Hi there. If you sell food or handle food that is intended for sale, you will be running a ‘food business’ under Victorian law, even if the food is prepared in your own home. If you want to start a food business in Victoria, there are important legal regulations that you must comply with. For example:

1. any business selling food must be registered with their local council;
2. all food businesses must be classified according to the food safety risk of the business;
3. all businesses selling food or drink in Victoria must register under the Food Act 1984 (Vic); and
4. all food premises must comply with the Australian New Zealand Food Standards Code

You will need to contact your local council before you start selling food. The exact licensing and registration requirements that apply to your food business will depend on the requirements of your local council. Penalties may apply if you fail to comply with the relevant laws and regulations. General information about food businesses can be found at www.health.vic.gov.au.

Apart from food safety laws, there are other legal matters you should consider if you want to start a business. Most importantly, you will need to decide how you want to structure and run your business. One option is to operate as a ‘sole trader’. This is a simple structure that gives you (the owner) all the decision making power and keeps paperwork to a minimum. There are some risks associated with this option, such as the risk that you may be personally liable if someone gets sick from your food and decides to sue you. Other business structures, such as a company, better protect you against this risk, but there are higher fees and more paperwork involved.

There are many other steps to setting up a business. For example, depending on your type of business structure, you may need to apply for an ABN, a Tax File number, register your business name and domain name, lodge a trade mark application to protect any intellectual property, take out business insurance and/or register for GST. More information about starting a business in Victoria can be found at www.business.vic.gov.au.