Food Regulation 2025 (NSW)
Sch 9 of this regulation (Sch 9[3]–[11] to commence on 12.2.2026; Sch 9[1] and [2] to commence on 1.3.2026)
This regulation is the Food Regulation 2025.
This regulation commences as follows—
(a) for Schedule 9[1] and [2]—on 1 March 2026,
(b) for Schedule 9[3]–[11]—on 12 February 2026,
(c) otherwise—on 1 September 2025.
This regulation replaces the Food Regulation 2015, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
The dictionary in Schedule 10 defines words used in this regulation.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
For the Act, section 4(1), definition of
For the Act, sections 93, 95 and 100, the Food Authority is prescribed as the appropriate enforcement agency.
For the Act, section 100, if a local council is appointed as an enforcement agency under the Act, Part 9, Division 2, the local council is prescribed as the appropriate enforcement agency for the area for which the council is appointed as an enforcement agency.
For the Act, section 100, the Secretary of the Department of Climate Change, Energy, the Environment and Water is the appropriate enforcement agency for Kosciuszko National Park.
To avoid doubt, if more than one appropriate enforcement agency is prescribed for the Act, section 100, the proprietor of a food business may give notice under the Act, section 100 to any appropriate enforcement agency.
For the Act, section 23B(5), definition of
A reference in the Food Standards Code—
(a) to the relevant authority is to be read as a reference to the Food Authority, and
(b) to the Act is to be read as a reference to the Food Act 2003, and
(c) to the appropriate enforcement agency is to be read as a reference to the Food Authority, and
(d) to demonstrate is to be read as a reference to demonstrate to the satisfaction of the Food Authority.
The Food Standards Code, Standard 3.2.2, clause 4, is modified by inserting after subclause (3) the following subclause—
Subclause (1) does not apply to a food business in relation to food handling operations for fundraising events which are events—
(a) with the purpose of raising funds solely for community or charitable causes and not for personal financial gain; and
(b) at which all the food sold is not potentially hazardous or is intended to be consumed immediately after thorough cooking.
Other modifications of the Food Standards Code that relate to a particular food safety scheme are contained in the part of this regulation that establishes the scheme.
The proprietor of a food business must give written notice under the Act, section 100(1) of the information specified in the Food Standards Code, Standard 3.2.2, clause 4—
(a) in hard copy, or
(b) electronically.
In this part—
For the Act, section 141(1), the Food Standards Code, Standard 3.2.2A is modified as follows—
(a) by omitting the definitions of
food safety supervisor andfood safety supervisor certificate from section 3.2.2A—2,(b) by omitting “, 3.2.2A—11” from section 3.2.2A—8,
(c) by omitting “sections 3.2.2A—10 and 3.2.2A—11” from section 3.2.2A—9 and inserting instead “section 3.2.2A—10”,
(d) by omitting section 3.2.2A—11.
The Food Standards Code, Standard 3.2.2A is modified by omitting section 3.2.2A—3(2) and inserting instead—
This Standard does not apply to the following—
(a) food businesses licensed under the Act,
(b) the handling or sale of food for the purposes of raising funds solely for community or charitable causes.
The Food Authority is prescribed as a body that may issue a food safety supervisor certificate.
The Food Authority may, for the purposes of determining the qualifications a person must have to be issued with a food safety supervisor certificate, determine the following—
(a) the units of competency (the
required units of competency ) that a person must attain,(b) the way in which a person must attain the required units of competency.
The Food Authority must publish its determinations under subsection (1)(a) or (b) on the Authority’s website.
The Food Authority may, at any time after making a determination under subsection (1)(a) or (b)—
(a) amend the determination, or
(b) replace the determination with a new determination.
If the Food Authority amends or replaces a determination, the amendment or replacement does not affect required units of competency attained in accordance with a determination of the Food Authority that was in effect when the units were attained.
An approved training organisation may issue a food safety supervisor certificate to a person if the organisation is satisfied—
(a) the person has attained the required units of competency in accordance with any determination of the Food Authority under section 11(1)(b) in effect at the time the person attained the required units of competency—
(b) the person attained the required units of competency—
(i) from the organisation, and
(ii) within the period of 5 years immediately before the day the organisation issues the certificate, and
(iii) when the organisation was an approved training organisation.
The Food Authority may issue a food safety supervisor certificate to a person if the Authority is satisfied—
(a) the person has attained the required units of competency in accordance with any determination of the Food Authority under section 11(1)(b) in effect at the time the person attained the required units of competency, and
(b) the person attained the required units of competency within the period of 5 years immediately before the day the person applied to the Food Authority for the certificate, and
(c) the certificate could not be issued by an approved training organisation because—
(i) the entity from which the person attained the required units of competency was not an approved training organisation when the units were attained, or
(ii) the entity from which the person attained the required units of competency was an approved training organisation at the time the person attained the units, but at the time of the application—
(A) the entity has ceased to exist, or
(B) the entity’s approval as an approved training organisation has been suspended or revoked.
A food safety supervisor certificate must—
(a) be issued in the form approved by the Food Authority, and
(b) include an identifying number assigned by the Food Authority.
An approved training organisation must pay a charge of $30 to the Food Authority for the issue of a food safety supervisor certificate by the organisation.
The Food Authority or an approved training organisation may impose a fee or charge of not more than $30 for the issue of a food safety supervisor certificate to a person.
In this division—
A registered training organisation may apply to the Food Authority for approval under the Act, section 106H as an approved training organisation for the purposes of issuing food safety supervisor certificates.
The application must be—
(a) in the approved form, and
(b) accompanied by—
(i) the information required by the Food Authority to decide the application, and
(ii) an application fee of $100, and
(iii) an approval fee of $1,200.
The Food Authority may decide the application by—
(a) granting the application, with or without conditions, or
(b) refusing the application.
If the Food Authority grants the application, the Authority must issue the applicant with a written approval setting out any conditions to which the approval is subject.
If the Food Authority refuses the application, the Authority must—
(a) give written notice of the refusal to the applicant setting out the reasons for the refusal, and
(b) refund to the applicant the approval fee lodged with the application.
This section applies to an application for renewal of an approval under the Act, section 106H in the same way as it applies to an application for an approval.
No application fee is payable in relation to an application for renewal of an approval.
A registered training organisation must not conduct training and assessment for the issue of a food safety supervisor certificate unless the organisation is an approved training organisation.
In this section—
An approval remains in force for 12 months from the date on which the approval is granted, unless sooner cancelled.
An approval may be renewed in accordance with this division.
An approval does not have effect while the approval is suspended.
It is a condition of an approval that the approved training organisation must ensure an individual does not carry out training and assessment on the organisation’s behalf for the issue of a food safety supervisor certificate unless the Food Authority has given the organisation written approval for the individual to carry out the training and assessment.
For the purposes of the condition imposed under subsection (1)—
(a) the Food Authority must not approve an individual to carry out training and assessment on behalf of the approved training organisation unless the Authority is satisfied the individual meets the requirements of the Standards for Registered Training Organisations made under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, and
(b) the approved training organisation must—
(i) give, in the approved form, the Food Authority any documents or information required by the Authority to determine whether to approve the individual to carry out training and assessment on the organisation’s behalf, and
(ii) obtain the consent of the individual to give the documents or information to the Food Authority.
The Food Authority may—
(a) vary a condition imposed by the Authority on an approval, or
(b) impose a condition on an approval, or
(c) suspend or revoke an approval.
Before taking an action under subsection (1), the Food Authority must give the approved training organisation to whom the approval applies written notice (a
(a) details of the action the Authority is proposing to take, and
(b) the reasons for the proposed action.
