Public Health

Tamworth Regional Council is committed to protecting the health and wellbeing of the community. Council conducts regular inspections on business where there may be risks to public health due to unsanitary conditions, poor hygiene and inadequate maintenance. This helps minimise the risk to the community and make operators aware of their responsibilities.

Food Premises

If you operate or intend on operating a food business, you need to be aware of the relevant health, planning and environmental issues associated with the business. As well as applying to Council to establish a new business, alter or relocate an existing one, operators need to comply with the Food Act 2003 and Food Safety Standards Australia New Zealand. Australia New Zealand Food Authority (ANZFA) Food Standards Code.

Food Standard Code 3.2.2A Food Safety Management Tools

School canteens, children's services that supply food, supermarkets, greengrocers, delis, coffee vendors that sell food, correctional centres and boarding schools have until 8 December 2024 to comply.
Standard 3.2.2A aims to improve food safety by introducing 3 tools:
• Food Safety Supervisor (FSS)
• food handler training
• showing food is safe.  
For more information you can go to Standard 3.2.2A Food Safety Management Tools.

New Food Business or Change of Food Business

What you need to know before setting up a new food business or moving your business to a new location:

Fixed Food Premises

Potential operators of a new or existing food business must ensure that they have an understanding of the relevant health, planning and environmental issues associated with the business.

Before starting a new food business, be sure to confirm that the premises you will be operating from is approved for this use, and if it is, that you’re familiar with the conditions of the approval.

For further information on the planning and approval process you can contact Council’s duty planner by emailing Development@tamworth.nsw.gov.au or calling (02) 6767 5507.

Once you have confirmed the appropriate approvals are in place, you’ll need to notify your business details with Council before commencing operations, and any time you change business details after that.

All required information is captured in the Food Notification Form | Tamworth Regional Council

Further information about setting up and running a food business can be found here.

Mobile Food Business

If you are wishing to operate a mobile food vehicle on public land you must obtain approval from Council before you can trade.

To obtain approval to operate a mobile food vehicle on public land, you can contact Council’s Development Hub by emailing Development@tamworth.nsw.gov.au or calling (02) 6767 5507 to discuss the approval process.

If you wish to only operate a food vehicle on private land, then you may not require a mobile food vending approval – however you must have the land owners consent, and comply with all of the exempt development standards for mobile food and drink outlets.

Do I need to notify?

You will need to notify your business details with Council by completing the Food Notification Form | Tamworth Regional Council

You may be subject to inspections from Councils Environmental Health Officers before or during an event.

More information on the requirements for mobile food vendors can be found at Mobile food vendors.

Markets and Temporary Food Events

All temporary food businesses must notify Council of their business details before applying to trade at an event using the following form Food Notification Form | Tamworth Regional Council.

You may be subject to inspections from Council's Environmental Health Officers before or during an event. Participation at events and markets is generally at the discretion of each event organiser so it is best to contact them directly to discuss their site availability.

More information on the requirements for temporary food stalls can be found on the NSW Food Authority’s page Markets and temporary events.

Home Based Food Businesses

Do I need approval if I would like to prepare and sell food from home?

If you wish to prepare and sell food from home you will need to lodge a development application with Council to seek planning approval. A development consent is required for all applications that involve the preparation and sale of food from a residential premises.

For more information regarding the development application and approval process you can contact Council’s duty planner by emailing Development@tamworth.nsw.gov.au or calling (02) 6767 5507.

Once you have confirmed the appropriate approvals are in place, you’ll need to notify your business details with Council before commencing operations.

All required information is captured in the Food Notification Form | Tamworth Regional Council. You can find further information on home-based businesses here

Food Business Frequently Asked Questions

1. Why should I pay the notification fees?

The fee covers all administrative tasks related to the registration of notifiable premises with Council. Administrative tasks include financial processing, data management and alterations to Council registers, and the provision of technical advice from staff. It also allows Council to identify any unapproved development and work with the owners to legitimise their business operations.

