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Is it a potentially hazardous food?
Can a business store ham and cheese rolls/pizzas out of temperature control?
Yes. Surveys by the Food Authority and large food chains all confirmed that ham and cheese rolls and similar food types are not potentially hazardous. Generally, these products have low water activity and are therefore hostile to bacterial growth. If you come across such products stored outside temperature control but aren’t sure if they are potentially hazardous, remember it’s up to the business to provide evidence to support their practices.
Are salamis and dried meat products potentially hazardous foods (PHF)?
Generally, no but it depends on the product. If packaged, be guided by the storage instructions. If unpackaged, most naturally fermented or dried meat products will be non-potentially hazardous due to pH control and a low water activity. However, once the product has been cut, it’s best treated as PHF. Always keep in mind that it is the business’s responsibility to provide evidence their foods are stored correctly. If in doubt, ask the business to provide evidence their products are not potentially hazardous.
Is ice cream a potentially hazardous food?
Technically yes, but in real life situations, no. While ice cream is made from potentially hazardous dairy products, ice cream is only ice because it’s frozen - and is only served frozen. Ice cream that’s not being stored frozen is no longer ice cream. The Food Authority’s position is that ice cream should not be treated as a PHF.
Is soft serve a potentially hazardous food?
Soft serve ice cream is regarded as potentially hazardous food and its sale requires the business to have a suitably trained FSS.
While soft serve is produced and served at temperatures that do not usually promote the growth of pathogenic bacteria, due to the way the product is made there is still a risk of contamination and subsequent foodborne illness. This risk increases when combined with inadequate cleaning and sanitising of the soft serve dispensing machine.
Are tapicoa pearls (boba balls) for bubble tea PHF?
No, due to the low pH and water activity they are not categorised as PHF. In 2020, the Food Authority tested tapicoa pearls from one Sydney bubble tea chain; the tapicoa pearls had a pH of 4.65 and water activity of 0.8).
Tapioca pearls are cooked in boiling water for more than 15 minutes to reach the desired consistency and then placed in a thick sugar water so they don't stick to each other. They cannot be placed in the fridge because they become hard under refrigeration.
Retailers tend not to cook large amounts of pearls at once and they are most likely on the bench for less than 4 hours - any longer and pearls tend to clump together and become gluggy.
During an inspection, authorised officers may want to assess:
- Are the pearls placed in sugar water after cooking?
- How long are the pearls left sitting on the bench?
What advice is available for determining PHF?
Refer to the guideline Potentially hazardous foods - food that requires temperature control for safety (PDF, 352 KB), which includes information on assessing products and the findings for various foods. Other useful guides include:
- 4-hour/2-hour rule for temperature control (PDF, 807 KB)
- Guidelines for the preparation and display of sushi (PDF, 523 KB)
- Sous vide food safety requirements (PDF, 280 KB).
If still unsure after checking the potentially hazardous foods guide, authorised officers may contact the Food Authority for assistance.
Providing the following will help us determine if the product is PHF:
- food name and alternative names (including other languages)
- description and photograph (including label)
- ingredients (at least 80% of product)
- preparation method (chopping, fermenting, cooking)
- cooking time and temperature.
The businesses name, business type, and language spoken at the business would also be useful.
Specialty foods and ingredients
What is the correct way to prepare and store Chinese style BBQ meats (for example duck, chicken and pork)?
There is no one "correct" method to prepare safe Chinese BBQ meat products. There are several methods that give a similar result. Products fully covered in a high sugar/salt glaze can be treated as non-potentially hazardous and stored outside temperature control for up to 24 hours as long as they remain whole. Once the product is cut, the barrier has been broken and it must be treated as PHF.
What food safety issues are associated with kombucha?
Kombucha is a fermented drink and as is typical of fermented foods, foodborne illness outbreaks are extremely rare. However, there is a lot of evidence to suggest that some Kombucha producers are not adequately monitoring the alcohol level of the drink (legally, it must be less than 0.5%ABV). If you come across a retail business making their own Kombucha, it would be a good idea to enquire if they are taking any precautions to ensure the product is not alcoholic. Kombucha can also be associated with exaggerated health claims that may breach Standard 1.2.7 of the Code.
Does refrigerated sushi need to be acidified and pH tested as per the sushi guidelines?
No. Sushi stored below 5°C is no different from any other potentially hazardous food.
Can a food business prepare and sell kava or use kava as an ingredient in a food or drink?