The notice of intention must include a statement that the approved training organisation may make submissions to the Food Authority in relation to the proposed action within 14 days after the date the notice of intention is given to the organisation (the
Subsections (2) and (3) do not apply in relation to—
(a) the variation or imposition of a condition that is made at the request of the approved training organisation, or
(b) the revocation of an approval that is made at the request of the approved training organisation.
After considering any submissions made by the approved training organisation within the submission period, the Food Authority must decide whether to take the proposed action.
If the Food Authority decides to take the proposed action, the Authority must serve written notice (an
(a) for the variation of a condition of the approval—the condition as varied,
(b) for the imposition a condition on the approval—the condition imposed,
(c) for the suspension of the approval—the period for which the approval is suspended,
(d) for a revocation of the approval—that the approval has been revoked,
(e) the reasons for the variation, imposition, suspension or revocation.
The variation or imposition of a condition, or the suspension or revocation of an approval, under this section takes effect on—
(a) the day on which the action notice is served on the approved training organisation, or
(b) a later day specified in the action notice.
For the Act, section 106A(c), food is prepackaged if the food—
(a) arrives at the premises from which it is to be sold in a container or wrapper in or by which the food is wholly encased, enclosed, contained or packaged, whether or not the food is also in an outer container or wrapper, and
(b) is not removed from the food’s container or wrapper, other than an outer container or wrapper, before the food is sold at the premises.
In this section—
For the Act, section 106J(1), the following are exempt from the operation of the Act, Part 8, Division 3—
(a) food businesses licensed under the Act,
(b) the handling or sale of food for the purposes of raising funds solely for community or charitable causes.
In this part—
(a) bread,
(b) breakfast cereal,
(c) butter,
(d) eggs,
(e) flour,
(f) fresh fruit and vegetables,
(g) fresh milk,
(h) meat,
(i) rice,
(j) sugar,
(k) packaged food other than food referred to in paragraphs (a)–(j).
For the Act, section 106L(4), food is prepackaged if the food—
(a) arrives at the premises from which it is to be sold in a container or wrapper in or by which the food is wholly encased, enclosed, contained or packaged, whether or not the food is also in an outer container or wrapper, and
(b) is not removed from the food’s container or wrapper, other than an outer container or wrapper, before the food is sold at the premises.
In this section—
For the Act, section 106N(1), the following standard food outlets are prescribed—
(a) a standard food outlet of a food business that sells standard food items at—
(i) 20 or more locations in New South Wales, or
(ii) 50 or more locations in Australia,
(b) a standard food outlet of a food business operating in a chain of food businesses that sell standard food items if, collectively, the businesses sell standard food items at—
(i) 20 or more locations in New South Wales, or
(ii) 50 or more locations in Australia.
For the Act, section 106N(2), the following kinds of nutritional information are prescribed—
(a) for a standard food outlet that is not a supermarket—the average energy content of the whole of each standard food item for sale by the standard food outlet expressed in kilojoules,
(b) for a standard food outlet that is a supermarket—the average energy content of the whole or 100g of each standard food item for sale by the standard food outlet expressed in kilojoules,
(c) for all standard food outlets—the following statement—
The average adult daily energy intake is 8,700 kJ.
The method of determining the nutritional information referred to in subsection (1)(a) or (b) is, in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, to calculate the average energy content, expressed in kilojoules, of—
(a) the whole of the standard food item, or
(b) 100g of the item.
If the average energy content is calculated for the whole of a standard food item, the average energy content must be calculated in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, making necessary adjustments to ensure the calculation is made in relation to the whole of the item instead of for 100g of the item.
The number of kilojoules calculated as referred to in subsection (2) may be rounded to the nearest 10kJ.
For the Act, section 106O, the prescribed kind of nutritional information is the energy content of—
(a) a standard food item for sale at a standard food outlet, or
(b) a part or an amount of a standard food item for sale at a standard food outlet.
The nutritional information must be determined—
(a) in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, and
(b) by calculating—
(i) for a standard food item for sale at a standard food outlet that is not a supermarket—the average energy content of the whole of the standard food item expressed in kilojoules, or
(ii) for a standard food item for sale at a standard food outlet that is a supermarket—the average energy content of the whole of the standard food item, or 100g of the standard food item, expressed in kilojoules.
If the average energy content is calculated for the whole of a standard food item, the average energy content must be calculated in accordance with the Food Standards Code, Standard 1.2.8 and section S11-2, making necessary adjustments to ensure the calculation is made for the whole of the item instead of for 100g of the standard food item.
The number of kilojoules calculated as referred to in subsection (2)(b) may be rounded to the nearest 10kJ.
For the Act, sections 106N(2)(c) and 106O(2)(b), nutritional information referred to in sections 26(1)(a) and (b) and 27(1) must be displayed in relation to a standard food item in the following locations—
(a) on each menu on which the name or price of the standard food item is displayed,
(b) on each price tag, price label, identifying tag and identifying label for the item,
(c) adjacent to or near the name or price of the standard food item in a way clearly associated with the item,
(d) if there are drive-through facilities—
(i) on the drive-through menu board on which the name or price of the standard food item is displayed, or
(ii) on a separate board adjacent to the menu board and visible at or before the point of ordering.
The locations where nutritional information is displayed as referred to in subsection (1) in relation to a standard food item must be consistent with the locations the nutritional information is displayed for the other standard food items displayed with the standard food item.
For the Act, section 106N(2)(c), the statement referred to in section 26(1)(c) must be displayed in the following locations—
(a) on each menu on which the name or price of one or more standard food items is displayed and adjacent to or near the standard food item or items in a way clearly associated with the item or items,
(b) in each area or display cabinet, or on each stand, where standard food items are displayed with price tags or labels, or identifying tags or labels, and adjacent to or near the item or items in a way clearly associated with the item or items and conspicuous to a person looking at the item or items,
(c) if there are drive-through facilities—on the drive-through menu board adjacent to or near the standard food item or items in a way clearly associated with the item or items.
For the Act, sections 106N(2)(c) and 106O(2)(b), the nutritional information referred to in sections 26(1)(a) and (b) and 27(1) must—
(a) be legible, and
(b) display the number of kilojoules in numerals and use the abbreviation “kJ”, and
(c) for a standard food outlet that is not a supermarket—
(i) be in the same font, and at least the same font size, as the price displayed for the standard food item, or
(ii) if no price is displayed—be in the same font, and at least the same font size, as the name displayed for the item, and
(d) for a standard food outlet that is a supermarket—be in the same font, and at least the same font size as—
(i) the price displayed for the standard food item, or
(ii) the unit price displayed for the item, which is the price per unit of measurement.
For the Act, section 106N(2)(c), the statement referred to in section 26(1)(c) must—
(a) be legible, and
(b) if only 1 standard food item is displayed on a menu—
(i) be in the same font, and at least the same font size, as the name of the item displayed, or
(ii) if no name is displayed—be in the same font, and at least the same font size, as the price displayed for the item, and
(c) if a number of standard food items are listed or displayed on a menu—
(i) be in the same font, and at least the same font size, as the name of the standard food item with the largest font size listed or displayed, or
(ii) if no names are listed or displayed—be in the same font, and at least the same font size, as the price of the standard food item with the largest font size listed or displayed, and
(d) if a standard food item or items are displayed with a price tag or label or identifying tag or label in an area, display cabinet or stand—be in at least the same font size as the largest font size on the tags or labels for the standard food item or items in the area, display cabinet or stand.
The following food businesses are exempt from the operation of the Act, section 106N—
(a) convenience stores,
(b) service stations selling petrol or other fuel for motor vehicles,
(c) food businesses that primarily supply food catering services,
(d) food businesses that only sell food intended to be consumed on the premises at which the food is sold.
Food sold by retail at a health care facility is exempt from the operation of the Act, section 106N.
