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Food laws for retail businesses

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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)

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 2015

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 Miscellaneous (includes the ability to issue offences and penalty notices)
  • Part 3 Fees and charges (includes fees and charges for issuing a penalty notice) 
  • Part 4 Food Safety Supervisors (as stated in the Act)
  • Schedule 2 Penalty notices (relates to the specific penalty amount charged depending on the offence against the Act)
  • Part 5 Requirements for display of nutritional information

For more information, see NSW Food Regulation 2015.  

Other laws

There are other laws that relate to food promotion and packaging, which are enforced by other agencies. These include:

Contact these agencies for questions about each law. 

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