2. What happens if I fail to notify Council?

Operating a new food business or moving your business to a new location without notifying Council is an offence and penalties may apply.

3. Does the notification requirement apply to every food business?

Yes the notification requirement applies to every new fixed, mobile or temporary food business, unless the food business is licensed by the NSW Food Authority

4. What do I do when I want to open a new food business, or make alterations to an existing business?

If you are planning to establish a new food business, or alter an existing business then you will need to confirm if any planning approvals may be necessary.

A Development Application or Construction Certificate may be required for applications that involve the change of use of premises, structural building work or new developments.

5. Is there any information that can help me with the design of my food business?

A food business must be designed and constructed to satisfy the requirements of Food Safety Standard (FSS) 3.2.3 – Food premises and Equipment.

6. What do I do when the alterations to my food premises have been completed?

You must contact Council’s Environmental Health Officers no less than twenty-four (24) hours prior to opening to enable them to inspect the premises.

Food Inspections, Enforcement and Recalls

Tamworth Regional Council Environmental Health Officers inspect most retail food premises that sell food in the region to ensure they are meeting their legal food safety requirements. Other licenced premises are inspected by the NSW Food Authority.

What should I expect during an inspection from Council?

Inspections are generally unannounced and can occur at any time your food business is trading.

Inspections are primarily focused on checking compliance with the Food Act 2003 and the Food Standards Code. This will include an assessment of:

The design, construction, fit out and condition of the premises;
How the business prepares, processes, stores, and displays food; and
How the business manages pests, waste, and other potential risks to food safety.

Fees are charged for inspections, which can be found in Council’s published schedule of Tamworth Regional Council - Fees & Charges - Fees & Charges .

Food Recalls

A food recall is an action to remove from distribution, sale and consumption, food which may pose a health and safety risk to consumers. Food recalls are coordinated and monitored by Food Standards Australia New Zealand.

Tamworth Regional Council does not generally coordinate or enforce food recalls. All complaints about recalls should be made to the NSW Food Authority Contact Centre.

phone 1300 552 406, Monday to Friday - 8:30am to 5:30pm
voice mail service is available after hours on 1300 552 406
email contact@foodauthority.nsw.gov.au

fax (02) 9647 0026

Food Safety Offences - Name and Shame Register

Tamworth Regional Council Environmental Health Officers inspect most premises that sell food in the region. Other premises are inspected by the NSW Food Authority.

On occasion, Council officers will issue penalty notices but only after considerable efforts have been made to rectify a situation with the operators of the food business. Serious food safety offences may result in penalty notices being issued by Council without warning. Individuals and businesses may receive either a penalty notice for their alleged offence or be prosecuted before a court.

If Council issues a penalty notice, details are provided to the NSW Food Authority who publishes lists of business that have been issued with penalty notices or found guilty before a court for breaching food safety laws. This is known as the Name and Shame Register. Visit the NSW Food Authority Offences page to find out more.

Scores on Doors

Scores on Doors is a NSW Food Business hygiene rating program run in partnership with the NSW Food Authority. Tamworth Regional Council has been taking part in the Scores on Doors initiative since August 2016, helping our local community make informed choices about where to purchase food.

Scores on Doors gives consumers a quick, visual and transparent means of assessing the hygiene of a food business by way of a star rating system. A star rating of 3, 4 or 5 is issued to each business by Council once they have been inspected.

The star rating indicates how they meet their legal food safety requirements – 3 stars is good,4 stars is very good and 5 stars is excellent. The program is voluntary and businesses can choose if they wish to participate.

The rating is not for either the taste of the food or the standard of service the business provides.

If you’re a resident who would like to learn more about the Scores on Doors program, please visit the NSW Food Authority’s Scores on Doors Consumer Information page.

