Food Safety Laws & Legislation - New South Wales
NSW food safety legislation
As a food business owner or manager, you need to be sure you comply with:
- Federal government food safety laws
- NSW government food safety laws
- Local council legislation
- all government requirements
- how to comply
- what happens if you don't comply
- who needs to do a Food Safety Supervisor Course
- other compliance information
New South Wales state laws and requirements
NSW LegislationIn NSW, food safety requirements are set by the Food Act 2003 (NSW) and the Food Regulation 2015 (NSW).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 business licensing
- Conducting food business inspections (in partnership with local councils)
- Managing food labelling requirements
- Enforcing food safety training requirements
- Operating the Scores on Doors scheme
- Publishing the NSW Name & Shame List
- Providing food recall information
Food safety training requirementsIn December 2022, Food Standard 3.2.2A was passed at a federal level. This law states that every food business that serves food must have at least one designated Food Safety Supervisor on staff at all times, and that all Food Handlers must be trained to a specific standard.NSW Food Authority has additional requirements to those set out in Standard 3.2.2A and there are special requirements that Food Safety Supervisors must meet.Food Safety Supervisor trainingAIFS has been approved by the NSW Food Authority to deliver NSW specific Food Safety Supervisor training.This includes four key areas:
- Safe egg handling
- Allergen management
- Cleaning and sanitising practices
- Food Act Offences
Federal & local laws and requirements
Federal 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:
- Introduction and standards that apply to all food
- Food standards
- Food safety standards
- Primary production standards
- Have one or more Food Safety Supervisors that have completed nationally recognised Food Safety Supervisor training
- Ensure all Food Handlers are trained according to the specifications listed in the standard
- Maintain and keep additional food safety documentation
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:
- Enter a food business property at any time
- Enter without permission
- Request evidence that the correct food safety training has been performed
- Go into any area of a food business
- Take samples
- Issue infringement notices (fines)
- Close the business immediately if it's deemed to be a serious public health risk
