Public Health

Overview

Council carries out routine inspections of business premises undertaking activities pertaining to public health. Here you will find important information about food safety, inspections of hairdressers, barbers, beauty salons, skin penetration premises, and smoke free environments. 

Food Safety

Make a Food-Related Complaint

To make a food complaint about retail businesses (except butchers) or food poisoning affecting one household, contact:

Wingecarribee Shire Council Customer Service

Telephone: 02 4868 0888

Emailmail@wsc.nsw.gov.au

To make a food complaint about butchers, food poisoning in more than one household, or other issues relating to food safety and labelling, contact:

NSW Food Authority

Telephone: 1300 552 406

OnlineFood Complaint Form
Emailcontact@foodauthority.nsw.gov.au
Websitewww.foodauthority.nsw.gov.au

Commencing a Food Business

It is a requirement of the Food Act 2003 and Food Standards Code that food businesses must notify the appropriate regulatory agency before they commence operations.

Food businesses that are regulated by Council are required to notify their business details to Council by using Notification of Food Business form. This applies to any retail food businesses except for retail butchers.

Examples of food businesses that are regulated by Council include:

  • Cafes
  • Retail bakeries
  • Restaurants
  • Take away shops
  • Pubs/clubs
  • Caterers
  • Supermarkets
  • Groceries
  • Convenience stores
  • School and college canteens; and
  • Childcare facilities that provide food

Businesses operating as a Portable Water Carter are recognised as a food business under the Food Act NSW and are required to notify council under legislation. For further information please refer to Water Filling Stations.

Food Business Notification Form

Other types of food businesses are regulated directly by the NSW Food Authority, and are required to submit their Food Business Notifications directly to them. These include:

  • Food wholesalers;
  • Food manufacturers, including home-based food manufacturers; and
  • Food businesses that require a food safety licence.

Food Business Notification to the NSW Food Authority.

Construction and Set-up of Food Premises

Guidelines for the establishment, construction and set-up of new food premises and the renovation of existing ones are based on the Food Safety Standard 3.2.3 (Food Premises and Equipment) and the Australian Standard 4674-2004 (Design, construction and fit-out of food premises).

View: (PDF, 4MB)Food premises design, construction and fit-out guide(PDF, 4MB) 

Food Safety Supervisor Requirement

NSW food legislation requires that certain types of food businesses must have a certified Food Safety Supervisor. Further information is available on the NSW Food Authority web resource Food Safety Supervisors (FSS) – Guide for businesses.

Home-Based Food Businesses

Development Control Requirements

Before commencing a home-based food business, you are responsible to ensure that:

  • the intended activity is permissible under the applicable development controls; and
  • if required, a Development Application (DA) approval for such activity is in place.

To enquire about the development application requirements that apply to a particular residential property, please contact Council's Duty Planner.

Food Safety & Hygiene Requirements

Information about food safety and hygiene requirements to home-based food businesses is available on the NSW Food Authority web resource Home-based and mixed businesses.

Temporary Food Stalls

The following links provide specific information regarding food stalls and food handling at temporary events such as markets, festivals and fairs:

Guidelines for food businesses at temporary events

Food safety requirements for charitable and not-for-profit organisations

For further information, please visit the Food Authority website

Mobile Food Premises

Trading on Private Land

A mobile food business trading on private land must:

  • obtain property owner’s consent;
  • comply with the provisions of Clauses 2.54A-2.54B of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and any other applicable planning controls;
  • submit the Food Business Notification Form to Council; and
  • comply with the applicable food safety & hygiene requirements (see below).

Trading on Public Land

  • A mobile food business is allowed to trade at approved markets and events as long as they:
    • obtain permission of the market or event organiser;
    • submit the Food Business Notification Form to Council; and
    • comply with the applicable food safety & hygiene requirements (see below).
  • Mobile food trading on public land outside approved markets and events is not permitted without Council approval under section 68 of the Local Government Act 1993. Council does not approve mobile food trading in public parks, reserves and roadside locations, with the exception of designated Rest Areas adjacent to Hume Freeway (see below); and
  • Council will only consider applications for mobile food trading in designated Rest Areas adjacent to Hume Freeway (Mackey VC Rest Area & Gordon VC Rest Area) if the applicant provides a letter of concurrence from the NSW Road & Maritime Services.

Food Safety & Hygiene Requirements for Mobile Food Premises

These guidelines inform businesses selling food from a mobile vending vehicle in NSW of their legal requirements in relation to the Food Act 2003 and the Food Standards Code. They provide information on basic requirements such as power supply and waste disposal and suggest ways to maintain food safety.

Guidelines for mobile food vending vehicles

For further information, please visit the Food Authority website. 

Food Hygiene Information for Charity Groups & Volunteers

The following links provide specific information for charity groups wishing to hold charity events such as sausage sizzles.