A food business is exempt from the operation of the Act, section 106N in relation to a standard food item for a period of not more than 60 consecutive days during which the item is sold by the food business on a trial basis if—
(a) not more than 5 standard food outlets of the food business in New South Wales sell the item during the period or part of the period, and
(b) the item has not been sold before the period by the food business in one or more of the standard food outlets.
A supermarket is exempt from the operation of the Act, sections 106N and 106O in relation to a standard food item if—
(a) the item is displayed for sale as an individual item and is in a package on which a nutrition information panel for the item is conspicuously displayed, or
(b) the item is displayed for sale as part of a combination of standard food items and all of the standard food items in the combination are in one or more packages on which nutrition information panels for each item in the combination are conspicuously displayed.
In this part—
(a) a dairy business within the meaning of section 52, or
(b) a meat business within the meaning of section 70, or
(c) a plant products business within the meaning of section 114, or
(d) a seafood business within the meaning of section 124, or
(e) a vulnerable persons food business within the meaning of section 151, or
(f) an egg business within the meaning of section 159.
A person must not carry on a food business unless the person holds a licence authorising the carrying on of the food business.
A person may apply to the Food Authority for a licence to carry on a food business.
The application must—
(a) be in the approved form, and
(b) unless the Food Authority waives the payment of the application fee—be accompanied by an application fee of $85, and
(c) comply with the other requirements of this regulation relating to applications for licences for the type of food business, and
(d) be accompanied by the licence fee calculated by the applicant in accordance with the information given in the application form, not including a licence fee under Part 8, Division 6, and
(e) be accompanied by the information required by the Food Authority to decide the application.
The Food Authority may require the applicant to give further information if the Authority considers the information is necessary for deciding the application.
The Food Authority may waive the payment of the application fee by an applicant or by a class of applicants.
The Food Authority may, before deciding an application for a licence, arrange for an authorised officer to inspect—
(a) the premises and equipment involved in the food business, and
(b) the activities carried on by the food business.
The Food Authority may, before deciding an application for a licence, arrange for a food safety auditor to carry out the following—
(a) an audit of the food safety program, or proposed food safety program, for the food business,
(b) an assessment of the food business to ascertain the business’ compliance with the requirements of the Food Safety Standards.
The Food Authority may require an applicant for a licence authorising the operation of a vehicle to present the vehicle for inspection by the Food Authority at a time and place determined by the Food Authority.
In this section—
The Food Authority may decide an application for a licence by—
(a) granting the licence, with or without conditions, or
(b) refusing to grant the licence.
Without limiting the grounds on which the Food Authority may refuse to grant the licence, the Authority may refuse to grant the licence if the Authority considers—
(a) there should be a food safety program for one or more of the food businesses proposed to be licensed and there is no food safety program, or
(b) the food safety program for one or more of the food businesses proposed to be licensed does not comply with the requirements of—
(i) the Food Standards Code, or
(ii) this regulation.
If the Food Authority grants the licence but considers the applicant wrongly calculated the licence fee that accompanied the application, the Food Authority must—
(a) if the fee that accompanied the application was more than the correct fee—refund the amount of overpayment to the applicant, or
(b) otherwise—give the applicant written notice of the additional amount required to be paid that includes a statement that the Food Authority may refuse to issue the licence until the amount is paid.
If the Food Authority grants the licence, the Food Authority must issue the licence to the applicant in a form that sets out the following—
(a) the activities authorised by the licence,
(b) the premises or vehicles on or in which the activities may be conducted,
(c) the conditions of the licence.
If the Food Authority refuses to grant the licence, the Food Authority must—
(a) give the applicant written notice of the refusal—
(i) setting out the reasons for the refusal, and
(ii) informing the applicant of the applicant’s rights of review under this regulation, and
(b) refund to the applicant any licence fee or levy that accompanied the application.
A licence is in force for a period of 12 months starting on the date the licence is issued or last renewed, unless the licence is sooner cancelled.
A licence has no effect during a period of suspension.
Despite subsection (1), if an application for renewal of a licence is made in accordance with this regulation but the application is not finally determined before the expiry of the licence, the licence continues in force until the application is finally determined, unless the licence is sooner cancelled.
It is a condition of a licence that the holder of the licence must ensure the provisions of the Act and this regulation, and the relevant provisions of the Food Standards Code, are complied with in relation to—
(a) the carrying on of activities authorised by the licence, and
(b) premises or vehicles to which the licence relates.
It is a condition of a licence for a food business that involves the handling of food that is eggs and is primary food production that the holder of the licence complies with Schedule 8.
The Food Authority may, at any time—
(a) vary a term of a licence or a condition imposed by the Food Authority on a licence, or
(b) impose additional conditions on the licence.
Before taking an action in relation to a licence under subsection (1), the Food Authority must give the holder of the licence written notice (a
(a) details of the action the Authority is proposing to take, and
(b) the reasons for the proposed action.
The notice of intention must include a statement that the licence holder may make submissions to the Food Authority in relation to the proposed action within 14 days after the date the notice of intention is given to the licence holder (the
Subsections (2) and (3) do not apply if—
(a) the variation of the term or condition is at the request of the licence holder, or
(b) the imposition of the condition is at the request of the licence holder.
After considering any submissions made by the licence holder within the submission period, the Food Authority must decide whether to take the proposed action.
If the Food Authority decides to take the proposed action, the Authority must serve written notice (an
(a) for the variation of a term or condition of the licence—the term or condition as varied and the reasons for the variation of the term or condition,
(b) for the imposition of a condition on the licence—the condition imposed and the reasons for the imposition of the condition,
(c) the licence holder’s rights of review under this regulation.
The variation of a term or condition of a licence, or the imposition of a condition on a licence, under this section takes effect on—
(a) the day on which the action notice is served on the licence holder, or
(b) a later day specified in the action notice.
If a licence holder applies to vary a term or condition of the licence, or to impose a condition on the licence, the Food Authority may charge the licence holder the following—
(a) an application fee of not more than $85,
(b) if the Authority considers an inspection or audit is required for the Authority to decide the application—a charge for the inspection or audit in accordance with section 48.
If the Food Authority varies a term or condition of a licence or imposes an additional condition on the licence, the Food Authority must issue the licence holder with a replacement licence that reflects the variation or additional condition.
The Food Authority may suspend or cancel a licence on any of the following grounds—
(a) the Food Authority is satisfied the suspension or cancellation is necessary to avert a potential threat to food safety,
(b) the Food Authority is satisfied there has been a contravention of a provision of the Act or this regulation in relation to the carrying on of the food business authorised by the licence,
(c) the Food Authority is satisfied that a condition of the licence has been contravened,
(d) the food safety program for the food business is, in the Food Authority’s opinion, inadequate or is not being properly implemented,
(e) an amount due to the Food Authority under the Act by the licence holder is unpaid,
(f) the holder of the licence, or a person involved in the carrying on of the food business authorised by the licence, does not, in the Food Authority’s opinion, have the necessary capacity, experience or qualifications to ensure the safety of food for human consumption,
(g) the licence holder has asked the Food Authority to suspend or cancel the licence.
Before suspending or cancelling a licence under subsection (1), the Food Authority must give the licence holder written notice (a
(a) that the Authority is proposing to suspend or cancel the licence, and
(b) the grounds and reasons for the proposed suspension or cancellation.
The notice of intention must include a statement that the licence holder may make submissions to the Food Authority in relation to the proposed suspension or cancellation within 14 days after the date the notice of intention is given to the licence holder (the
Subsections (2) and (3) do not apply if the suspension or cancellation of the licence is at the request of the licence holder.
After considering any submissions made by the licence holder within the submission period, the Food Authority must decide whether to suspend or cancel the licence.
