Food safety offences
The NSW Food Authority publishes lists of businesses that have breached or are alleged to have breached NSW food safety laws. Publishing the lists gives consumers more information to make decisions about where they eat or buy food.
Individuals and businesses may receive either a penalty notice for their alleged offence or be prosecuted before a court. Each is listed as a separate register:
Which businesses are listed?
Register of penalty notices
Businesses or individuals are included if they have been issued with a penalty notice for an alleged food safety offence and have not challenged the notice, for example by electing to have the matter dealt with by a court.
The information about each notice will generally be published for one year from the time it was first eligible to be published.
Decisions about which penalty notices are published are made according to the Authority's Penalty Notice Publication Protocol. The information which can be published is set out in ss133A to 133F of the Food Act 2003 (NSW).
Register of offences (prosecutions)
Businesses or individuals are listed if they have been found guilty by a court of a breach of food safety laws. The information on each breach will generally be published for two years following any appeal period.
Changes & corrections
People listed in the register or with an interest in a business listed can apply to the Authority to add, correct or remove information if:
- a business has been sold or disposed of after an offence, or
- a correction needs to be made.
For further details see add, correct or remove information.
Enforcement officers use a graduated response for alleged breaches of food law that may increase in severity depending on the circumstances. Factors taken into consideration include, but are not limited to:
- whether a warning has previously been given
- whether the breaches pose a serious risk to public health or significantly mislead consumers, and
- the number of breaches or repeat offences.
The Authority’s policy for deciding the appropriate enforcement action for a particular case is found in the Compliance and Enforcement Policy.