For local food business operators:

Council has developed a self-assessment checklist (PDF200.1KB) based on the Food Premises Assessment Report, that food businesses can download, print off and complete regularly to help you assess how well you are doing and identify areas that might need improvement.
Find out more about what you need to do to achieve the highest rating by reading the fact sheet How to Achieve a Higher Rating (PDF505.2KB).
If you wish to have a re-inspection to review your star rating, download the application form (PDF218.3KB) and return it to Council for the Environmental Health Officers to assess.

View the latest Scores on Doors ratings in our region here (PDF 113.8KB)

Food Complaints

How can Council help me with food complaints?

Our Council Environmental Health Officers investigate a range of food complaints within the Tamworth Council area including:

single case food poisoning
food handling
food contamination or foreign substance in foods
the hygiene of a food premises

To make a food complaint, please contact the Council Customer Service Centre on 02 6767 5555 or through the MyTRC app.

Food Poisoning

If you suspect you have food poisoning, please seek medical help immediately.

If you file a complaint about food poisoning, please have the following information:

the nature, time and location of the incident
details of the restaurant, function or event where you believe you consumed the contaminated food including full street address details
if anyone has become ill, their symptoms and when they started to become ill
what they ate at the suspected meal and what others ate as well, including dips and sauces

if there is any left-over food that could be tested if an officer determines this is warranted.

Skin Penetration Services

Any premises where skin penetration services are undertaken in the Tamworth Region are subject to an annual inspection by Council’s Environmental Health Officers.

This ensures these businesses comply with the Public Health Act 2010 and Public Health Regulation 2022, are maintained in a clean and sanitary condition, and are suitably constructed to ensure hygienic conditions are maintained.

It is a legislative requirement for any premises where skin penetration treatments are carried out, to be registered and approved with Council before commencing trade. This includes any premises that carries out one or more of the following services in a fixed location or a mobile business:

Acupuncture
Beauty treatments
Body, nose and ear piercing
Cosmetic enhancements
Colonic lavage
Tattooing

For further information on the regulations and standards regarding skin penetration services, visit the NSW Department of Health information page or contact Council’s Environmental Health Officers on 02 6767 5555.

New Business or Change of Location

What you need to know before setting up a skin penetration business or moving your business to a new location?

Before starting a new skin penetration business, be sure to confirm that the premises you will be operating from is approved for this use, and if it is, that you’re familiar with the conditions of the approval.

You can contact our duty planner by emailing Development@tamworth.nsw.gov.au if you unsure or by calling (02) 6767 5507.

Once you have confirmed the appropriate approvals are in place, you’ll need to register your business details with Council before commencing operations, and any time you change business details after that.

All required information is captured in the Tattoo, Body Piercing and Beauty Treatments Notification Form

Frequently Asked Questions

1. What do I do if I am already a registered business?

Nothing, unless there are changes to, for example, the name, address or owner of the business, then you must notify Council about these changes before they take place.

2. Why should I pay the notification fees?

3. What happens if I fail to notify Council?

Operating a new skin penetration business or moving your business to a new location without notifying Council is an offence and penalties can apply.

4. Does the notification requirement apply to every tattoo, body piercing and beauty business?

The notification requirement applies to every business that provides skin penetration treatments.

Home-based skin penetration business

If wish to offer skin penetration services from your home you will need to make a development application to Council. A Development Consent is required for applications that involve the provision of skin penetration services from a residential premises.

For more information regarding the development application and approval process you can contact Council’s duty planner by emailing Development@tamworth.nsw.gov.au or calling (02) 6767 5507.

Once you have confirmed that the appropriate approvals are in place, you’ll need to notify your business details with Council before commencing operations.

All required information is captured in the Tattoo, Body Piercing and Beauty Treatments Notification Form.----

Skin Penetration Services - Inspections and Enforcement

What should I expect during an inspection from Council?

Councils Environmental Health Officers can conduct unannounced inspections at your premises any time you are trading. Inspections are primarily focussed on checking compliance with the Public Health Act 2010 and Public Health Regulation 2022. During the inspection, the officer will assess the following:

Design, construction and fit out of the premises;
Cleaning and disinfecting processes;
Sterilisation of skin penetration equipment;
Record keeping
Waste management.