No. Kava must not be mixed with any other food or used as an ingredient or component of any other food. The Food Standards Code expressly prohibits the mixing of kava with any other foods or the use of kava as an ingredient or component of any other food. Only dried or raw kava root can be on-sold to other food businesses in Australia. This is outlined in Standard 2.6.3 of the Code.
Raw milk
Is it illegal to sell unpasteurised milk if it’s labelled “not for human consumption?”
A person cannot sell or supply raw (unpasteurised) milk for human consumption. Unpasteurised goats’ milk is the only exception and is permitted subject to compliance with the dairy food safety scheme and an advisory statement that the milk is unpasteurised must be included on the product. If the raw milk is not intended for human consumption, for example cosmetic use, the raw milk must be treated in a way that prevents consumption. Authorised officers should look at the ingredients and how the raw milk is stored, packaged and labelled to determine if it is intended for human consumption. If in doubt, contact the Food Authority.
Are raw milk cheeses permitted in Australia?
Yes. Certain imported raw milk cheeses are permitted as per the requirements outlined in the Australian Government’s Department of Agriculture, Fisheries and Forestry.
Eggs
Can a childcare centre use eggs that laid by chickens onsite?
Many day care centres and schools have chickens onsite that lay eggs. If eggs are only used onsite and not supplied outside of the day care/school boundary they may be used and do not need to be stamped. Any eggs used must not be cracked or dirty and proper hygiene/hand washing should be observed. Dirt can be wiped off with a dry cloth. It's recommended the eggs are cooked thoroughly before serving.
Authorised officers should remain vigilant to ensure eggs produced from day care and school facilities are not being sold and that proper hygiene practices are being implemented by staff.
Should retailers store eggs under temperature control?
There is no food safety reason to require whole eggs to be refrigerated however retailers may choose to refrigerate eggs for their own reasons for example, to maintain quality of the egg such as firmness of the yolk or reduce spoilage.
Where can a business purchase pasteurised egg products?
Authorised officers can request a list of known pasteurised egg suppliers by emailing food.contact@dpird.nsw.gov.au. The Food Authority does not recommend one supplier over another.
Temperature control
Can a food business cool cooked PHF in accordance with the 2/4-hour cooling requirement (Standard 3.2.2 clause 7 (3)), but not reach 5°C, and then apply the 2-hour/4-hour rule?
No. If the business does not cool a potentially hazardous food within 2 hours from 60°C to 21°C; and within a further 4 hours from 21°C to 5°C, it has remained in the 'temperature danger zone' of between 5°C-60°C for greater than 6 hours. Applying the 2-hour/4-hour display rule afterwards places the food in the danger zone for an extended period. Unless the business can demonstrate that the food is safe during these conditions, this process is not acceptable. If the business can demonstrate the food is safe in these conditions they would need to apply for approval for alternative compliance including providing evidence that demonstrates the food's safety.
What is the Food Authority’s view of ice only (unrefrigerated) display of seafood?
Slab-style units and fish boxes that rely on ice to maintain temperature control have been used in retail seafood displays for many years.
Fish slabs should have appropriate barriers/sneeze guards to protect food from likely contamination particularly from customers.
Fish boxes in customer areas may be restricted to display of whole, raw seafood, as these require further processing (such as filleting and cooking). They are not suitable for fillets or ready-to-eat product and must have sufficient ice to maintain temperature control.
Product in the fish boxes and slab table must not be intended for self-service.
Several compliance options may be appropriate for breaches depending on the circumstances. An improvement notice in the first instance may be appropriate to address temperature control or potential for contamination food safety risks.
The Food Authority’s views on these and other matters can be found in the Guidelines for Seafood Retailers (PDF, 277 KB).
Equipment and chemicals
Where can I purchase pH strips to use on inspections?
Authorised officers can request this information by emailing food.contact@dpird.nsw.gov.au
To test for a pH <4.2 an example product would be pH fix 3.6-6.1 strips with graduations of 3.6-4.1.
A business has a meat slicer that seems difficult to clean. Is there any standard advice on meat slicers?
Businesses must be able to demonstrate that they can disassemble any equipment - including meat slicers - for it to be effectively cleaned and sanitised as per Standard 3.2.2 clause 20.
If you suspect a meat slicing machine is non-compliant, consider asking the food operator to demonstrate how the machine is dismantled and effectively cleaned to assess the likelihood of it contaminating food.
If non-compliant, consider appropriate enforcement action based on the risk to food safety. Suitable enforcement action may include an improvement notice, seizure notice or prohibition order.