Australia New Zealand Food Standards Code - Standard 3.2.1 - Food Safety Programs (Australia Only)

Administered by Department of Health, Disability and Ageing

Legislation au F2008B00578 In force Legislative Instrument

Legislation content

Standard 3.2.1

 

Food Safety Programs

  

 

(Australia only)

Purpose

 

This Standard is based upon the principle that food safety is best ensured through the identification and control of hazards in the production, manufacturing and handling of food as described in the Hazard Analysis and Critical Control Point (HACCP) system, adopted by the joint WHO/FAO Codex Alimentarius Commission, rather than relying on end product standards alone.  This standard enables States and Territories to require food businesses to implement a food safety program based upon the HACCP concepts.  The food safety program is to be implemented and reviewed by the food business, and is subject to periodic audit by a suitably qualified food safety auditor.

 

Contents

 

Division 1 – Interpretation and application

1 Interpretation

2 Application

 

Division 2 – Food safety programs

3 General food safety program requirements

4 Auditing of food safety programs

5 Content of food safety programs

6 Fund raising events

 

Division 1 – Interpretation and application

 

1 Interpretation

 

In this Standard –

 

auditing frequency means the most recently determined frequency of auditing determined by the appropriate enforcement agency, or a food safety auditor, in accordance with the Act.

 

food safety program means a food safety program that satisfies the requirements of clause 5.

 

food safety auditor means a person approved as a food safety auditor under the Act as a person competent to audit the relevant class of food business.

 

monitoring includes checking, observing or supervising in order to maintain control.

 

2 Application of this Standard

 

(1) This Standard applies to food businesses in Australia in accordance with Standard 3.1.1 and subclause (2).

 

(2) Unless expressly provided elsewhere in this Code, this Standard applies to all food and primary food production businesses that are determined by the appropriate enforcement agency under the Act to be within a priority classification of food business from the commencement date for that priority classification of food business.

 


Division 2 – Food safety programs

 

3 General food safety program requirements

 

A food business must –

 

(a) systematically examine all of its food handling operations in order to identify the potential hazards that may reasonably be expected to occur;

(b) if one or more hazards are identified in accordance with paragraph (a), develop and implement a food safety program to control the hazard or hazards;

(c) set out the food safety program in a written document and retain that document at the food premises;

(d) comply with the food safety program; and

(e) conduct a review of the food safety program at least annually to ensure its adequacy.

 

4 Auditing of food safety programs

 

A food business must –

 

(a) ensure that the food safety program is audited by a food safety auditor at the auditing frequency applicable to the food business;

(b) make the written document that sets out the food safety program, and the appropriate records referred to in paragraph 5(f), available to any food safety auditor who has been requested to conduct an audit of the food safety program; and

(c) retain copies of all written reports of the results of all audits of the food safety program conducted by a food safety auditor within the last four years, for inspection upon request by a food safety auditor who audits the food safety program or an authorised officer.

 

5 Content of food safety programs

 

A food safety program must –

 

(a) systematically identify the potential hazards that may be reasonably expected to occur in all food handling operations of the food business;

(b) identify where, in a food handling operation, each hazard identified under paragraph (a) can be controlled and the means of control;

(c) provide for the systematic monitoring of those controls;

(d) provide for appropriate corrective action when that hazard, or each of those hazards, is found not to be under control;

(e) provide for the regular review of the program by the food business to ensure its adequacy; and

(f) provide for appropriate records to be made and kept by the food business demonstrating action taken in relation to, or in compliance with, the food safety program.

 

6 Fund raising events

 

A food business does not have to prepare a food safety program in accordance with this Standard in relation to a fund raising event conducted by the food business.

Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

 

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

 

About this compilation

 

This is compilation No. 4 of Standard 3.2.1 as in force on 19 July 2023 (up to Amendment No. 220). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by the Office of Parliamentary Counsel, Canberra.

 

Uncommenced amendments or provisions ceasing to have effect

 

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislation including or omitting those amendments and provided in the Amendment History once the date is passed.

 

 

The following abbreviations may be used in the table below:

 

ad = added or inserted am = amended

exp = expired or ceased to have effect rep = repealed

rs = repealed and substituted

 

Standard 3.2.1 was published in the Commonwealth of Australia Gazette No. P 28 on 7 December 2000 as part of Amendment No. 52, 2000. It was registered as a principal instrument on 24 September 2008 (F2008B00578) and has been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

3.2.1—contents

220

F2023L01004

11 July 2023

FSC160

19 July 2023

19 July 2023

am

Correction to table of contents.

