Food Safety

New laws for food businesses under Standard 3.2.2A

Recent changes to the Food Standards Code have introduced new requirements for all businesses that prepare and serve food in NSW.

From Friday 8 December 2023, businesses that process unpackaged, potentially hazardous food, and serve it ready-to-eat, are required to:

• have a qualified onsite Food Safety Supervisor
• ensure all food handlers are trained in food safety and hygiene
• be able to show their food is safe.

  Businesses that only slice, weigh, repack, reheat or hot-hold potentially hazardous food they have not made themselves, for example for example slicing fruit or reheating meals provided by a caterer, are required to:

• have a qualified onsite Food Safety Supervisor, and
• ensure all food handlers are trained in food safety and hygiene.

  The changes affect most retail and hospitality food businesses, as well as school canteens, childcare and OOSH services, charities and not-for-profits that regularly sell food, delis, supermarkets, coffee vendors and correctional centres.

  See the NSW Food Authority website for more information:

• Standard 3.2.2A quiz for businesses
• Standard 3.2.2A – Frequently asked questions
• Food Safety Supervisors
• Free Food Handler Basics training
• Showing food is safe

Council is responsible for inspecting the following types of Food premises annually:

• Cafes, fast food outlets and restuarants
• Supermarkets
• School canteens
• Mobile Food vans
• Catering businesses
• Fetes and street stalls

A food premise is defined as any place where food is handled, stored or prepared for consumption by the general public. This would generally include: 

• Food shops
• Street vending vehicles
• Cake stalls
• Fetes and street stalls
• Home catering businesses
• Mobile food vans

The NSW Food Authority is the government organisation that helps ensure food in NSW is safe and correctly labelled. The NSW Food Authority website contains all of the information that you will need in order to understand what the law requires for food premises.

Generally, the following requirements apply:

• New food premises or alterations to existing food premises must comply with National Food Safety Standards & Codes and must be fitted and constructed in accordance with relevant Australian Standards.
• Retail food businesses do not need to hold a licence with the NSW Food Authority.
• Almost all retail businesses need to notify their business details to Food Safety Authorities (Local Council) to comply with food regulations.
• Certain hospitality and retail food service sector businesses must also designate a Food Safety Supervisor (FSS) and notify the NSW Food Authority of these details. This applies to businesses serving food that is ready to eat, potentially hazardous and not sold and served in its package (e.g. restaurants, cafes, takeaway shops, bakeries, pubs, clubs and hotels).
• Most licenced food businesses must implement and maintain a food safety program in accordance with the requirements of the NSW Food Authority. 

If you would like to speak to one of Council’s Environmental Health Officers about food safety or the requirements for your food premises, please call Environmental Services on 02 63431212.