Berry growers and processors

New laws for businesses that grow and/or do primary processing of berries came into effect in NSW on 12 February 2026.  

The laws are outlined in Standard 4.2.7 of the Australia New Zealand Food Standards Code, which sets legal standards for food businesses in Australia, and the NSW Food Regulation 2025.

The requirements on this page apply to businesses that:  

• grow and/or harvest berries, including strawberries, blueberries and berries of the Rubus species, such as blackberries and raspberries
• wash, trim, sanitise, sort, store and pack berries, and combine berries from different growers.  

The requirements do not apply to:    

• cooking, freezing, drying, preserving, blending, juicing or adding other foods to berries
• handling berries on a retail premises (different requirements apply)
• selling berry plants to or from a nursery    
• growing berries for personal consumption.  

Licensing, notification

From 12 February 2026:

• Businesses growing berries on less than 2 hectares (ha) need to notify their details to Food Authority. Notification is free via the Food Authority’s online notification form.  
• Growers with 2 ha or more of berries under cultivation need to apply for a NSW Food Authority licence via the online licence application form. Licence fees will be waived until 12 February 2027.

Licensing fees to be charged from 12 February 2027 

Note: The application fee will apply to new applications only from 12 February 2027. That is, if the business applies for their licence before 12 February 2027, they will not need to pay the application fee.

Scheme-certified growers

The Food Authority recognises growers and processors certified to the following Global Food Safety Initiative (GFSI) industry food safety schemes as meeting the national standards:

• Freshcare
• SQF
• GLOBALG.A.P
• BRCGS

Industry scheme-certified businesses need to:

• notify their details to the Food Authority (<2 ha under cultivation) or apply for a Food Authority licence (all other businesses)
• comply with the national standards
• continue to have their audits delivered through the scheme.

Food safety program/food safety management statement

Berry businesses do not need to have a food safety management statement or operate according to a food safety program.

Farmers market and farm gate sales

Small scale growers with less than 2 ha of berries under cultivation who sell directly to consumers, for example at the farm gate or at farmers markets, will need to notify their local council of their business details – as well as the Food Authority.

This is because local councils have oversight of retail food businesses in NSW - the Food Authority has jurisdiction of growing and processing practices and wholesale sales.

If you sell the produce in a different council area – for example at a farmers market in another region – you need to notify the home council where you grow the produce and you may need to arrange a temporary permit for the market where you're selling.

Get in touch with your local council for more information.

Traceability

Traceability is the ability to track produce through all stages of its production, processing and distribution.  Berry businesses must keep records of:

• who they sell produce to
• who they receive produce from.

This requirement only applies to wholesale (business to business) transactions - it does not apply to retail sales directly to consumers.  

For more guidance on traceability, see the Fresh Produce Safety Centre’s Quick Guide – Identification and Traceability (PDF, 399 KB).

Inputs: Fertilisers and soil amendments

Berry growers must do what they can to ensure inputs used to grow produce do not make it unacceptable to eat. This means the soil, soil amendments, fertiliser and water used must not contaminate produce with harmful microorganisms, chemicals or physical hazards.

For more guidance on best practice for fertilisers and soil amendments, see:

• Fresh Produce Safety Centre’s Quick Guide - Managing fertilisers and soil amendments (PDF, 709 KB)
• Using raw manure factsheet (PDF, 164 KB).

Growing produce: Water use

Water can be a potential source of contamination if not effectively assessed or managed.

Surface water from rivers, streams and dams used for irrigation and for applying fertilisers, pesticides and other agricultural chemicals, should not contain levels of microorganisms that would make the produce unsafe to eat. This agricultural water should not contain E. coli greater than 100 cfu/100ml.  

Water quality can change quickly. Berry growers should:

• regularly assess risks of their water sources to ensure water is safe for its intended use
• prevent contamination of water sources (for example, fence around dams to keep animals away)
• assess the potential for cross-contamination from rainfall and flooding, or through spills, leaks or leaching
• record water sources used for irrigation and the site of irrigation.

Post-harvest water used to cool berries or clean surfaces that come into contact with berries must be clean and safe (town water or similar quality) so it will not contaminate the produce.

