Food service to vulnerable persons

Food Safety Program

In 2008, the Authority introduced a law which covers NSW businesses which serve food to vulnerable persons, requiring these businesses to implement a food safety program.

The law was developed to protect vulnerable people in our community, including older persons and people who have weakened immune systems.

It helps the Authority to implement the national standard ¹ more effectively.

The law impacts businesses such as

• hospitals
• aged care facilities
• same-day aged care services
• respite services and
• certain delivered meal organisations such as Meals on Wheels.

Businesses covered by the law need to hold a NSW Food Authority licence and have an audited food safety program in place. Children services businesses currently do not require a food safety program.

¹Standard 3.3.1 of the Australia New Zealand Food Standards Code, titled 'Food Safety Programs for Food Service to Vulnerable Persons', was gazetted 5 October 2006 and commenced 5 October 2008

Resources to help businesses

Guidelines for food service to vulnerable persons

This guideline is to help businesses prepare a food safety program that will comply with the regulations.

The guideline contains detailed information on:

• mandatory requirements detailed in current food legislation, including the requirement to be licensed, implement a food safety program and comply with the Food Standards Code
• elements of a food safety program that will be looked at and assessed by the Authority during certification and audit, and suggested control measures to demonstrate compliance.

Content is available in:

• Guidelines for food service to vulnerable persons March 2011, 27pp, pdf 261KB

Impacted businesses need to be licensed

Businesses covered by this law need to be licensed with the NSW Food Authority and have their food safety program audited.

To access the licence application, see: Vulnerable Persons food business licensing.

More information on the licensing and audit process is available, see: Audits of licensed businesses.

Development of the law

During the development of this law, the Authority worked with an industry stakeholder group to ensure the law is practical and effective.

The Authority prepared a Regulatory Impact Statement and undertook public consultation on the statement during February and March 2008. The statement outlines the new law and its impact on industry, consumers and government.

• Regulatory Impact Statement (pdf, 2.43 MB) 
• Summary of submissions received from the public consultation process (pdf, 40 KB)