Manufacturers and wholesalers

Notifying the Food Authority

Manufacturers, wholesalers and importers of food or ingredients need to notify the Food Authority of their business details if manufacturing and wholesaling is their principal activity, that is:

• they do not sell product directly to consumers by retail, or
• less than 50% of production is sold by retail directly to consumers.

For example:

• a large cereal manufacturer where consumers can buy product direct from the factory
• a manufacturer that principally grinds and wholesales coffee but also runs a small café.

If any of your details change you need to update them by contacting the NSW Food Authority at food.licensing@dpi.nsw.gov.au or on 1300 552 406. 

• Notify the Food Authority now 

Notifying the local council

Manufacturers, wholesalers and importers need to notify their local council of their business details if more than 50% of their product is sold by retail directly to consumers. For example:

• a suburban bakery principally operating a busy retail counter but also wholesaling to local cafes
• a local cafe making chutneys and sauces that it principally uses in house but also supplies to a small number of other local food businesses.

How you notify your details will depend on the council.

• Contact your local council

As an operator of a food business, you are responsible for making sure that people who handle food or food contact surfaces in your business, and the people who supervise this work, have the skills and knowledge they need to handle food safely. 

Standards to meet include: 

• cleaning and sanitising of food contact surfaces 
• temperature control of stored and displayed foods 
• hygiene of food handlers (such as hand washing) 
• pest control 
• construction and maintenance of the premises 
• food handling practices (such as minimising cross-contamination) 
• the safety and suitability of food sold.  

For a guide to the standards, see FSANZ Safe Food Australia. 

The full requirements are set out in Standard 3.2.2 - Food Safety Practices and General Requirements and Standard 3.2.3 - Food Premises and Equipment. 

If you sell unpackaged, potentially hazardous food directly to consumers you must also meet food handler training requirements under Standard 3.2.2A from 8 December 2023. For more information, see Standard 3.2.2A – Food Safety Management Tools.  

If you are packaging food for sale, there are product labelling requirements which include:

• a name for the food that sufficiently describes the true nature of the food
• identification of a ‘lot’ of the food
• name and street address in Australia or NZ of the supplier of the food (such as the manufacturer, marketer or importer)
• a list of the ingredients
• a statement of the shelf life of the product, either a ‘use-by’ or ‘best before’ date (this can be used in place of the ‘lot’ number)
• the nutrition information panel (NIP) with nutrient contents contained in the food, per serving and per 100g
• a product's country of origin and its ingredients
• warning and advisory statements for people with allergies or food sensitivities. 

Some product labels will also need to include instructions to achieve the labelled shelf life.

Some need directions for use.

For guides to labelling requirements see FSANZ' labelling pages, and our labelling resources. 

Requirements are set out in Standard 1.2.1 - Application of Labelling and Other Information Requirements.
 

Allergen control

Food manufacturers are legally required to provide information on allergens that may be present in the food they supply. 

This includes providing allergen information for packaged or unpackaged food. The declaration must be:  

• on the label if the food requires a label, or  
• provided to a customer on request if the food does not require a label. 

Important strategies that food manufacturers can use to manage allergy risks include: 

• Implement an effective allergen management plan 
• Train all staff in food allergen risks, management and communication 
• Use a system to provide clear and accurate information 
• Manage the unintentional presence of food allergens 

Visit Identifying allergens accurately for more information. 

Food importers 

Food importers are responsible for ensuring imported food is properly labelled and providing clear and accurate allergen information about their products. 

Food importers must: 

• use a system to provide clear and accurate allergen information 
• ensure their imports are properly labelled. 

For more information on managing allergens, see Food Allergen rules. 

Manufacturers and wholesalers need to have a recall plan in place. Operators need to:

• have a system to ensure the recall of unsafe food
• prepare a written document which outlines this process
• make this document available to an authorised officer on request
• follow the steps of this system when recalling unsafe food. 

The NSW Food Authority has produced a flowchart of the food recall process and a recalls guide. See also our Food recall action plan template (Word, 943 KB).

Food Standards Australia New Zealand (FSANZ) has published a step-by-step guide to developing a food recall plan in the form of Food Industry Recall Protocol - a guide to writing a food recall plan. To request a printed copy contact FSANZ on (02) 6228 8226 or advice@foodstandards.gov.au.

If you are an operator considering a recall of food that is produced or distributed by your business, contact the Food Authority's Investigation and Recall Coordinator on 1300 552 406.

The full requirements are detailed in Standard 3.2.2 - Food Safety Practices and General Requirements.

The Food Authority's Manufacturer/Wholesaler Food Inspection Program is based on risk and performance. The type of food being produced will determine the Priority Risk Classification (P1 - P3) assigned to your business and the frequency of inspections conducted by the Food Authority:

• P1 - Annual Inspections
• P2 - Inspection every 24 months
• P3 - Business may be subject to an inspection if a complaint is received about the business or its products or as part of a compliance operation undertaking monitoring on a category or sector of the food industry.

Additional inspections will be undertaken for businesses where food safety issues have been identified during an inspection.

The Food Authority will provide formal clarification to food businesses about their risk rating and inspection requirements.

For more see guidance on manufacturer and wholesaler inspection program
 

Fees

The Food Authority's Manufacturer/Wholesaler Food Inspection Program incurs some costs for industry operators:

• an inspection fee (based on an hourly rate)
• an annual administration fee (charged only for businesses the Food Authority has identified as high risk). This fee is based on the number of full-time equivalent (FTE) food handlers employed by the business. 

Food businesses that operate for the sole purpose of raising funds for a recognised charity or community cause will not be charged an inspection fee.

For more see audits, inspections and compliance.

As an operator in the manufacturing/wholesaler industry, you will need to meet the requirements of the:

1. Food Act 2003 (NSW)
2. Food Regulation 2015
3. Food Standards Code, including

• Standard 3.2.2 - Food Safety Practices and General Requirements
• Standard 3.2.2A - Food Safety Management Tools (from 8 December 2023, if required)
• Standard 3.2.3 - Food Premises and Equipment
• Standard 1.2.1 - Application of Labelling and Other Information Requirements (CommLaw)
• Standard 1.2.3 - Mandatory Warning and Advisory Statements and Declarations (CommLaw)
• Standard 1.3.1 - Food Additives (CommLaw)
• Standard 1.4.1 - Contaminants and Natural Toxicants (CommLaw)