In NSW, food safety requirements are set by the Food Act 2003 (NSW) and the Food Regulation 2015 (NSW). Show
These Acts require that food sold in NSW is safe and suitable for human consumption and meets all standards set out in the Food Standards Code. Food Safety in New South Wales is governed by the NSW Food Authority which comes under the Department of Primary Industries. Together with NSW Health, the NSW Food Authority monitors food safety across the whole state. They make sure the food produced and sold in NSW meets all of the guidelines set out in the relevant state-based legislation. Regulating & monitoring food safety in NSWThe NSW Food Authority is responsible for regulating and monitoring food safety across the entire NSW food industry. This includes:
Food safety training requirementsOne of the key requirements in the NSW Food Act relates to food safety training. Every food business must have at least one designated Food Safety Supervisor on staff at all times. This person is responsible for overseeing the day-to-day implementation of food safety in the workplace and must be trained in the right way. Food Safety Supervisor trainingAIFS has been approved by the NSW Food Authority to deliver NSW specific Food Safety Supervisor training. This includes five key areas:
When you complete training with AIFS, we'll provide you with a NSW Food Safety Supervisor Certificate on behalf of the NSW Food Authority. This must be displayed in the food business. NSW RecertificationOnce you receive your Food Safety Supervisor qualification, the certificate is valid for 5 years from the date of issue. If your certificate is due to expire you'll need to complete the NSW Recertification course to receive re-certification issued by the NSW Food Authority. Food businesses have 30 working days to ensure their appointed Food Safety Supervisor renews their training and obtains a new Food Safety Supervisor certification. Federal & local laws and requirementsFederal government requirementsFood Standards Australia New Zealand (FSANZ) is responsible for regulating the Australia New Zealand Food Standards Code, the over-arching standard for food safety in Australia. The Code is split into four sections:
Food Standards Code GovernanceThe Food Standards Code is governed by state and territory departments. In New South Wales, this is the NSW Food Authority. Food safety training requirementsTraining is covered in Food Safety Practices and General Requirements Standard 3.2.2 which states that:
This means that anyone who handles or prepares food, serves food, transports food or cleans food equipment and utensils must undergo food safety training if they don't already have the required skills. The easiest way to make sure you’re meeting the federal requirements is by completing a food safety training course, such as the Food Handlers course provided by AIFS. Local council requirementsLocal councils are usually responsible for food business registration, monitoring compliance, providing education and advice, and taking enforcement action when needed. Both state and federal requirements are enforced at a local level through Health Inspectors employed by local councils. Health Inspectors play an important role in monitoring food safety. They have the authority to:
What happens if I don't comply?If a food business fails to meet these food safety training requirements, the consequences are serious. Suspended or cancelled licenceFor serious offences, food business licences may be suspended or cancelled. This effectively closes your food business and prevents further trading. Significant finesFines (penalty notices) may be issued for each offence committed. These often run into tens of thousands of dollars. ProsecutionFor serious breaches of legislation, the NSW Food Authority may prosecute employees, proprietors, managers and/or individual company directors. Added to a Name & Shame listIn NSW, the names of food businesses that have breached food safety legislation are available to the public via a 'Name & Shame' list. Prohibition or seizure ordersWhen public health is at risk, your business may be forbidden to handle food and you may have food seized from your premises and destroyed. Brand & reputation damageIf a serious food safety incident occurs and is widely reported in the media, your business could struggle to recover its reputation. Who enforces the food safety standards?The Food Authority is a state government agency established in 2004 to provide NSW with an integrated food regulation system. Responsible to the Minister for Primary Industries, the Food Authority provides a single point of contact on food safety and regulation for industry, local government and consumers.
Who enforces food safety standards in Australia?The Australian Government and state and territory governments enforce the standards, in line with their food legislation. The Department of Agriculture ensures that imported products meet our strict biosecurity laws and food standards.
What does food standards Australia New Zealand regulate?Food Standards Australia New Zealand (FSANZ) develops standards that regulate the use of ingredients, processing aids, colourings, additives, vitamins and minerals, composition of some foods and foods developed by new technologies. FSANZ is a Corporate Commonwealth Entity.
What laws regulate food safety in Australia?The NSW food industry is subject to requirements outlined in the: Australia New Zealand Food Standards Code (FSANZ) Food Act 2003 (NSW) Food Regulation 2015.
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