If the Food Authority decides to suspend or cancel the licence, the Authority must serve written notice (an
(a) the grounds and reasons for the suspension or cancellation,
(b) the licence holder’s rights of review under this regulation.
The suspension or cancellation of a licence under this section takes effect on—
(a) the day on which the action notice is served on the licence holder, or
(b) a later day specified in the action notice.
If a licence authorises the carrying on of more than one activity, the Food Authority may suspend the licence to the extent to which the licence authorises a particular activity or activities to be carried on.
The Food Authority may suspend a licence that authorises the carrying on of an activity at 2 or more premises or in or on 2 or more vehicles to the extent the licence authorises activities to be carried on at particular premises or in or on a particular vehicle.
A licence is not transferable.
A licence holder is taken to apply for renewal of the licence by paying, to the Food Authority, before the expiry of the licence—
(a) the amount being the total of the following, as set out in the notice given to the licence holder under section 42(4)—
(i) the licence fee for the licence, and
(ii) if the licence authorises the carrying on of a seafood business—the levies that apply for the licence under Part 8, Divisions 6 and 7, or
(b) if the licence holder has been granted an approval under section 42(6) to pay the amount referred to in paragraph (a) by instalments—by paying the appropriate instalment.
After receiving payment from the applicant under subsection (1), the Food Authority may—
(a) renew the licence, with or without conditions, or
(b) refuse to renew the licence.
Without limiting the grounds on which the Food Authority may refuse to renew the licence, the Food Authority may refuse to renew the licence on the same grounds as the Food Authority may suspend or cancel the licence.
If the Food Authority renews the licence, the Food Authority must issue the licence to the applicant in a form that sets out the following—
(a) the activities authorised by the licence,
(b) the premises or vehicles on or in which the activities may be conducted,
(c) the conditions of the licence.
If the Food Authority refuses to renew the licence, the Food Authority must—
(a) give the applicant written notice of the refusal—
(i) setting out the reasons for the refusal, and
(ii) informing the applicant of the applicant’s rights of review under this regulation, and
(b) refund to the applicant any amounts paid by the applicant under subsection (1) in connection with the renewal.
The licence fee for a licence that authorises the carrying on of the following businesses must be calculated as follows—
(a) for a dairy business—in accordance with section 67,
(b) for a meat business—in accordance with section 111,
(c) for a plant products business—in accordance with section 120,
(d) for a seafood business—in accordance with sections 143 and 144,
(e) for a vulnerable persons food business—in accordance with section 156,
(f) for an egg business—in accordance with section 179.
The levy for a seafood business must be calculated in accordance with sections 145 and 148.
If a licence authorises the carrying on of more than one food business, the licence fee must be calculated as the total of the licence fees for each of the food businesses that would be applicable under subsection (1).
The Food Authority must give a licence holder who is liable to pay a licence fee or levy under this regulation written notice, before the licence expires, setting out the following—
(a) the amount of the licence fee or levy payable,
(b) the day, that is at least 42 days after the day the notice is given, by which the licence fee or levy must be paid,
(c) if relevant—the method of calculating the amount of the licence fee or levy.
The licence holder may, before the licence expires, apply to the Food Authority for approval to pay the licence fee or levy for a particular year by instalments (an
The Food Authority may grant a licence holder an instalment approval by giving the licence holder written notice that states—
(a) the amount of each instalment, and
(b) the date by which each instalment must be paid.
A licence holder who is given an instalment approval must pay each instalment in accordance with the terms of the approval.
If a licence holder who is given an instalment approval fails to pay an instalment by the date required by the approval, the Food Authority may treat the total unpaid balance of the licence fee or levy as an overdue amount, even if some instalments have been paid.
The Food Authority may reduce or waive the payment of a licence fee or levy by a licence holder or a class of licence holders.
Without limiting subsection (9), if a licence is granted after the commencement of a year for which a licence fee or levy is payable, the Food Authority may reduce the licence fee or levy payable by the licence holder for the year by a proportionate amount.
This section applies if a licence authorises the operation of a vehicle.
The Food Authority must issue the licence holder with a licensing label for the vehicle.
The licence holder must ensure the licensing label is displayed—
(a) in a way that the label is readable from the outside of the vehicle, and
(b) whenever the vehicle is being operated while carrying on the food business authorised by the licence, and
(c) until the licensing label expires.
Maximum penalty for subsection (3)—25 penalty units.
A licence holder must ensure, on every premises the licence relates to, a copy of the part of the licence relevant to the premises is displayed.
Maximum penalty—25 penalty units.
A licence holder must ensure, in every vehicle the licence relates to, a copy of the part of the licence relevant to the vehicle is carried.
Maximum penalty—25 penalty units.
If a food safety program is required for a food business by the Food Standards Code or under this regulation, including by a condition of a licence, the food safety program must comply with requirements—
(a) of the Food Standards Code, and
(b) made by or under this regulation.
The Food Authority may arrange for an authorised officer to inspect—
(a) the premises and equipment involved in a food business, and
(b) the activities carried on by the food business.
The Food Authority may arrange for a food safety auditor to carry out the following—
(a) an audit of the food safety program, or proposed food safety program, for a food business,
(b) an assessment of the food business to ascertain the business’ compliance with the requirements of the Food Safety Standards.
This section does not limit the powers of an authorised officer to carry out an inspection under the Act, Part 4 or 5.
In this section—
A food business must not arrange for an external food safety auditor to carry out an audit under the Act or this regulation of the food safety program, or a proposed food safety program, for the business without the Food Authority’s approval.
An application by a food business for approval must be—
(a) made to the Food Authority in the approved form, and
(b) be accompanied by the documents and information required by the Food Authority to decide the application.
The Food Authority may grant an approval subject to any conditions the Food Authority considers appropriate.
An approval may—
(a) apply generally to carrying out audits for the applicant, or
(b) be limited to particular audits or types of audits.
The Food Authority may revoke an approval by written notice given to the food business.
In this section—
This section applies to the carrying out of the following—
(a) an inspection for the purposes of the Act in relation to a licence or application for a licence,
(b) an audit of a food safety program or proposed food safety program under the Act or this regulation.
For the Act, section 139(1)(b), a food business for which an inspection or audit is being carried out must pay to the Food Authority the charge of $370 an hour with a minimum charge for half an hour, excluding time spent travelling.
The Food Authority may increase the amount under subsection (2) annually in accordance with the annual percentage increase, if any, in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.
The Food Authority may waive payment of a charge for a food business or a class of food business.
A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the following decisions—
(a) a decision to refuse to grant a licence to the person, other than a decision to refuse to grant the licence for non-payment of all or part of the licence fee,
(b) a decision to grant a licence to the person subject to conditions imposed by the Food Authority,
(c) a decision to vary the conditions of the person’s licence or to impose a condition on the person’s licence,
(d) a decision to suspend or cancel the person’s licence,
(e) a decision about the assessment of the applicable licence fee for a licence held or to be held by the person,
(f) a decision about the applicable levy to be paid by the person under this regulation,
(g) a decision made by the Food Authority under section 107 to revoke an approval of appointment as a meat safety inspector.
For the Act, section 102, the following provisions are prescribed as a food safety scheme for dairy businesses (the
(a) Part 4,
(b) this part,
(c) Schedule 3, Part 1.
In the dairy food safety scheme—
(a) feeding, grazing, keeping and milking of milking animals, and
(b) storage of milk on the premises at which the milking animals were milked.
(a) means—
(i) packaging, treating, cutting or manufacturing dairy products, and
(ii) packing and storing dairy products on the premises where the products are packaged, treated, cut or manufactured, and
(b) does not include dairy primary production.
