Byron Shire Council warns illegal ‘dark’ kitchens face heavy fines

BYRON Shire Council is urging anyone selling food to register their business, as authorities report a rise in home-based and online food operators since COVID.

While many of these small ventures began as community-driven efforts to support families and offer diverse local food, council says they must follow the same rules as licensed operators to protect public health.

Council’s manager of public and environmental services Sarah Nagel said unregistered food businesses, sometimes called “dark kitchens”, risk serious penalties if they do not comply.

“Food poisoning can be deadly and if you’re producing and/or on-selling food, you need to follow the rules and let the relevant authority know about your business,” she said.

Local councils oversee retail food businesses in NSW, while businesses that on-sell to other outlets must notify the NSW Food Authority.

Nagel said registering before handling food for sale is a legal requirement under state law.

“No matter how big or small your business, whether it’s home-based, online only or even temporary, if you’re selling food to customers, you need to make sure your business is legal and not putting people’s health and lives at risk,” she said.

“The rules around the production of food and its sale are strict for good reason.

“The penalties for illegally operating a food business are high with a maximum of $275,000 for those caught not complying.”