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Food legislation and standards
Legislative requirements
Retail food premises in NSW are governed by:

Food Act 2003
The objectives of the Food Act 2003 are to:

  • Ensure food for sale is safe and suitable for human consumption;
  • Prevent misleading conduct in connection with the sale of food; and
  • Provide for the application of the Food Standards Code.

Food Standards Code - Standard 3.2.2: Food Safety Practices and General Requirements
The NSW Food Act 2003 requires all food businesses that sell, prepare, store and transport food to meet the Food Standards Code, which sets the standards for food and food businesses. 
Food Standards Code - Standard 3.2.2 Food Safety Practices and General Requirements

The standard sets out specific requirements for food businesses and food handlers that, if complied with, will ensure food does not become unsafe or unsuitable. It specifies process control requirements to be satisfied at each step of the food handling process.

Some requirements relate to the receipt, storage, processing, display, packaging, distribution disposal and recall of food. Other requirements relate to the skills and knowledge of food handlers and their supervisors, the health and hygiene of food handlers, and the cleaning, sanitising, and maintenance of premises and equipment. 

Food Standards Code - Standard 3.2.3: Food Premises and Equipment
Food Standards Code - Standard 3.2.3 Food Premises and Equipment sets out requirements for food premises and equipment that, if complied with, will facilitate compliance by food businesses with the food safety requirements of Standard 3.2.2.

The objective of this Standard is to ensure that, where possible, the layout of the premises minimises opportunities for food contamination. Food businesses are required to ensure that their food premises, fixtures, fittings, equipment and transport vehicles are designed and constructed to be cleaned and, where necessary, sanitised.
Businesses must ensure that the premises are provided with the necessary services of water, waste disposal, light, ventilation, cleaning and personal hygiene facilities, storage space and access to toilets.

Food Regulation 2010
The Food Regulation 2010 underpins Councils' food regulatory work, which aims to reduce the incidence of foodborne illness linked to certain food sectors in NSW. It specifies requirements for administration fees, food safety supervisors and enforcement options (e.g. penalty infringement notices).

It is important to the food industry as it sets minimum food safety requirements for food industry sectors that have been identified as higher risk: meat, dairy, seafoodshellfish and plant products and egg businesses and businesses preparing food for vulnerable persons in NSW. These businesses are subject to food safety schemes and regulated by NSW Food Authority.

Singleton Council
PO Box 314 Singleton NSW 2330
Ph: 02 6578 7290