(a) means a building or place where a dairy product is stored, whether in a cold chamber or otherwise, and
(b) does not include—
(i) a dairy farm, or
(ii) a dairy building on a dairy farm, or
(iii) premises used only for retail purposes.
(a) colostrum,
(b) milk,
(c) food that contains at least 50%, measured by weight, of either or both of the following—
(i) milk,
(ii) a substance produced from milk, disregarding the weight of the substance not attributable to milk,
(d) without limiting paragraph (c), any of the following that comply with the requirements of paragraph (c)—
(i) liquid milk products,
(ii) cream and thickened cream,
(iii) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil),
(iv) casein, caseinate and cheese,
(v) whey, whey cream and concentrated whey cream,
(vi) cultured milk and yoghurt,
(vii) ice cream and ice cream mix,
(viii) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.
(a) the collection and transport of milk from a dairy primary production business to a dairy processing business, or
(b) the transport of milk or dairy products between dairy processing businesses.
(a) human consumption as a liquid, or
(b) further processing.
(a) a raw milk product manufacturing business, or
(b) a raw milk product collection, transport or delivery business.
(a) the collection for transport, on any scale, of raw milk products for sale, or
(b) the transport, on any scale, of raw milk products for sale, or
(c) the delivery, on any scale, of raw milk products for sale.
(a) feeding, grazing, keeping and milking of milking animals,
(b) storing milk on the premises at which the milking animals were milked,
(c) processing milk otherwise than in accordance with the processing requirements under the Food Standards Code, Standard 4.2.4,
(d) making raw milk products.
In the dairy food safety scheme,
(a) a food business involving any of the following—
(i) the operation of a dairy primary production business,
(ii) the operation of a dairy transport business,
(iii) the operation of a dairy processing business,
(iv) the operation of a dairy produce store, other than a dairy produce store operated on the same premises as a dairy processing business,
(v) the operation of a processed dairy product transport business,
(vi) the collection and transport of goat’s milk from a dairy farm to a wholesaler or retailer, or
(b) a raw milk product business.
The dairy food safety scheme—
(a) except for sections 56 and 60—does not apply to the handling of food on retail premises, and
(b) except for sections 56 and 60—does not apply to the handling of food in or from a vehicle from which food is sold by retail, and
(c) does not apply to the handling of food not intended for sale.
For the Act, section 21(5), the following provisions of the Food Standards Code apply to a dairy business that is primary food production—
(a) Standard 3.2.1,
(b) Standard 4.2.4, clauses 1–11,
(c) for the production of milk for raw milk cheese—Standard 4.2.4, clauses 17–30.
The Food Standards Code, Standard 4.2.4 is modified as follows—
(a) by omitting the definition of
dairy processing from clause 1(2) and by inserting instead—dairy processing —(a) means—
(i) packaging, treating, cutting or manufacturing dairy products; and
(ii) packing and storing dairy products on the premises where the products are packaged, treated, cut or manufactured; and
(b) does not include dairy primary production.
(b) by omitting the definition of
dairy products from clause 1(2) and by inserting instead—dairy product means—(a) colostrum;
(b) milk;
(c) a food that contains at least 50%, measured by weight, of either or both of the following—
(i) milk;
(ii) a substance produced from milk, disregarding the weight of the substance not attributable to milk;
(d) without limiting paragraph (c), any of the following that comply with the requirements of paragraph (c)—
(i) liquid milk products;
(ii) cream and thickened cream;
(iii) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil);
(iv) casein, caseinate and cheese;
(v) whey, whey cream and concentrated whey cream;
(vi) cultured milk and yoghurt;
(vii) ice cream and ice cream mix;
(viii) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.
A person must not sell, including sell by retail, a dairy product for human consumption unless—
(a) for raw milk cheese—the person has complied with the Food Standards Code, Standard 4.2.4, clauses 31–35, or
(b) otherwise—the dairy product has been processed in accordance with the processing requirements specified in the Food Standards Code, Standard 4.2.4, clauses 15 and 16.
This section does not apply—
(a) to a dairy primary production business for the sale of milk or cream by the dairy primary production business to a dairy processing business, or
(b) to a dairy processing business for the sale of a dairy product by the dairy processing business to another dairy processing business, or
(c) to goat’s milk, if—
(i) the milk has been produced in compliance with a food safety program, and
(ii) for unpasteurised goat’s milk—the milk bears a label that includes an advisory statement in accordance with the Food Standards Code, Standard 1.2.3, clause 2.
Milk and milk components used for the manufacture of dairy products for human consumption must be processed as required by the Food Standards Code, Standard 4.2.4.
Equipment used for the pasteurisation of milk or milk components at the premises of a dairy processing business must comply with the requirements of the Guidelines for Food Safety: Validation and Verification of Heat Treatment Equipment and Processes published by the Australia New Zealand Dairy Authorities’ Committee in June 2007 and as in force from time to time.
The holder of a licence authorising the operation of a dairy processing business must ensure milk is not processed for human consumption and is not used in the manufacture of dairy products unless the milk complies with the requirements of the following standards of the Food Standards Code about metals, chemical residues, drug residues and contaminants—
(a) Standard 1.4.1 (Contaminants and natural toxicants),
(b) Standard 1.4.2 (Agvet chemicals),
(c) Standard 2.5.1 (Milk).
A person must not sell, deliver or supply a raw milk product unless it has been treated, packaged and labelled in a way that—
(a) deters human consumption, and
(b) could not reasonably be mistaken as indicating the product is suitable for human consumption.
The holder of a licence authorising the operation of a dairy transport business must ensure the following requirements are complied with in relation to milk collected by the business for transport from a dairy primary production business to a dairy processing business at the time of collecting the milk—
(a) a record must be made of the temperature of the milk,
(b) a representative sample of milk must be taken,
(c) the sample must be taken, stored and transported under temperature control.
The holder of a licence authorising the operation of a raw milk product collection, transport or delivery business must ensure the following requirements are complied with in relation to raw milk collected for transport for sale, transported for sale or delivered for sale by the business at the time of collecting the milk—
(a) a record must be made of the temperature of the raw milk,
(b) a representative sample of raw milk must be taken,
(c) the sample must be taken, stored and transported under temperature control.
The holder of a licence that authorises the operation of a dairy processing business must, at the holder’s own expense, ensure the following are analysed in accordance with this section—
(a) samples of dairy products that—
(i) are handled by the dairy business, and
(ii) are required by the NSW Food Safety Schemes Manual to be analysed,
(b) samples of water that—
(i) has not been supplied through a reticulated water system, and
(ii) is used in connection with the production and processing of dairy products by the business.
Maximum penalty—25 penalty units.
The holder of a licence that authorises the operation of a raw milk product manufacturing business must, at the holder’s own expense, ensure that the following are analysed in accordance with this section—
(a) samples of raw milk products that—
(i) are handled by the dairy business, and
(ii) are required by the NSW Food Safety Schemes Manual to be analysed,
(b) samples of water that—
(i) has not been supplied through a reticulated water system, and
(ii) is used in connection with the production and processing of raw milk products by the business.
Maximum penalty—25 penalty units.
An analysis under this section must be carried out at the following frequencies—
(a) if a notice is served on the holder of the licence under subsection (4)—as required by the notice,
(b) otherwise—as required by the NSW Food Safety Schemes Manual.
The Food Authority may, by written notice given to the holder of a licence, do either or both of the following—
(a) specify the frequency at which analyses must be carried out for this section,
(b) set out the standards required to be met for the samples being analysed.
The holder of a licence must ensure every analysis carried out for section 62 is carried out in a laboratory approved by either of the following, for the particular type of analysis to be undertaken—
(a) the National Association of Testing Authorities, Australia,
(b) the Food Authority.
Maximum penalty—25 penalty units.
