Fact Sheet 1: Food Safety Laws in Australia
There are three levels of government responsible for food safety laws in Australia:
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National level - Food Standards Australia New Zealand (FSANZ)
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State level - The state or territory Department of Health
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Local level - Local council health department / Environmental Health Officer (EHO)
National Food Safety Legislation
National law overseen by FSANZ, applies to the food industry in both Australia and New Zealand.
The Food Standards Code, regulated by FSANZ, provides a uniform set of food safety standards. Chapter Three of the Code applies to Australia only.
The Code states that it is a criminal offence in Australia to supply food that does not comply with relevant food standards. It is also an offence to sell food that is damaged, deteriorated, perished, adulterated, or otherwise unfit for human consumption.
This means that everyone in a food business - not just the Food Safety Supervisor or business owner - is responsible for food safety. This includes kitchen staff, cleaners, and front-of-house employees.
Standards 3.3.1, 3.2.2, and 3.2.3 under the Food Standards Code are mandatory for all food businesses in Australia.
The Standards
Standard 3.1.1 - Interpretation and Application
This introductory standard explains terms used throughout the Food Standards Code. It also includes provisions requiring food businesses and food handlers to comply with the standards.
Standard 3.2.1 - Food Safety Programs
This standard outlines requirements for controlling food safety hazards during the production, manufacture, and handling of food.
It is not mandatory for all food businesses - only those identified as high-risk.
What is a Food Safety Program?
A Food Safety Program is a written manual outlining how to handle food safely. These programs often vary between workplaces, particularly in the health sector.
They include record sheets, which show an individual has exercised ‘due diligence’ to protect customers from foodborne illness.
Food Safety Programs are based on Hazard Analysis Critical Control Point (HACCP) principles, which examine every stage of food production - not just the final product.
Standard 3.2.2 - Food Safety Practices and General Requirements
This standard outlines specific food handling controls relating to:
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Receiving, storing, processing, displaying, packaging, transporting, disposing of, and recalling food
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Food handler skills and knowledge
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Health and hygiene requirements for food handlers
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Cleaning and maintenance of food premises and equipment
Standard 3.2.3 - Food Premises and Equipment
This standard sets out the requirements for the design and maintenance of:
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Food premises
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Fixtures and fittings
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Equipment
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Food transport vehicles
Standard 3.3.1 - Food Safety Programs for Food Service to Vulnerable Persons
This standard requires food businesses that serve vulnerable persons (e.g., hospitals, aged care) to implement a documented and audited Food Safety Program, as defined in Standard 3.2.1.
State Department of Health - Food Safety Legislation
Each Australian state and territory has its own Department of Health, responsible for ensuring that food sold or prepared for sale is safe to eat.
Food legislation may vary between jurisdictions. For example, in Victoria, the Food Act 1984 requires that food premises also comply with the Food Standards Code.
Check your state or territory’s health department website for specific requirements.
Local Council - Environmental Health Officers (EHOs)
Local councils are responsible for implementing national and state legislation and regulating food safety in their local area.
Councils can issue infringement notices for food safety or hygiene breaches, such as:
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Failure to store, process, display, or transport food safely
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Lack of cleanliness, or inadequate food premises
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Failure to clean and sanitise equipment
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Operating without required registration or notification
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Failure to keep required records on site
EHOs have the authority to:
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Enter any property at any time, without permission
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Inspect any area of a food business
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Collect samples for testing
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Shut down a business immediately, if it presents a serious public health risk
Due Diligence
Most states and territories include a “due diligence” defence in their food safety laws.
This allows a person to defend against prosecution if they can show they took all reasonable precautions, and exercised due diligence to avoid committing an offence.
You may establish a defence by proving that:
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You took all reasonable steps to ensure the food you sell complies with the law, or
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The offence was the fault of another person or company
How do I show due diligence?
It depends on the size, type, and risk level of your business, but generally you must be able to show:
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Your premises and equipment comply with food safety regulations
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You purchase food from reputable suppliers
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Food is kept at the correct temperatures
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A proper stock rotation system is in place
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You and your staff have completed adequate food safety training
Much of this will be demonstrated through your Food Safety Program.
What is a Food Safety Supervisor?
A Food Safety Supervisor is someone who:
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Understands how to recognise, prevent, and manage food handling hazards
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Holds a Statement of Attainment, showing the required competencies from a Registered Training Organisation (RTO)
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Has the authority and ability to supervise others, and ensure safe food handling practices
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