Operating a dairy food business

Legislation

The principal legislation that governs the safety and suitability of food for sale in WA is:

• Food Act 2008 (Food Act)
• Food Regulations 2009 (Food Regulations)
• Australia New Zealand Food Standards Code (Food Standards Code)

The Food Standards Code sets out the dairy food safety compliance requirements for all dairy businesses in Australia:

• Standard 3.2.2 – Food safety practices and general requirements
• Standard 3.2.3 – Food premises and equipment
• Standard 4.2.4 – Primary production and processing standard for dairy products

Standards 3.2.2 and 3.2.3 sets out specific requirements for food businesses and food handlers that, if complied with, will ensure food does not become unsafe or unsuitable. Compliance with these standards is applicable to the distribution of dairy products and dairy retail activities.

Standard 4.2.4 sets out the food safety requirements for dairy primary production, dairy processing and bulk dairy transport businesses. These dairy businesses are required to control the potential food safety hazards associated with their business by implementing a documented food safety program, including specific food safety controls.

Compliance and enforcement

Enforcement agencies responsible for administering the requirements of the Food Act, Food Regulations and the Food Standards Code are the:

• relevant local government and/or
• the Department of Health

Local government is the appropriate enforcement agency in relation to food businesses that:

• carry out the distribution of dairy products or
• dairy retail activities

in a local government district.

The Department of Health is the appropriate enforcement agency in relation to:

• dairy primary production
• dairy processing (includes processes such as blending, cutting, slicing, grating and packaging of dairy products) and
• bulk dairy transport businesses for the domestic market.

Department of Health Compliance and Enforcement Policy

The Department of Health Compliance and Enforcement policy is based on the National Compliance and Enforcement Guideline, providing a range of compliance and enforcement options in response to compliance failures by food businesses where the Department of Health is the enforcement agency.

All WA food businesses must comply with the Food Standards Code which sets out the requirements for:

• labelling and advertising
• substances added to foods (food additives, vitamins and minerals, processing aids, identity and purity)
• contaminants and residues (metals and toxicants, environmental residues, packing materials, moisture absorbers, mould inhibitors, promotional materials, graphics, prohibited and restricted plants and fungi)
• foods requiring pre-market clearance (novel foods, food produced using gene technology, food irradiation)
• microbiological and processing limits
• food product standards
• food safety standards (food safety programs, food safety practices and food premises and equipment)
• primary production and processing standards.

Dairy food businesses that are captured under Standard 4.2.4 (external site) of the Food Standards Code must have the food business registration with the Department of Health. This includes:

Dairy primary production businesses

• On-farm milk production activities for further processing for human consumption
• Includes the keeping, grazing, feeding, and milking of animals, and the storage of milk on the premises at which the animals were milked.

Dairy transport businesses

• Collection and transport of milk from the dairy primary production business to the processing business, 
• Transport of bulk milk or dairy products between dairy processors

Dairy processing businesses

• Manufacture of dairy products (includes processes such as blending, cutting, slicing, grating and packaging of dairy products):
  • milk
  • colostrum
  • liquid milk products
  • cream and thickened cream
  • butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee, and anhydrous milk fat (butter oil)
  • casein, caseinate, and cheese
  • whey, whey cream and concentrated whey cream
  • cultured milk and yoghurt
  • ice-cream and ice-cream mix
  • buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.

How to register

1. Complete the Food Act registration/notification form (500KB PDF)
2. Develop a Food Safety Program (FSP) for your business
3. Email the form and Food Safety Plan to foodsafety@health.wa.gov.au
4. Pay the one-off registration fee

Processing times for registration

A Department of Health officer will assess your application and write to you within 10 working days to let you know if we need any more information.

Existing registration

If you have registered with the Department of Health and need to change or cancel the application email foodsafety@health.wa.gov.au or contact 9222 2000.

Exemptions from registration

Registration is not required if a food business is 'exempt' as prescribed in the Food Regulations. However, the operator must still notify the enforcement agency that they intend to operate.

Food businesses exempt from registration include activities that:

• sell food to raise money for charity or a community cause, and the food is not potentially hazardous or, if it is, after cooking it is sold for immediate consumption, for example sausage sizzles, or selling soft drinks
• only sell packaged food that is not potentially hazardous (for example selling packaged confectionery)
• provide complimentary drinks in conjunction with another type of business.
• are conducted at registered establishments (premises registered under the Australian government’s Export Control Act 1982.