The holder of a licence must, in accordance with subsection (4), notify the Food Authority of the details of an analysis carried out by or for the holder for section 62 if the results of the analysis indicate—
(a) the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual, or
(b) if a notice was given to the holder under section 62(4) setting out the required standards—the sample analysed failed to meet the required standards.
Maximum penalty—25 penalty units.
The person in charge of a laboratory in which an analysis is carried out must notify the Food Authority, within 24 hours after the analysis is completed, of the details of the analysis if the results of the analysis indicate the sample analysed failed to meet the standards set out in the NSW Food Safety Schemes Manual.
Maximum penalty—25 penalty units.
Notice under subsection (2) must—
(a) be made orally as soon as practicable and not later than 24 hours after the holder becomes aware of the results of the analysis, and
(b) be given in writing within 48 hours after the holder becomes aware of the results of the analysis.
The holder of a licence authorising the operation of a dairy processing business or a raw milk product manufacturing business must ensure the results of an analysis of a sample of milk carried out for section 62 are available for inspection for at least 12 months after the analysis is carried out.
The holder of a licence authorising the operation of a dairy produce store, other than a produce store operated on the same premises as a dairy processing business, must ensure records are kept of the details of all dairy products received by and distributed from the store.
A record required by this section must be kept at the dairy produce store for the longer period of—
(a) 12 months, or
(b) the accepted shelf-life of the product that the record relates to.
The Food Authority must establish a committee called the Dairy Industry Consultative Committee with the following functions—
(a) undertaking consultation with the Food Authority for the Act, section 105 in relation to the dairy food safety scheme,
(b) the ongoing review of the operation of the dairy food safety scheme for the Act, section 102(2)(y).
The Committee must consist principally of persons from the dairy industry appointed by the Food Authority.
The Food Authority may also decide to appoint the following as members of the Committee—
(a) members of staff of the Food Authority,
(b) other employees of the Department,
(c) representatives of other bodies or organisations.
The Food Authority must appoint a chairperson of the Committee from the members of the Committee.
The Food Authority must determine the procedure for the calling and holding of meetings of the Committee.
The holder of a licence that authorises the carrying on of one or more of the activities specified in Schedule 3, Part 1 must pay a licence fee each year to the Food Authority equal to the total of the fees applicable to the licence calculated in accordance with the part.
The Food Authority may increase the amount of a licence fee payable under this section annually in accordance with the annual percentage increase, if any, in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.
For the Act, section 102, the following provisions are prescribed as a food safety scheme for meat businesses (the
(a) Part 4,
(b) this part,
(c) Schedule 3, Part 2,
(d) Schedules 4–6.
In the meat food safety scheme—
(a) buildings used in connection with slaughtering, handling, drafting or keeping abattoir animals for human consumption at premises used for those purposes, and
(b) holding yards and similar structures.
(a) an animal of the bovine, bubaline, camelidae, caprinae, cervidae, ovine, porcine or soliped species,
(b) a bird,
(c) a crocodile,
(d) a rabbit.
(a) from an abattoir animal, and
(b) intended for human consumption.
(a) means premises where, in the operation of a business that prepares or sells animal food—
(i) meat or fish, or a product of meat or fish, is stored, packed, packaged, processed, treated, boned or cut up, or
(ii) processed animal food is produced, and
(b) does not include—
(i) an abattoir, knackery, meat processing plant, game meat primary processing plant or animal food field depot, or
(ii) meat retail premises or other retail premises.
(a) is not husbanded in the way of a farmed animal, and
(b) is of a species that may be legally harvested, and
(c) is slaughtered in a wild state.
(a) from a game animal, and
(b) intended for human consumption.
(a) means premises used for or in connection with—
(i) slaughtering knackery animals for use as animal food, or
(ii) the destruction of knackery animals for the making of animal by-products used in animal food, and
(b) includes—
(i) buildings used for or in connection with the slaughtering, destruction, handling, drafting or keeping of knackery animals at premises used for those purposes, and
(ii) holding yards and similar premises.
(a) processed meat, or
(b) processed animal food.
(a) means premises where, in the operation of a business—
(i) abattoir meat is stored, packed, packaged, processed, treated, boned or cut up, or
(ii) processed meat is produced from abattoir meat or is further processed, or
(iii) game meat from carcases flayed at other premises is stored, packed, packaged, processed, treated, boned or cut up, or
(iv) processed meat is produced from game meat from carcases that have been flayed at other premises or is further processed, and
(b) does not include—
(i) an abattoir, or
(ii) a game meat field depot, or
(iii) a game meat primary processing plant, or
(iv) meat retail premises or other retail premises.
(a) where in any week during the preceding calendar year, more than 1t of meat, 1t of processed meat or 1t of a combination of meat or processed meat was sold by wholesale, or
(b) where all the meat sold is—
(i) in a form ready to be consumed, including meat sold at a restaurant or take-away food shop, or
(ii) in a form commonly referred to as cook and chill, that is, cooked packaged meat that requires reheating before consumption.
(a) for an abattoir—the meat safety inspector appointed for the abattoir in accordance with section 105, or
(b) for a game meat primary processing plant—the meat safety inspector appointed for the processing plant in accordance with section 105.
A reference in the meat food safety scheme to premises or a vehicle used for a purpose includes a reference to premises or a vehicle intended to be used for the purpose.
For the meat food safety scheme, a reference to Australian Standard AS 4841–2006, Hygienic production of pet meat in the following documents is a reference to the document titled Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO and as in force from time to time—
(a) Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption,
(b) Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption.
In the meat food safety scheme,
(a) an abattoir,
(b) a meat processing plant,
(c) a game meat field depot,
(d) a game meat primary processing plant,
(e) a meat van,
(f) a game meat field harvesting van,
(g) a knackery,
(h) a rendering plant,
(i) an animal food processing plant,
(j) an animal food field depot,
(k) an animal food van,
(l) an animal food field harvesting van,
(m) meat retail premises,
(n) a poultry farm.
The meat food safety scheme does not apply to the handling of food—
(a) in or from a vehicle from which food is sold by retail, or
(b) not intended for sale.
For the Act, section 21(5), the following provisions of the Food Standards Code apply to a food business that involves the handling of food that is poultry for human consumption and is primary food production—
(a) Standard 3.2.2, clause 4, for the Act, section 100(1),
(b) Standard 4.1.1,
(c) Standard 4.2.2, clauses 1–10 as modified by this division.
The Food Standards Code, Standard 4.2.2 is modified, but only in relation to the primary production of poultry, by inserting the following after clause 3(3)—
In this clause,
(a) the growing of more than 100 birds (being poultry for human consumption) at any time,
(b) the live transporting of more than 100 birds (being poultry for human consumption) in any week.
The Food Standards Code, Standard 4.2.3 is modified by—
(a) omitting the words “Table 1 or” from clause 4, and
(b) omitting Table 1 from clause 4.
A person must not slaughter an animal for human consumption unless the animal is an abattoir animal or a game animal.
Maximum penalty—25 penalty units.
A person must not process meat for human consumption unless the meat is abattoir meat or game meat.
Maximum penalty—25 penalty units.
The holder of a licence that authorises the operation of a meat processing plant must, in producing processed meat, use only meat or things containing meat that—
(a) is abattoir meat or game meat, and
(b) has been passed by a meat safety inspector as being fit for human consumption.
Maximum penalty—25 penalty units.
In this section—
(a) a vertebrate animal other than a fish, and
(b) is not limited by the definition of
animal in section 69.
