Learn about all the laws governing businesses in Western Australia that sell and produce food, how to comply with these laws and the serious consequences if you don't.
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WA food safety legislation

As a food business owner or manager, you need to be sure you comply with:
  • Federal government food safety laws
  • WA government food safety laws
  • Local council legislation
If you don't comply, you risk being fined, prosecuted, or even having your business closed down.Below, you'll find information on:
  • 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
WA food safety legislation

Western Australian state laws and requirements

WA LegislationFood safety in Western Australia is governed by the Food Act 2008 (WA).This legislation is enforced by WA Health.This Act requires that all food sold in Western Australia is safe and suitable for human consumption and meets all standards set out in the Food Standards Code.Food business registrationIt's an offence in WA to conduct a food business at any premises unless it's registered with the appropriate enforcement agency.Food business registration is not only required for fixed premises, it's also necessary to register your food business if you are operating a market stall, food truck or any other type of mobile food business.Food Offenders ListWA Health has a publicly available Food Offenders List. This list contains details of all food businesses and persons that have been convicted of an offence under the Food Act 2008.Details remain on the Food Offenders List for up to 24 months.
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.Food Safety Supervisor trainingFood Safety Supervisors are responsible for:
  • overseeing day-to-day implementation of food safety in the workplace
  • supervising and training Food Handlers in the business
Food Safety Supervisors must have completed specific nationally recognised Food Safety Supervisor training.And if your Food Safety Supervisor leaves the business, a replacement must be appointed within 30 days.AIFS has been approved to deliver Food Safety Supervisor training in Western Australia.

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:
  1. Introduction and standards that apply to all food
  2. Food standards
  3. Food safety standards
  4. Primary production standards
Food Standards Code GovernanceThe Food Standards Code is governed by state and territory departments. In Western Australia, this is WA Health.Food safety training requirementsFood safety training requirements changed in December 2022 when Food Standard 3.2.2A was passed.This law applies to all businesses that serve food in Australia and requires them to:
  • 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
All nationally recognised food safety courses offered by AIFS meet the requirements Food Standard 3.2.2A, as well as all state and local requirements.
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
Health Inspectors in Western Australia ensure that Food Safety Supervisors have been trained for the correct industry. Recognised industries in Western Australia are:

What happens if I don't comply?

for-job-seekers-icon-Temporary closure

Temporary closure

For serious offences, food premises may be temporarily closed. This effectively closes your food business and prevents further trading.
for-job-seekers-icon-Significant fines

Significant fines

On-the-spot fines and penalties may be issued for each offence committed. These often run into tens of thousands of dollars.
for-job-seekers-icon-Prosecution

Prosecution

For serious breaches of legislation, WA Health may start prosecution proceedings against your food business.
for-job-seekers-icon-Brand & reputation damage

Brand & reputation damage

When serious food safety incidents occur and are widely reported in the media, your food business could struggle to recover its reputation.