Sausage sizzles and barbeques 

Food safety requirements for charitable and not-for-profit organisations  

Further Information

Wingecarribee Shire Council - Environmental Health Officer

Email: mail@wsc.nsw.gov.au

Telephone: 02 4868 0888

Hairdressers/ Barbers and Beauty Salons

Those hairdressers/barbers and beauty salons that don’t carry out skin penetration procedures (see above) are required to comply with the standards specified in the Local Government (General) Regulation 2005 (Schedule 2) and may be inspected to ensure compliance with the standards.

 

Skin Penetration Activities

Skin Penetration includes the following activities:

  • Tattooing
  • Ear/nose/body piercing
  • Cutting nail cuticle
  • Hair removal (with the exemption of laser hair removal),
  • Cosmetic enhancement and semi-permanent make-up,
  • Beauty treatments which involve deliberate penetration or removal of the skin, such as microdermabrasion, micro-needling (e.g. derma rolling) and extractions during facials, and
  • Any other procedure prescribed by the regulations (which currently includes colonic lavage).

Note: this does not include any procedure carried out by a health practitioner registered under the Health Practitioner Regulation National Law, or by a person acting under the direction or supervision of a registered health practitioner, in the course of providing a health service.

All beauty salons and other premises where skin penetration activities have been carried out have a legal obligation to notify Council and are routinely inspected in order to ensure their compliance with the Public Health Act 2010 and Public Health Regulation 2012.

ViewNotification of Skin Penetration Procedures

Note: Council charges an inspection fee for inspections that are carried out.

Private Drinking Water Suppliers

Persons who supply drinking water from a private or independent water source in the course of a commercial undertaking (e.g. business or facility) are required to comply with the Australian Drinking Water Guidelines.

Compliance with the Australian Drinking Water Guidelines is required under the Public Health Act 2010 (Act) and Public Health Regulation 2012 (Regulations). This can generally be achieved by adhering to the contents of the NSW Health Private Water Supply Guidelines.

The Act and Regulations require drinking water suppliers to develop and adhere to a quality assurance program (or drinking water management system) from 1 September 2014. Further information about the quality assurance program and the responsibilities for affected businesses and facilities may be obtained from NSW Health.

Examples of businesses or facilities which may use private water supply include:

  • Bed and breakfast accommodation
  • Farm stay accommodation
  • Wineries
  • Home based childcare centres 

Examples of private water supplies include:

  • Rainwater tanks
  • Bore water
  • Dam water
  • Water carters

Smoke Free Wingecarribee

The Smoke-free Environment Act 2000 protects people from passive smoking in certain areas. These rules apply in Wingecarribee Shire. 

Smoke Free Areas

The following areas are to remain smoke free:

  • Within 10 metres of children’s play equipment in outdoor public spaces,
  • Swimming pool complexes,
  • Spectator areas at sports grounds or other recreational areas during organised sporting events,
  • Platforms of passenger railways, bus stops and taxi ranks,
  • Within 4 metres of a pedestrian access point to a public building;
  • All outdoor dining.

For more information about these rules contact:

NSW Tobacco Information Line

Telephone: 1800 357 412

Website: www.health.nsw.gov.au/smokefree

View: NSW Smoke-free Laws Fact Sheet

Smoke Free Outdoor Dining

Under the Smoke-free Environment Act 2000, smoking is not permitted in a commercial outdoor dining area which is:

  • a seated dining area
  • within 4 metres of a seated dining area on licensed premises, restaurant or café
  • within 10 metres of a food fair stall.

Licensed venues, restaurants, cafés and shops can order free signage, factsheets and other resources from NSW Health.

For those businesses using Council-managed land for outdoor dining purposes, the licensee of the business is required to ensure the area is smoke free and comply with all NSW Health requirements. In addition they must also comply with any other smoke free clauses as contained in their outdoor dining licence agreement. If there is a breach of licence agreement conditions, Council may issue a written warning or terminate a licence.

Any designated outdoor smoking areas in licensed premises and restaurants must meet the requirements of the Smoke-free Environment Act 2000.

Council's Smoke Free Zone Signage

In addition to NSW Requirements, Council adopted the rule of no-smoking within 10 metres of Council-owned buildings.

Council's Smoke-free Outdoor Areas Policy was adopted by Council on 27 May 2015.

Council's policy aims to raise awareness of and minimise the harmful effects of smoking (including passive smoking or second-hand smoking) on community health, local amenity and the natural environment.

Council encourages the community to get behind this initiative when occupying these smoke-free areas. Signage has been rolled out in order to assist with identification of these areas.

Enforcement and Penalties

NSW Health and Council are relying on general compliance by residents and businesses to keep these public areas smoke-free. NSW Health is responsible for the administration and enforcement of the Smoke-free Environment Act 2000.

For those businesses and individuals who fail to comply with these NSW Health rules, penalties may apply. 

For those businesses using Council-managed land for outdoor dining purposes, the licensee of the business is required to ensure the area is smoke free. If there is a breach of licence agreement conditions, Council may issue a written warning or terminate a licence. More information can be found at Smoke-free Outdoor Dining.

Report a Breach

If you think an outdoor smoking ban has been broken, report it to:

NSW Health

Telephone: 1800 357 412