An abattoir must be operated in a way that complies with the following standards—
(a) for an abattoir where the slaughtering of meat, other than poultry meat, rabbit meat, ratite meat or crocodile meat occurs—the standards specified in Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time,
(b) for an abattoir where the slaughtering of poultry meat occurs—the standards specified in Australian Standard AS 4465—2006, Construction of premises and hygienic production of poultry meat for human consumption, as in force from time to time,
(c) for an abattoir where the slaughtering of rabbit meat occurs—the standards specified in Australian Standard AS 4466–1998, Hygienic production of rabbit meat for human consumption, as in force from time to time,
(d) for an abattoir where the slaughtering of ratite meat occurs—the standards specified in Australian Standard AS 5010–2001, Hygienic production of ratite (emu/ostrich) meat for human consumption, as in force from time to time,
(e) for an abattoir where the slaughtering of crocodile meat occurs—the standards specified in Australian Standard AS 4467–1998, Hygienic production of crocodile meat for human consumption, as in force from time to time,
(f) for an abattoir where the slaughtering of more than one type of meat referred to in paragraphs (a)–(e) occurs—the standards specified in each relevant paragraph.
In addition to complying with the requirements of subsection (1), an abattoir must be operated to comply with Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, Part 6, clause 17, as in force from time to time, if the following are passed at the abattoir as fit for use only as animal food—
(a) poultry meat,
(b) rabbit meat,
(c) ratite meat,
(d) crocodile meat.
For this section, the Standard referred to in subsection (2) is taken to extend to the following—
(a) abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat,
(b) meat products derived from abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat.
A meat processing plant must be operated in a way that complies with the following standards—
(a) for a meat processing plant where the processing of meat, other than poultry meat, rabbit meat, ratite meat or crocodile meat occurs—the standards specified in Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, as in force from time to time,
(b) for a meat processing plant where the processing of poultry meat occurs—the standards specified in Australian Standard AS 4465–2006, Construction of premises and hygienic production of poultry meat for human consumption, as in force from time to time,
(c) for a meat processing plant where the processing of rabbit meat occurs—the standards specified in Australian Standard AS 4466–1998, Hygienic production of rabbit meat for human consumption, as in force from time to time,
(d) for a meat processing plant where the processing of ratite meat occurs—the standards specified in Australian Standard AS 5010–2001, Hygienic production of ratite (emu/ostrich) meat for human consumption, as in force from time to time,
(e) for a meat processing plant where the processing of crocodile meat occurs—the standards specified in Australian Standard AS 4467–1998, Hygienic production of crocodile meat for human consumption, as in force from time to time,
(f) for a meat processing plant where the processing of more than one type of meat referred to in paragraphs (a)–(e) occurs—the standards specified in each relevant paragraph.
A game meat field depot must be operated in a way that complies with the standards specified in Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.
A game meat primary processing plant must be operated in a way that complies with the standards specified in Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.
A meat van must be operated in a way that complies with Australian Standard AS 4696:2023, Hygienic production and transportation of meat and meat products for human consumption, Part 8, as in force from time to time.
For this section, the Standard referred to in subsection (1) is taken to extend to the following—
(a) abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat,
(b) products derived from abattoir meat that is poultry meat, rabbit meat, ratite meat or crocodile meat,
(c) game meat,
(d) products derived from game meat.
A game meat field harvesting van must be operated in a way that complies with Australian Standard AS 4464–2007, Hygienic production of wild game meat for human consumption, as in force from time to time.
A knackery must be operated in a way that complies with the standards specified in the Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.
A rendering plant must be operated in a way that complies with the standards specified in Australian Standard AS 5008–2007, Hygienic rendering of animal products, as in force from time to time.
An animal food processing plant must be operated in a way that complies with—
(a) for the processing of raw meat intended for use as animal food—the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time, and
(b) for the processing of fish or a product of fish, or a product of a manufacturing process that contains meat, intended for use as animal food—Schedule 4.
An animal food field depot must be operated in a way that complies with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.
An animal food van must, in relation to the transportation of raw meat intended for use as animal food, be operated in a way that complies with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.
An animal food field harvesting van must be operated in a way that complies with the standards specified in Standard for the Hygienic Production of Pet Meat: PISC Technical Report 88 – Amended 2009, published by CSIRO, except for clauses 4.1–4.3 of that Standard and as in force from time to time.
A meat retail premises must be operated in a way that complies with the standards specified in the NSW standard for construction and hygienic operations of retail meat premises published by the Food Authority, as in force from time to time.
For this division, the following are prescribed brands for abattoir meat—
(a) for meat other than lamb or hogget—a brand in accordance with the design specified in Schedule 5, Part 1,
(b) for lamb meat—brands in accordance with both the designs specified in Schedule 5, Parts 1 and 2,
(c) for hogget meat—brands in accordance with both the designs specified in Schedule 5, Parts 1 and 3.
The holder of a licence authorising the operation of an abattoir must ensure abattoir meat is not removed from the abattoir unless the carcase or part of the carcase from which the abattoir meat was taken has been branded with a prescribed brand by or under the authority of a meat safety inspector.
Subsection (1) does not apply to—
(c) place the provided single use boot covers over the person’s boots.
A person exiting the production area by foot must, as far as practicable—
(a) if the person wore shed boots in the production area—remove the shed boots and leave the shed boots at the entrance to the production area, and
(b) if the person wore single use boot covers over the person’s boots—remove the boot covers and dispose of the covers in a bin provided for the disposal.
A person entering the production area in a vehicle must wash the wheels, footsteps and wheel arches of the vehicle using the soap or detergent and facilities provided on the premises, to remove all visible organic matter—
(a) before entering the production area, and
(b) after exiting the production area and before exiting the premises.
The holder of the licence must document, develop and implement a vermin control strategy designed to control vermin on the premises.
The holder of the licence must include requirements relating to the following matters in the vermin control strategy—
(a) the taking of all practical measures to prevent rodents entering, or harbourage of rodents in, the area used for poultry housing, egg handling, packaging storage, feed storage or litter storage,
(b) requiring rodent bait stations—
(i) to be placed at regular intervals around the production area, based on a rodent risk assessment, and
(ii) not to be placed in locations potentially accessible by the poultry,
(c) requiring sufficient bait stations to control rodent activity,
(d) requiring bait stations—
(i) to be numbered, and a map kept of their location,
(ii) to be checked frequently using a risk-based approach and fresh baits to be laid as required,
(e) requiring a record to be kept of each inspection and activity,
(f) preventing the harbourage of vermin—
(i) in the production area, and
(ii) in a buffer zone of at least 3m, as far as practicable, by removing vermin habitat,
Examples of vermin habitat— overgrown grass or dense vegetation
(g) requiring records to be kept for all actions taken in compliance with the vermin control strategy.
All poultry housing, egg packing facilities, egg grading facilities, feed storage, packaging storage, litter storage and grading facility buildings in the production area must be constructed and maintained, as far as practicable to—
(a) prevent the entry of wild birds, and
(b) limit the access of vermin, and
(c) prevent the harbourage of vermin.
Dead birds on the premises must be stored and disposed of in a way that prevents vermin and other animals accessing the dead birds.
A written record of the name of all persons entering the production area and the date of entry must be made and kept for 2 years.
A written record of the following must be made or obtained within 1 month of the date of a delivery or removal, and kept for 2 years after the date of the delivery or removal—
(a) for a delivery—
(i) the date the delivery was received into the production area,
(ii) the nature and contents of the delivery,
(iii) the name of the company, or person, responsible for the delivery,
(iv) the number plate of the vehicle used to deliver things to the production area,
(b) for a removal—
(i) the date of the removal from the production area,
(ii) the nature and contents of the thing being removed,
(iii) the name of the company, or person, responsible for the removal,
(iv) the number plate of the vehicle used to remove things from the production area.
A written record must be made of the numbers and dates of all poultry deaths that occur within the production area and kept for 2 years.
