Home business

Making food at home to sell

If you wish to start a home business which involves the making of food from your home for sale, there are some key criteria that need to be considered.  

Listed below are the requirements for making food for sale from home.

Do I need planning approval?

Providing you do not do any of the following, and the area of your home utilised for the business is no more than 100 square metres, you will not require planning approval and are able to conduct your business without consent from council. 

You must not: 

  • employ anyone other than residents of the home; or 
  • interfere with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise; or 
  • display your product for sale in a window or otherwise; or 
  • display any signage (other than a business identification sign); or 
  • sell the food product by retail directly from your home 

If you wish to do any of the following or expand your business, please get in touch with Council as you will require planning approval. 

Requirements for notifying Council

Even though you may not need planning approval for your home business, you are still required to complete the Licensed Premises Registration Form and notify council of your business.

Inspections on home kitchens

Council will not proactively inspect your home kitchen, however Council or the NSW Food Authority may conduct an inspection at anytime in response to a complaint. To ensure your home kitchen is compliant you must:

a. Only handle or prepare food that is not potentially hazardous food; and/or

b. handle less than 10kg of potentially hazardous food each week provided the business:

i. does not manufacture food that has a high level of risk such as raw egg mayonnaise/aioli; and

ii. does not provide food to vulnerable populations or businesses (e.g. child care or care home).

iii. has a Food Safety Supervisor appointed (if required). 

Labelling requirements

You are required to ensure your product is correctly labelled. Labelling information is available at the NSW Food Authority’s Food Labelling webpage. On this page is a tab titled Food Labelling Assistant which will step you through the process of what is required.

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