Food Regulation 2010
Food Regulation 2010
The Food Regulation 2010 underpins the Authority's and local councils' food regulatory work, which aims to reduce the incidence of foodborne illness linked to certain food sectors in NSW.
It is important to the food industry as it sets minimum food safety requirements for food industry sectors that have been identified as higher risk: meat, dairy, seafood, shellfish and plant products and egg businesses and businesses preparing food for vulnerable persons in NSW.
These businesses are subject to Food Safety Schemes (FSS) because of the priority classification.
Under each scheme there are licence categories (Permissions) that specify the types of activities each business is licensed to perform (eg opening oysters, raw milk transport).
Remaking Food Regulation 2004
The NSW Food Regulation 2004 (the Regulation) was scheduled for repeal on 1 September 2010 unless it was remade. This is due to the NSW Government’s automatic repeal process to ensure regulations are kept appropriate for the current business landscape.
The NSW Food Authority completed a remake of the Regulation, now the Food Regulation 2010, which became effective on 18 June 2010. In preparing to do so the Authority:
- collected evaluation data
- assessed the risks and hazards associated with food sectors licensed via the regulation, and
- published a Regulatory Impact Statement (RIS pdf, 3MB) which was available for public comment until 29 January 2010
- has analysed responses to the RIS
Consultation on the remake
As part of the remake process, the Authority consulted with industry (pdf, 83KB) on proposed changes to licence and audit fees, audit frequencies and who can conduct a regulatory audit. The outcomes of this consultation were used to assist the development of the RIS.
Steps completed in the Food Regulation remake process
The process to remake the Food Regulation 2010 followed a number of steps which the Authority was required to take. The diagram below outlines the main milestones in the development of the remake.



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