Fees are charged for inspections are in Councils published schedule of Tamworth Regional Council - Fees & Charges - Fees & Charges .

Water Cooling Towers

Council regulates water cooling systems, also known as cooling towers, under the Public Health Regulation 2012 and Public Health (Microbial Control) Regulation 2000 .This is to minimise the risk posed by Legionella and other bacteria, which favour the warm, moist environments of cooling systems.

All water cooling systems must comply with AS /NZS 3666.2: 1995 and AS /NZS 3666.3: 2000, which can be obtained from the Australian Standards.

All water-cooling systems located within the Tamworth Regional Council area must be registered with Council and be equipped with an operating and maintenance manual. Council will inspect water-cooling systems annually, including operating manuals and records.

If a water-cooling system is located on a premise that you own, it is your responsibility to ensure that council is provided with the necessary information.

What should I do if I own premises with a water-cooling tower on the roof?

The owners of premises are required to notify Council:

within one month of the purchase of premises which has one of these systems
within one month of the installation of one of these systems

The owner or occupier of the premises must also ensure:

that regular maintenance is carried out and that records of such maintenance are kept on the premises
certification is provided stating that the cooling tower complies with the disinfection requirements of the Australian Standards

How do I know if I have a water-cooling tower on my premises?

Ask the landlord or company that services the air conditioning system. Do not attempt to access the roof to identify your cooling system unless you are equipped to do so, as this may be dangerous. Identifying a system is not easy unless you are a specialist in this field.

For further information please refer to the regulations and standards at NSW Department of Health or Standards Australia. General information regarding Legionella can be found at NSW Department of Health or by contacting Council’s Environmental Health Officers on (02) 6767 5555.

Public Swimming and Public Spa Pools

Tamworth Regional Council has embarked on a program of inspecting public swimming and public spa pools in the Tamworth Regional Council area in accordance with the requirements of the Public Health Act 2010 and Public Health Regulation 2012 which regulates the public health risk associated with these facilities.

Public swimming pools and public spa pools can become contaminated with disease causing organisms, which may be introduced into the water from bathers (from their skin, saliva, urine, or faeces) or environmental conditions such as dust, bird droppings etc. These disease-causing organisms can be effectively killed off when appropriate disinfection measures of pool water are taking place.

If swimming pools and spa pools are not adequately disinfected and cleaned they can allow medical conditions to be transmitted, such as:

bacteria associated with eye, ear and skin infections;
carbuncles and wound infections
fungi that lead to athletes foot and tinea;
urino-genital, skin and nail infections
viruses which can cause gastroenteritis and pharyngo-conjunctival fever
protozoa which cause Cryptosporidiosis and Giardiasis.

A public swimming pool means a swimming pool or spa pool to which the public is admitted, whether free of charge, on payment of a fee or otherwise, including those swimming pools and spa pools:

to which the public is admitted as membership of a club
provided at a workplace for the use of employees
provided at a hotel, motel or guest house or at holiday units, or a similar facility, for the use of guests, and
provided at a school or hospital

A public swimming pool does not include a pool situated on private residential premises, unless it is operated for commercial gain (eg. swim schools).

Under the new Act and Regulation, an occupier of premises at which a public swimming pool and/or public spa pool is located is required to:

notify Council of their existence
ensure that the primary disinfectant is either chlorine or bromine
ensure that the public pool is fitted with either an automated or a continuous metered disinfectant dosing system
ensure that the public pool complies with the specified levels of bromine and chlorine, pH and alkalinity, and meets testing and record keeping requirements. These requirements are set out in detail in Schedule 1 of the Regulation
ensure that all aspects of the Act and Regulation that relate to public swimming pools and spa pools are complied with.

The following public health legislation and resources have been prepared to assist public swimming and spa pool owners:

Download this information as a fact sheet (PDF 415.2KB)