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Premises design and construction
Can I use the NSW Food Act to enforce provisions of AS4674 Design, construction and fit-out of food premises?
No. The NSW Food Act 2003 only requires the design and construction of a food business to comply with the Food Standards Code 3.2.3. Many councils choose to include a requirement to comply with AS4674 as part of a development approval. It’s not appropriate or legally correct to require a business to meet any requirement of AS4674 as part of Food Act enforcement for example, through an improvement notice.
Alternative method of compliance
If a business has not followed an alternative method of compliance, have they breached Standard 3.2.2 clause 25?
No. There are no offence provisions for clause 25, it’s more of an explanatory clause. The actual offence is whatever the alternative method was put in place to comply with. For example, sushi rice being displayed outside of temperature control and not in accordance with an alternative method of compliance is an offence against Standard 3.2.2 clause 8 (5).
Animals in food premises
Are dogs or other animals allowed in food businesses?
Assistance animals, such as Guide Dogs, are permitted in areas used by customers as per Standard 3.2.2 clause 24 (2). A business can request evidence that an animal has had appropriate training to meet required standards of hygiene and behaviour.
Pet dogs may be allowed in outdoor dining areas at the discretion of the business as per Standard 3.2.2 clause 24 (3). For more information, see Animals in food premises.
Dishwashers
What temperature does a dishwasher need to reach to sanitise food contact surfaces?
It depends. Commercial dishwashers may operate differently. High temperature dishwashers sanitise using heat via hot water only while low temperature dishwashers also use chemical sanitisers. Generally, commercial dishwashers should be able to use high temperatures greater than 80°C in their sanitation rinse cycles where no chemical sanitisers are used. The US Food Code 2022 requires food utensils and equipment to be sanitised at a final surface temperature of 71°C if hot water is used for sanitising.
Sanitising occurs from the cumulative build-up of residual heat in the item. Businesses should use manufacturer’s specified program for sanitising and always follow the manufacturer's instructions.
Generally, while domestic dishwashers use lower rinse temperatures than commercial dishwashers, the cycles are longer to compensate. While there is no prescribed method for sanitation with domestic dishwashers specified in the standards, the hottest and longest dishwasher program is recommended, for example ‘hygienic wash’ or equivalent heavy-duty or high-intensity setting.
Reusable packaging
What standards (if any) apply for reusable coffee cups?
Reusable coffee cups/travel mugs and any other food contact surface provided by the customer fall outside the remit of food safety standards. A food business is required to make sure whatever goes into the container is safe but the onus for cleaning and hygiene of the container is the responsibility of its owner. Food businesses are free to develop their own policies on these items for example, refusing to fill unclean containers.
Vulnerable people
What type of business is classified as serving vulnerable people?
Food businesses that process or serve potentially hazardous food for 6 or more hospital patients, aged care recipients, and vulnerable people receiving other services will generally fall within the requirements of the Australia New Zealand Food Standards Code - Standard 3.3.1 - Food Safety Programs for Food Service to Vulnerable Persons.
If the triggers of the standard are not met, the business falls outside the licensing requirements of the Food Authority and will likely be classed as a retail food business regulated by council. For example, retirement villages operating under the Retirement Villages Act 1999 (as opposed to the Aged Care Act 1997) that operate restaurants are considered retail food businesses regulated by council. Businesses wanting to know if they require a Food Authority licence should contact the Food Authority.
Labelling
Does fast food ordered online need to be fully labelled?
That depends if the food meets the exemption in Standard 1.2.1 clause 6(1)(d), that is, it is delivered packaged, ready for consumption, at the express order of the purchaser. If the food is for immediate consumption for example, meal delivery or pizza, it does not need a label. However, certain information requirements must be provided on request to the customer such as what allergens the food contains. It is recommended that this information be provided online while the food is being ordered. If it is not for immediate consumption, such as frozen meals or food that requires further preparation, it requires a full label.
A home-based business is mailing food items (cookies) to customers. Does the food business have responsibility for the food item until it is 'received' by the customer?
Yes. The food business has responsibility for the food item until it is received by the customer even if it is ordered online and delivered via a third-party contractor, delivery company or Australia Post. If there is an issue with the food once it is received, the customer can take recourse directly with the food business. This is consistent with advice given across other sectors, for example food ordered via online food delivery platforms. The food business should ensure the delivery mode keeps the food item safe to eat (for example, protected from contamination, temperature controlled) while enroute to the customer.
A home based business prepares and packages food at home to sell at a market. They are reluctant to put their home address on the label and wish to use a PO address. Is that permitted?
If labelling is required, then the geographic street address is needed. Some nominate their solicitor, accountant etcetera as an alternative, but this is only acceptable with pre-agreement.
If the product is sold via assisted display as per Standard 1.2.1 clause 6(1)(f), then full labelling is not required, however certain information is still required, such as the name of the food and any allergens. This can be on a label (preferable), on display or provided on request.
Can a business sell food past its use by date if it was frozen before the date elapsed?
It is an offence to sell food past its use by date as per food safety Standard 1.2.5 clause 4. However, if a business wishes to freeze a product (such as raw meat) before its use by date lapses, they should request a new best before date from their supplier which they can apply to the frozen product.
Is a food business allowed to change a food product label?
The Food Standards Code generally prohibits altering or defacing food labels once a packaged food is ready for sale (Standard 1.2.1 clause 22). However, if the label contains incorrect information, or a relevant authority has provided permission to change the label, the seller may re-label the food by placing a new label over the incorrect one in such a way that the new label is not able to be removed and the incorrect information is not visible. Authorised officers should ensure that any label change meets the above criteria and that appropriate supporting evidence and records are maintained.
Food Safety Supervisor program
Are the old green Food Safety Supervisor certificates still valid?
As long as the certificate has not expired, the green FSS certificates are valid. You cannot direct a person to obtain a new certificate if their current one is still valid, regardless of whether it is in the new format or not.