Water testing

Growers should regularly test non-potable water sources used to grow berries and:

• apply appropriate treatments if required (such as chlorine, UV, filtration) and monitor levels of chemicals used in the water
• increase testing if water sources could have been affected by animals, weather (such as dust storms, heavy rain, drought) or other events
• keep appropriate testing records.

The best time to test water is before the beginning of the season, or in summer, with another water test if your water source may be contaminated, for example, impacted by flooding.

For guidance on water management, see Fresh Produce Safety Centre's:

• Guidelines for managing water (PDF, 194 KB)
• Quick guide - Managing water (PDF, 474 KB)  

Premises and equipment

Berry businesses need to make sure the structures, equipment and vehicles used for growing, harvesting and processing produce do not make the food unsafe to eat.

Poorly made and maintained farm buildings, facilities and equipment can increase the chances of product contamination and encourage vermin. The premises and equipment must be suitable for food production, and kept clean, sanitised and in good repair.

For more guidance on best practice for premises and equipment, see Fresh Produce Safety Centre’s quick guides:

• Managing facilities (PDF, 389 KB)
• Managing tools and equipment (PDF, 490 KB)
• Managing vehicles (PDF, 1 MB).

Skills and knowledge

Workers must understand food safety hazards, including sources of contamination, and that they are responsible for producing safe food.  

There are no formal qualifications required, and the level of training should be appropriate to the level of risk of the duties performed.  For example, a person who picks produce may have different skills and knowledge to a person who services equipment, but they both need to know and do their part to keep produce safe.

For more guidance, see:

• Skills and knowledge - Food Standards Australia New Zealand
• Fresh Produce Safety Centre’s Quick guide - Food safety hazards (PDF, 591 KB)

Hygiene and handling

Workers and visitors can contaminate produce with harmful microorganisms, chemicals, or foreign matter from their hands, body, clothes or equipment. To reduce this risk, anyone who visits or works onsite must understand and follow good personal health and hygiene practices.

For workers, this includes:

• wearing clean clothing at the start of each day
• not handling food if they know, or suspect, they have an illness for example, vomiting or diarrhoea
• covering open wounds with a waterproof bandage
• washing their hands whenever it is likely their hands could contaminate food for example, after visiting the toilet, after meal breaks
• not smoking, spitting, chewing gum, eating, sneezing or coughing near produce at any time.

Managing visitors  

• Provide site inductions or materials on health, hygiene and food safety to visitors before they visit.
• Provide written instructions, signs and posters to remind people what they should do.
• Ask visitors to complete declarations they are not sick with intestinal or respiratory illness

For more guidance, see:

• Health and hygiene of personnel and visitors - Food Standards Australia New Zealand
• Fresh Produce Safety Centre’s Quick guide - Managing people (PDF, 451 KB).

Inspections, audits

Inspections for berry producers and processors will not start until 12 February 2027, unless action is required before this date in response to an incident posing a risk to public health. Instead, an educative approach will be taken for the first 12 months to improve understanding and support implementation of the new requirements for all berry businesses.

After 12 February 2027, berry growers with 2 ha or more of produce and processors not certified to a food safety scheme will be monitored through a Food Authority compliance program and may be visited by food safety officers.  

For businesses certified to an industry food safety scheme, routine food safety compliance will continue to be delivered through the scheme and not the Food Authority. However the Food Authority may need to visit specific businesses on a case-by-case basis based on compliance history or in response to food-related incidents or validated complaints.  

The Food Authority will not undertake regular compliance inspections of businesses growing less than 2 ha of berries. However, businesses may still be visited if:

• there is a request for training
• assistance is required in complying with the new standards
• there is potential for unsafe food being sold.      

Legislation and standards

Relevant requirements for berry businesses are outlined in the:

• NSW Food Act 2003  
• NSW Food Regulation 2025
• Food Standards Code, including -
  • Chapter 1, Part 1.2 - Labelling and other Information Requirements
  • Standard 4.1.1 – Primary production and processing standards – preliminary provisions
  • Standard 4.2.7 – Primary Production and Processing Standard for Berries

More information

• Frequently asked questions
• Fundamental Guidelines for Fresh Produce Food Safety - Fresh Produce Safety Centre Australia & New Zealand
• Safe Horticulture Australia - A guide to the primary production and processing standards for horticulture