Business Classifications

Class 1 food premises handle un-packaged high risk foods for sale to vulnerable groups, such as hospitals, childcare centres, and aged care facilities.

A class 1 premises is:

• a facility listed in the table in this schedule at which potentially hazardous food is prepared for, or served to patients, residents, or other persons receiving services at the facility (other than that part of the premises that is a canteen or other place at which food is available to be served to members of the public or staff of the facility); or

   

• a food premises at which the principal activity is preparing ready-to-eat, potentially hazardous food for either or a combination of the following purposes:
  • to be served to patients, residents, or other persons receiving services at any of the facilities listed in the table in this schedule; or

     

  • (ii) to be delivered to aged persons in their homes or other persons who, due to illness, frailty or impairment are unable to prepare their own food; or
    
    
• a supported residential service at which potentially hazardous food is prepared for, or served to, residents, and the majority of those residents are aged persons.

Class 2 food premises handle un-packaged, potentially hazardous foods, or are a manufacturer that makes low-risk foods with an allergen-free claim. The majority of food businesses, including most restaurants, cafes, takeaway shops, pubs, supermarkets, caterers and manufacturers, fall under this classification.

A class 2 premises is a premises at which:

• any unpackaged potentially hazardous food is handled or manufactured; or

   

• low risk food is manufactured, for which any allergen-free claim is made other than –
  • a class 1 food premises; or

     

  • a food premises at which the only handling of unpackaged potentially hazardous food is of a kind which renders the premises a class 3 or a class 3A food premises or a class 4 food premises; or

     

  • a home-based or retail/service business that produces low-risk packaged or unpackaged foods for which an allergen-free claim is made.

Class 2 Factsheet(PDF, 176KB)

High Risk Class 2 Factsheet(PDF, 179KB)

Class 3A food premises is one at which one or more of the following food handling activities occurs:

• preparation and/or cooking of potentially hazardous foods which are served to guests for immediate consumption at an accommodation getaway premises; or

• food made using a hot-fill process resulting in a product such as chutney, relish, salsa, tomato sauce or any other similar food, that:

• is made at a home-based or temporary food premises (e.g. a hired kitchen); and
  
  
• has been heat treated to a temperature of not less than 85 degrees Celsius and then filled and sealed hot into its packaging; and
  
  

• is acidic (pH of less than 4.6); and

• has salt or sugar or any other preservative added.

Accommodation premises

Accommodation getaway premises provide hosted, short-term accommodation where food is prepared and served to guests on request. Examples include bed and breakfast, farm-stays, guesthouses, nature retreats, and motels. Registration under the Food Act 1984 is required if food is offered as part of the accommodation. A class 3A classification applies if potentially hazardous food is prepared and served to guests with the intention that the food is immediately consumed.

However, a class 3A classification does not apply to the following scenarios:

• for meals prepared in advanced, stored under temperature control, and served on request
• for meals served to members of the public
• food prepared with the intention that it is consumed off-site.

In these situations, the business would be considered a class 2 food premises.

Food made using a hot-fill process resulting in a product such as chutney, relish, salsa, tomato sauce or any other similar food

The hot-fill process means food that has been heat treated to a temperature of not less than 85 °C and is then filled and sealed hot into its packaging (for example, jars or bottles of jam, chutney, relish, or any other similar food).

The food safety risks associated with home-based or temporary food premises that process food, using a hot fill technique is C. botulinum and toxins. C. botulinum is an anaerobic, spore forming organism that may survive the heat treatment process.

It is important that correct food handling practices are implemented to control the risks. For this reason, all class 3A food premises must have a food safety supervisor that is aware of the risks associated with creating foods such as chutney, and how these risks are controlled.

The boiling of the food product and the addition of salt (5%w/v) to lower the water activity, and vinegar (pH <4.6) removes the largest food safety concerns relating to toxins produced by C. botulinum.

Food premises not following these prescriptive requirements will remain a class 2 food premises.

Class 3A Factsheet(PDF, 160KB)

A class 3 food premises is one at which one or more of the following food handling activities occurs:

• the handling of unpackaged low risk food;
  
  
• the warehousing or distribution of pre-packaged foods;
  
  
• the sale of pre-packaged potentially hazardous food;
  
  
• the sale of shell eggs;
  
  
• offering members of the public a free sample of a potentially hazardous food for immediate consumption if that food is, or will be, available for sale at the premises in a packaged form;
  
  
• the sale of ready-to-eat, potentially hazardous food by a community group if –
  • all of the food is cooked on site with the intention of being served immediately; and
  • the majority of persons involved in the handling of the food are volunteers; and
  • this activity takes place at the premises for a maximum of two consecutive days at any one time;
• making of sweet or savoury foods which do not require temperature control for food safety, for a minimum period of 24 hours that are:
  • uncooked and that may or may not contain dry nuts (whole or crushed), seeds, dry fruits, protein powder (or similar supplement), and other low risk ingredients; or
    
    
  • (ii) after baking, are a low-risk food (includes but not limited to cakes (including fruit cakes), cupcakes (with or without icing), bread, biscuits, crackers, muffins, croissants, and other pastry where all the ingredients are cooked); and
    
    
  • have no potentially hazardous foods added to the product after baking (e.g. fresh cream, custard).

Class 3 Factsheet(PDF, 158KB)

A class 4 food premises is one at which the only food handling activities are one or more of the following:

• the sale to members of the public of:
  • pre-packaged low risk food; or
    
    
  • sausages that are cooked and served immediately, with or without onions cooked at the same time, and bread and sauce – when cooked and sold at a temporary food premises or by a non-profit body; or
    
    
  • packaged or covered cakes (other than cakes with a cream filling) at a temporary premises by a community group; or
    
    
  • biscuits, tea or coffee (with or without milk, soy, almond or any other liquid) at a temporary premises by a community group;
    
    
• a wine tasting for members of the public, which may include the serving of cheese or low risk food that has been prepared and is ready to eat;
  
  
• the sale to members of the public or the wholesale of whole (uncut) fruit or vegetables;
  
  
• the handling of low-risk food or cut fruit or vegetables and the serving of that food to children at an education and care service premises within the meaning of the Education and Care Services National Law Act 2010, and children’s services within the meaning of the Children’s Services Act 1996;
  
  
• offering members of the public a free sample of a low-risk food for immediate consumption if that food is, or will be, available for sale at the premises in a packaged form;
  
  
• serving of coffee, tea (with or without milk, soy, almond or any other liquid), alcohol (including the addition of sliced fruit, pasteurised dairy products), water, soft drink (except fermented soft drinks containing a live culture) intended for immediate consumption, but does not include unpasteurised processed fruit or vegetables (e.g. fresh juice) or any drink which has any other potentially hazardous food added, such as unpasteurised egg;
  
  
• the handling and serving of food at a family day care service premises, residence and approved family day care venue within the meaning of the Education and Care Services National Law Act 2010.

Class 4 Factsheet(PDF, 178KB)