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Food Standards Code
The Australia New Zealand Food Standards Code applies to all food businesses nationally.
The most relevant parts of the code to retail food businesses inspected by local councils are listed below.
Chapter 1: Introduction and standards that apply to all foods
- Part 1.2 Labelling and other information requirements
Chapter 3: Food Safety Standards (Australia only)
- Part 3.2 Food Safety Requirements
- Standard 3.2.1 Food safety programs
- Standard 3.2.2 Food safety practices and general requirements
- Standard 3.2.2A Food safety management tools
- Standard 3.2.3 Food premises and equipment
For an easy to search and navigate compilation of all the standards and schedules, see Food Standards Australia New Zealand’s legislation page.
Food Act 2003 (NSW)
The Food Act 2003 (NSW) sets out the broad requirements for food businesses to handle, process, sell and distribute food safely in NSW to protect public health and safety and enforce the Food Standards Code.
The parts of the Act most relevant to retail food businesses inspected by local councils are below.
- Part 2 - Offences related to food (includes types of offences and defences)
- Part 4 – Inspections and seizure powers (includes powers of an enforcement officer)
- Part 5 – Improvement notices and prohibition orders for premises and equipment (includes what information notices and orders must contain)
- Part 6 – Taking and analysis of samples (includes procedures to be followed)
- Part 8 – Regulation of food businesses (includes requirements to notify and FSS)
- Part 9 – Administration (defines enforcement agencies)
For more information, see NSW Food Act 2003.
NSW Food Regulation 2025
While the Food Act establishes the framework, the Food Regulation provides detailed rules and guidelines on how food safety laws are implemented in certain food sectors in NSW.
The parts of the Regulation most relevant to retail food businesses inspected by local councils are below.
- Part 2 Food Safety Supervisors (as stated in the Act)
- Schedule 2 Penalty notice offences (relates to the specific penalty amount charged depending on the offence)
- Part 3 Requirements for display of nutritional information
- Part 11 Fees and charges (includes fees and charges for issuing an improvement notice, certificate of clearance, inspections and annual admin charge)
For more information, see NSW Food Regulation 2025.
Other laws
There are other laws that relate to food promotion and packaging, which are enforced by other agencies. These include:
- Trade Practices Act 1974 (Commonwealth) - enforced by the Australian Competition and Consumer Commission
- Fair Trading Act 1987 (NSW) - enforced by the NSW Fair Trading
- weights and measures - enforced by the National Measurement Institute.
Contact these agencies for questions about each law.