The holder of the licence for an egg business must ensure the following records in relation to the purchase of poultry are kept for 2 years—
(a) the names and addresses of the persons or businesses from whom the poultry are purchased,
(b) the dates on which the poultry are purchased,
(c) the quantity of poultry purchased,
(d) if the person or business has a property identification code—the code.
The holder of the licence for an egg business must ensure the following records in relation to the sale or destocking of poultry are kept for 2 years—
(a) the names and addresses of the persons or businesses to whom the poultry are sold or supplied,
(b) the dates on which the poultry are sold or supplied,
(c) the quantity of poultry sold or supplied,
(d) if the person or business has a property identification code—the code.
Cardboard egg flats and cartons must be heat sanitised before use for transporting or storing eggs unless—
(a) the flats or cartons are being used on the same premises or within the same network of premises as the flats or cartons were being used on, on the previous use, or
(b) the flats or cartons are being used for the first time, taken directly from the packaging.
Plastic egg flats and fillers must be disinfected before use for transporting or storing eggs unless—
(a) the flats or fillers are being used on the same premises or within the same network of premises as the flats or fillers were being used on, on the previous use, or
(b) the flats or fillers are being used for the first time, taken direct from the packaging.
Pallets used for storing or transporting eggs on premises must be cleaned to remove, as far as practicable, all visible organic matter after each use for transporting or storing eggs unless—
(a) the pallets are being used on the same premises or within the same network of premises as the pallets were being used on, on the previous use, or
(b) the pallets are being used for the first time, taken directly from the packaging.
Pallets used for storing or transporting eggs on the premises must be stored in a clean area that is not rodent habitat or potential rodent habitat.
Omit “5 years” from section 12(b)(ii). Insert instead “6 months”.
Omit “5 years” from section 13(b). Insert instead “6 months”.
Omit the section. Insert instead—
For the Act, section 102, the following provisions are prescribed as a food safety scheme (the
(a) for plant products businesses—
(i) Part 4, and
(ii) this part, and
(iii) Schedule 3, Part 3,
(b) for micro producers—this part.
Insert in alphabetical order—
(a) blueberries,
(b) strawberries,
(c) berries from the genus
Rubus .
(a) honeydew melon,
(b) piel de sapo,
(c) rockmelon,
(d) watermelon.
(a) berries,
(b) leafy vegetables,
(c) melons.
Omit the definition. Insert instead—
(a) berries,
(b) fresh cut fruit,
(c) fresh cut vegetables,
(d) leafy vegetables,
(e) melons,
(f) seed sprouts,
(g) unpasteurised juice,
(h) vegetables in oil.
Omit section 114(1)(b). Insert instead—
processing seed sprouts, fruits or vegetables, excluding berries, leafy vegetables and melons, to produce plant products, including in the following ways—
(i) cutting,
(ii) peeling,
(iii) preserving,
(iv) cooking,
Omit “products.” from section 114(1)(e). Insert instead—
products,
growing or harvesting berries, leafy vegetables or melons from a property with a cultivated area of 2ha or more,
processing berries, leafy vegetables or melons in the following ways—
(i) washing, trimming, sorting, sanitising,
(ii) combining harvested berries,
(iii) combining harvested leafy vegetables,
(iv) combining harvested melons,
(v) packing berries, leafy vegetables or melons,
storing berries, leafy vegetables or melons in combination with a processing activity listed in paragraph (g),
transporting berries, leafy vegetables or melons between primary processing premises in combination with a processing activity listed in paragraph (g).
Insert after section 114(2)—
To avoid doubt, micro producers are not plant products businesses.
Insert after section 116—
The following provisions of the Food Standards Code apply to a food business that involves the handling of berries and is primary food production—
(a) Standard 4.1.1, clauses 1–3,
(b) Standard 4.2.7.
The provisions of the Food Standards Code apply to businesses as follows—
(a) for a micro producer that grows or harvests leafy vegetables—
(i) Standard 3.2.2, clause 4, for the Act, section 100(1), and
(ii) Standard 4.1.1, clauses 1–3, and
(iii) Standard 4.2.8, as modified under this part,
(b) for a small leafy vegetable plant products business—
(i) Standard 4.1.1, and
(ii) Standard 4.2.8,
(c) for a food business operating from a property with a cultivated area of more than 10ha that involves the handling of leafy vegetables and is primary food production—
(i) Standard 3.2.1, and
(ii) Standard 4.1.1, and
(iii) Standard 4.2.8.
The provisions of the Food Standards Code apply to businesses as follows—
(a) for a micro producer that grows or harvests melons—
(i) Standard 3.2.2, clause 4, for the Act, section 100(1), and
(ii) Standard 4.1.1, clauses 1–3, and
(iii) Standard 4.2.9, as modified under this part,
(b) for a small melon plant products business—
(i) Standard 4.1.1, and
(ii) Standard 4.2.9,
(c) for a food business operating from a property with a cultivated area of more than 10ha that involves the handling of melons and is primary food production—
(i) Standard 3.2.1, and
(ii) Standard 4.1.1, and
(iii) Standard 4.2.9.
The Food Standards Code, Standard 4.2.7 is modified, but only in relation to the storing and transporting of berries, by inserting after clause 3(3) the following subclause—
This Standard does not apply to a primary horticulture processor if the only relevant activities are storing or transporting harvested berries.
The Food Standards Code, Standard 4.2.8 is modified, but only in relation to the storing and transporting of leafy vegetables, by inserting after clause 3(3) the following subclause—
This Standard does not apply to a primary horticulture processor if the only relevant activities are storing or transporting harvested leafy vegetables.
The Food Standards Code, Standard 4.2.8 is modified, but only in relation to the primary production of leafy vegetables, by inserting after clause 4 the following clause—
A primary horticulture producer is not required to comply with clause 4 if leafy vegetables are produced on a cultivated area of less than 2ha.
The Food Standards Code, Standard 4.2.9 is modified, but only in relation to the storing and transporting of melons, by inserting after clause 3(3) the following subclause—
This Standard does not apply to a primary horticulture processor if the only relevant activities are storing or transporting harvested melons.
The Food Standards Code, Standard 4.2.9 is modified, but only in relation to the primary production of melons, by inserting after clause 4 the following clause—
A primary horticulture producer is not required to comply with clause 4 if melons are produced on a cultivated area of less than 2ha.
Insert after Part 3, item 3—
4 | Operation of a business that carries out growing, harvesting or processing berries, other than a small berry plant products business or a micro producer | For each of the premises where the activities are carried out | $300 |
5 | Operation of a small berry plant products business that carries out growing or harvesting berries | For each of the premises where the activities are carried out | $75 |
6 | Operation of a business that carries out growing or harvesting leafy vegetables or melons, other than a small leafy vegetable plant products business, a small melon plant products business or a micro producer | For each of the premises where the activities are carried out | $570 |
7 | Operation of a small leafy vegetable plant products business or a small melon plant products business that carries out growing or harvesting | For each of the premises where the activities are carried out | $75 |
8 | Operation of a business that processes leafy vegetables or melons | For each of the premises where the activities are carried out— | |
| $570 | ||
| $1,180 | ||
| $5,170 |
Insert in alphabetical order—
section 3
(a) for Schedule 3—a full-time equivalent employee of the relevant licensee who directly engages in the handling of food, or
(b) otherwise—a person who directly engages in the handling of food for a food business.
(a) for the dairy food safety scheme—see section 51, and
(b) for the plant products food safety scheme—see section 113, and
(c) in relation to egg products for the egg food safety scheme—see section 170, and
(d) in relation to blended egg product mixtures for the egg food safety scheme—see section 171.
Food Regulation 2025 (429). LW 22.8.2025. Date of commencement: not in force.
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