Dairy manufacturer licence guidance

Exemptions from a dairy industry licence

Some businesses manufacture or handle a mix of food types, including a small amount of dairy food.

In these situations, Victoria's single food regulatory approach may apply. This allows food regulators to work together to determine which regulator should oversee the business, so that businesses are not subject to unnecessary regulatory burden.

How exemption decisions are made

Safe Food Victoria considers exemption requests on a case-by-case basis.

Decisions are informed by factors such as:

• the activities carried out by the business
• the level of food safety risk
• the proportion of dairy food handled or produced
• whether the business is already registered or licensed with another food regulator.

Dairy manufacturers

In some circumstances, Safe Food Victoria may grant an exemption from holding a dairy industry licence under section 22A of the Dairy and Food Innovation Act 2000, provided legislative and policy requirements are met.

An exemption may be considered where:

• dairy food forms only a small part of the business's overall food production
• the business does not receive raw milk
• the business is registered under the Food Act 1984 or licensed under another relevant act
• the business has a food safety or quality assurance program in place
• Safe Food Victoria has assessed that this program adequately addresses dairy food safety risks.

Each application is assessed individually, with food safety risk being a key consideration.

Ice cream manufacturers

An automatic exemption may apply to some ice cream manufacturers if all of the following conditions are met:

• the business does not receive raw milk
• the business holds a current local government registration under the Food Act 1984
• the business only sells directly to consumers for immediate consumption and does not wholesale or distribute products.

Export-registered businesses

Applications for exemption from businesses that are export-registered, or that intend to undertake export activities, are considered in consultation with the Commonwealth Department of Agriculture, Fisheries and Forestry.

Licence requirements

To operate a dairy manufacturing business in Victoria, you must be licensed by Safe Food Victoria.

You must also comply with the Food Act 1984 and the Australia New Zealand Food Standards Code.

Premises and equipment

Your premises and equipment must be fit for purpose.

They must be:

• well maintained
• able to be cleaned effectively
• able to be sanitised effectively

You may also need local council planning approval for new or modified premises.

Food safety program

You must have a documented food safety program based on Hazard Analysis Critical Control Point (HACCP) principles.

Your food safety program must describe how you identify and control food safety hazards at each stage of manufacturing.

You may use professional help to develop your program, but you must understand it and be able to implement it fully.

Producing raw milk cheese

If you intend to produce raw milk cheese, additional requirements apply under Standard 4.2.4.

You must address these requirements in a documented and validated food safety program.

Safe Food Victoria must approve your food safety program before you start producing raw milk cheese.

Milk not intended for human consumption

If you manufacture dairy products not intended for human consumption, you must meet additional licensing and handling requirements.

These products must be treated to deter human consumption and clearly separated from food intended for people.

Exporting dairy products

If you plan to export dairy products, you must meet Australian export requirements.

You may need to register with the Department of Agriculture, Fisheries and Forestry before exporting.

Export requirements are separate from your Safe Food Victoria licence.

Skills and competency

You must have the skills and competency to manage food safety in your dairy manufacturing business.

Training may help you meet these requirements.

Application assessment timeframes

Safe Food Victoria will assess your dairy manufacturer licence application after receiving a complete application.

A complete application includes:

• the completed application form
• the application fee
• a food safety program

An incomplete application cannot be progressed until all required information has been provided. If information is missing or amendments are needed, Safe Food Victoria may contact you to request further information.

The licensing process for dairy manufacturer licences may take up to 90 days.

Providing additional information

Safe Food Victoria may ask you, in writing, to update your food safety program or provide more information.

If this happens, you must provide the updated information within 30 days

If you do not respond within 30 days, Safe Food Victoria:

• may refuse your application
• may not issue a refund

Delays and application cancellations

Your application may be delayed if it does not meet regulatory requirements.
If your application is not approved within 3 months of being received, Safe Food Victoria may refuse the application unless an extension is approved.

If your application is refused or cancelled:

• Safe Food Victoria will notify you
• you will need to submit a new application
• Safe Food Victoria will not issue a refund

Guidance

Safe Food Victoria has developed a range of guidance documents that provide practical information on food safety topics relevant to operating a dairy business.

Technical advice

Safe Food Victoria provides specialist support services to licensees, including:

• interpretation of regulations and standards
• risk analysis
• technical and scientific advice

Learning network forums

All Victorian dairy manufacturers are invited to attend Safe Food Victoria Learning Network forums.

Forums are held twice a year at locations across Victoria, including metropolitan Melbourne and regional areas. They cover a range of current food safety topics relevant to the dairy industry.

For more information go to the education and training page.

Other information and resources

View more guidance and resources in the Safe Food Victoria food safety library.