sets out how you can store food as well as display, packaging, transportation and hygiene requirements.
  • Food Premises and Equipment (standard 3.2.3) which regulates the design and construction of the premises, the fixtures and fittings required and other facility requirements including sewage, ventilation and hand washing facilities.
  • Labelling and other information requirements (Part 1.2) which states how you can label ingredients, the warnings you need and any nutrition information requirements
  • Substances added to food (Part 1.3) which provides information on food additives, vitamins and minerals and processing aids
  • Contaminants and residues (Part 1.4) which states restricted and prohibited plants, residue limits, and information on contaminants and natural toxicants.

You will also need to have a recall plan in place for your manufactured products, as the Authority has the power to conduct inspections of your business, the frequency of which depends on the risk of the products you are manufacturing. They will make sure you are complying with the Code including checking for cleanliness, pest control and food handling practices.

Food Retail

Businesses that retail food in NSW do not need to hold a licence with the Food Authority. However, it is likely you will need to notify your business details to your local council, as they will be regulating whether you comply with the appropriate standards. These include the Food Regulation 2010 and the Food Safety Standards relating to general requirements and premises and equipment.

Most councils will require you to get council approval before you can start operating your business. This might be in the form of submitting a business registration form or filing a development application. Some things councils are particularly concerned about include hygiene and rubbish control.

You will also need to have a designated Food Safety Supervisor who is trained in appropriate food handling. This is aimed at preventing customers from becoming ill as a result of incorrect food preparation. Councils have the power to inspect your business premises to make sure you are complying with all of these requirements.


Different types of food businesses may have more requirements to their specific industry than those listed above. If you would like advice on how to operate your food business, contact one of specialist business lawyers at LegalVision today.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Bianca Reynolds
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy