Childcare

A new standard

A new standard will require businesses such as childcare centres that process food for more than 6 children aged 4 years or less to implement a food safety program.

It aims to protect the most vulnerable members of our community. Because young children are more vulnerable to foodborne illness than older children and adults, improving food safety controls in food service to this group is a priority.

The new standard is Standard 3.3.1 Food Safety Programs for Food Service to Vulnerable Populations, and it is part of the Food Standards Code. It was gazetted by Food Standards Australia New Zealand (FSANZ) in October 2006.

Only some centres affected

Centres will be affected if:

• they provide food that is potentially hazardous; that is, food that needs to be stored at certain temperatures to minimise growth of food poisoning bacteria by keeping it in the fridge or keeping it hot, and are: 
  • long day care centres
  • employer sponsored child care and occasional care centres, or
  • certain businesses who supply food to these centres

The new standard will not apply to:

• centres which do not provide food for sale
• centres which only handle food brought from home
• centres which do not provide food which is potentially hazardous
• family day care
• before-school or out-of-school care
• services providing preschool education conducted by a school

Businesses not affected by the new standard must still comply with current requirements (see below).

Timing

The national start date of 5 October 2008 for Standard 3.3.1 does not apply in NSW.

The Authority is responsible for implementing the standard in NSW and is working through the most practical and cost-effective way to implement it.

As a result the start date for NSW has yet to be set.

The Authority will advise the childcare sector when the start date is set. The Authority will also allow plenty of time for centres to develop their food safety program.

Outside NSW the new standard will apply from 5 October 2008.

Current requirements

When food standards apply

All commercial childrens services providing food for sale, or as part of the service, have to meet the current requirements of the Food Standards Code, in particular, the two mandatory standards:

• Standard 3.2.2 (Food Safety Practices and General Requirements) and
• Standard 3.2.3 (Food Premises and Equipment).

There are some circumstances in which, even when children bring their lunches from home, the childcare centre will need to comply with standards 3.2.2 and 3.2.3.

These are when the childcare centre provides snacks of any type to the children, eg dry biscuits, fruit, cheese etc.

The standards also apply if the centre provides any of the following:

• replacement food (eg in place of unsuitable food supplied by parents)
• extra food for special occasions
• extra food for education purposes eg where carers and children prepare food together

See information at requirements for general businesses. Childcare centres to which the food standards do apply should notify their business details.

Further information on the requirements of the Code can be found at the FSANZ website or by contacting the NSW Food Authority on 1300 552 406

When food standards do not apply

Under the following circumstances a childcare centre is not deemed to be a food business and therefore standards 3.2.2 and 3.2.3 do not apply to it:

• Sandwiches are brought from home and stored in the fridge
• Food is brought from home and reheated by the childcare centre in the microwave
• Fruit is brought from home and cut by the centre

Notification

Childcare centres to which the food standards do apply should notify their business details.

Inspections

Childcare centres that provide food may be inspected before the new standard comes to NSW by local council officers under a new partnership between the Authority and local government.

Centres may be charged fees for such inspections including:

• an annual administration charge
• inspection fees
• fees for issuing improvement notices and conducting follow-up inspections.

Requirements under the new standard

When the new standard (3.3.1) is implemented in NSW, the Authority will support businesses to implement their food safety program. It is likely this will include a template food safety program tailored to the childcare sector.

Any NSW start date for the new standard will allow time to implement the new requirements, so businesses should hold off developing their own food safety program.

All updates will be available through the industry stakeholder group and this website.

Industry consultations continue

Regulatory impact statement

The Authority has analysed the costs and benefits of different ways to implement Standard 3.3.1 as it applies to NSW childcare centres. A regulatory impact statement (RIS) on a proposed amendment to Food Regulation 2004 outlines the impacts on industry, government and consumers.

Currently, certain food businesses providing services to vulnerable persons (such as hospitals and aged care facilities) have to prepare and implement a food safety program and be licensed. This current requirement exempts food businesses providing services in childcare centres.

The proposed Regulation would amend Food Regulation 2004 to remove that exemption and extend these requirements to food businesses providing services in childcare centres.

Members of the public were invited to comment on this RIS by 6 March 2009.

Stakeholder group

The Authority established a stakeholder group to advise on practical and cost effective implementation of the proposed new standard in NSW. The group also helps keep the childcare sector informed throughout the implementation process.

Services should contact one of the group members to input into the process or for more information.

Stakeholder group meeting

Members include:

• peak industry bodies
  • Child Care NSW
  • Community Child Care Cooperative Ltd (NSW)
  • Community Connections Solutions Australia
    (formerly known as Country Childrens Services Association of NSW Inc)
  • Early Childhood Australia (NSW branch)
  • Local Government and Shires Association of NSW
  • Indigenous Professional Support Unit (IPSU)
• industry participants
  • Local government operated childrens service (Penrith City Council)
  • Not for profit childrens service - medium (Uniting Care)
  • Not for profit childrens service - independent (Midson Road Child Care Centre)
  • For profit childrens service - medium (Cubbyhouse Child Care Centre)
  • For profit childrens service - large (ABC Developmental Learning Centres)
  • Not for profit childrens service/Information centre/Training centre (Lady Gowrie Child Care Centre)
  • Supplier (Kids Gourmet Food)

The stakeholder group met twice up until September 2008. The group has highlighted issues impacting the sector, which the Authority needs to consider when looking at implementation of the standard.

Benchmark evaluation study

The Authority has completed the first phase of a benchmark evaluation study (pdf, 138KB) of the childrens services sector. During March & April 2008 centres were asked to complete a questionnaire about their food safety practices. The Authority received a fantastic response - 735 questionnaires were returned.

The results have been analysed and used to help identify the best way to implement the national standard in NSW. Information collected was used in a regulatory impact statement.

Centres that participated in the study have been sent a copy of the results. 

Latest news

• Childcare newsletter, January 2009 (pdf, 40KB)