Dairy food businesses that are captured under Standard 3.2.2 and Standard 3.2.3 of the Food Standards Code must have the food business registered with the relevant local government.

This includes:  

• retail sale of dairy packaged products
• shop front sales.

Refer to the online local government directory (external site) for the contact details of the relevant local government where the business is to be located. 

By law, a food business must not start operating without a Food Act 2008 food business registration.

Food safety program requirements

A food safety program (FSP) is an overarching document that describes your product(s), how you manufacture them, the hazards that may be associated with these products, and the controls you have in place to manage those hazards and assure food safety. The FSP contains details of your business, your hazard analysis and critical control point (HACCP) plan, and your pre-requisite programs (PRPs).

Dairy food businesses registered with the Department of Health must have a FSP in place to demonstrate compliance with the Food Standards Code, as prescribed under Standard 3.2.1 and is are required to:

• identify the potential hazards that may be reasonably expected to occur in all processing and handling operations in the business
• identify where during processing and handling operations each hazard identified above can be controlled and the means of control.
• provide for the systematic monitoring of those controls
• provide for corrective action when that hazard is found not to be under control
• provide for the regular review of the program by the business to ensure its adequacy.
• provide for the appropriate records to be kept by the business demonstrating compliance with the food safety program. 

Helpful resources

• Dairy manufacturing courses (external site)
  
• AIFS HACCP Food Safety Plan Kit (external site)
  

Regulatory food safety auditing

Dairy food businesses in WA involved in:

• dairy primary production
• collection and transportation
• processing

are required to implement a documented food safety program and have the program audited by a regulatory food safety auditor.

Refer to Regulatory food safety auditing for food businesses for detailed information about the regulatory food safety auditing requirements.

Helpful resources

• List of approved WA regulatory food safety auditors
• Regulatory food safety auditing for auditors
• Regulatory food safety auditing for enforcement agencies
• Guideline for the management of the regulatory food safety auditing system

If my dairy food business has a HACCP accreditation and participates in HACCP Audits conducted by a non- Regulatory Food Safety Auditor, does my business still need to participate in regulatory food safety audits and audited by a Regulatory Food Safety Auditor?

Yes, the scope and processes involved in regulatory food safety audits are different to HACCP Accreditation and are also a legal requirement under WA food legislation. The scope of a regulatory food safety audit involves the audit of not only the food safety program, but also action taken to remedy any deficiencies of the food safety program. In addition, the audit includes an assessment of the food business to ascertain compliance with the requirements of the Food Safety Standards (Chapter 3 of the Food Standards Code). There are also specific requirements for regulatory food safety auditors to report audit findings to the appropriate enforcement agency.

What is a food safety program?

A food safety program (FSP) is an overarching document that describes your products, how you manufacture them, the hazards that may be associated with these products, and the controls you have in place to manage those hazards and assure food safety. The FSP contains details of your business, your hazard analysis and critical control point (HACCP) plan, and your pre-requisite programs (PRPs).

My dairy business is registered with local government, do I still need to register with the Department of Health?

If your dairy business includes any of the activities listed below under the Department of Health, Food Act 2008 food business registration with the Department of Health will be required. The business will no longer need to be registered the local government unless it includes the activities listed below under local government.

Department of Health

Dairy primary production businesses:

• on-farm milk production activities for further processing for human consumption
• Includes the keeping, grazing, feeding, and milking of animals, and the storage of milk on the premises at which the animals were milked.

Dairy transport businesses:

• Collection and transport of milk from the dairy primary production business to the processing business, 
• Transport of bulk milk or dairy products between dairy processors

Dairy processing businesses

• Manufacture of dairy products (activities up to but not including retail):
  • milk
  • colostrum
  • liquid milk products
  • cream and thickened cream
  • butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee, and anhydrous milk fat (butter oil)
  • casein, caseinate, and cheese
  • whey, whey cream and concentrated whey cream
  • cultured milk and yoghurt
  • ice-cream and ice-cream mix
  • buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.

Local government

• Retail sale of dairy packaged products
• Shop front sales