3.2.1—1

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

am

Omit the Editorial note following the definition of food safety auditor in clause 1.

3.2.1—2

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

am

Omit the Editorial note following clause 2.

3.2.1—2(1)

67

F2008B00814

24 Dec 2008

FSC9

31 July 2003

31 July 2003

am

Correction to name of standard.

3.2.1—2(1)

78

F2005L01246

26 May 2005

FSC20

26 May 2005

26 May 2005

rs

Omit and substitute subclause 2(1).

3.2.1—2(2)

78

F2005L01246

26 May 2005

FSC20

26 May 2005

26 May 2006

rs

Omit and substitute subclause 2(2).

3.2.1—4

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

am

Omit the Editorial note following clause 4.

3.2.1—6

124

F2011L01450

8 July 2011

FSC66

11 July 2011

11 July 2011

rs

Omit and substitute clause 6.

 

Overview

Standard 3.2.1 Food Safety Programs was enacted as part of the Food Standards Australia New Zealand Act 1991. This legislative instrument, which was registered on 24 September 2008 (F2008B00578), was designed to address the need for a structured and systematic approach to food safety in Australian food businesses. The standard was introduced to ensure that food safety is maintained through proactive hazard identification and control measures rather than relying solely on end product testing. The policy objective behind the Standard is to require food businesses to implement food safety programs based on the internationally recognised HACCP principles, ensuring these programs are systematically developed, implemented, audited, and reviewed. This approach is intended to protect public health by preventing foodborne illnesses through the effective management of food safety risks. The Standard applies to food businesses in Australia, with specific provisions for auditing and the content of food safety programs, while exempting food businesses from the requirements when conducting fundraising events.

Scope and Application

Standard 3.2.1 Food Safety Programs, based on the Hazard Analysis and Critical Control Point (HACCP) system, applies to all food and primary food production businesses in Australia that are classified by an appropriate enforcement agency under the Food Standards Australia New Zealand Act 1991 as being within a priority classification. This classification determines the commencement date for the application of the standard. Food businesses are required to implement a food safety program, systematically identifying potential hazards, developing and implementing controls, documenting these in a written program, and ensuring compliance and regular review. Exemptions are provided for food businesses operating fundraising events. The standard mandates that food safety programs must be audited by a qualified food safety auditor, with records and documents made available for inspection. The scope of the standard is such that it encompasses all food businesses in Australia, extending its reach to ensure food safety through rigorous identification and management of hazards, and it does not specify exclusions beyond those mentioned for fundraising events. The standard also allows for modifications and extensions through subordinate instruments, ensuring its application is comprehensive and adaptable to evolving food safety practices.

Key Provisions

The main operative sections of this Standard revolve around the establishment and maintenance of food safety programs for food businesses in Australia, with a focus on hazard analysis and control. Section 3 mandates that food businesses must systematically identify potential hazards in their food handling operations, develop and implement a food safety program to control these hazards, document this program in writing, adhere to it, and review it annually. Section 4 requires that the food safety program be audited by a qualified food safety auditor at the frequency determined by the appropriate enforcement agency, and that the business must make the written program and related records available for audit and retain audit reports for inspection. Section 5 details the specific content requirements for a food safety program, including hazard identification, control methods, monitoring, corrective actions, program review, and record-keeping. The obligations imposed by this Standard on food businesses include a thorough examination of their food handling operations to identify hazards, the development of a documented food safety program to manage these hazards, and the implementation and review of this program. Food businesses must ensure that their programs are audited by a qualified auditor and that they maintain and provide access to all program documents and audit reports. Additionally, businesses must comply with the content requirements outlined in Section 5, ensuring that their programs include systematic identification of hazards, control measures, monitoring, corrective actions, regular review, and appropriate record-keeping. Failure to comply with the provisions of this Standard can result in various consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it can be inferred that non-compliance could lead to enforcement actions by the appropriate enforcement agency. This might include directives to rectify non-compliance, fines, or other penalties as prescribed under the relevant state or territory laws. The severity of these consequences would depend on the nature and extent of the non-compliance, and any applicable state or territory legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.