Food Safety Legislation - Kimberly-Clark Professional* Dispeners

Food Legislation

Food preparation and serving - Legislation

Food businesses in Australia and New Zealand are required to comply with the Food Standards Code (FSC).
The Food Standards Code is developed by Food Standards Australia and New Zealand (FSANZ).
The FSC has 4 main chapters:
1. General food standards that apply to all foods including:
  - Labelling requirements
  - Maximum levels of contaminants
2. Specific food group standards such as meat products and fish products.
3. Food Safety Standards (these do not apply to NZ):
  - Requirement for a food business to have a food safety program (does not apply in all States);
  - How foods must be handled;
  - Standards for food premises.
4. Primary production standards for such products as wine, dairy products, meats and seafood.

The State Food Acts, as well as the NZ Food Act, require a food business to comply with the requirements of the FSC.

Each State has its own Food Act. Different, but substantially the same.
In general these Acts require a food business not to sell unsafe and unsuitable foods.
- “Sell” has a very broad meaning and can refer to any transaction in the food chain, including demonstrations and chocolate wheel raffles;
- An unsafe food is one that may cause the consumer harm;
- An unsuitable food is one that may be safe but does not comply with FSC requirements, for example, the use of non approved food additives or pesticide residues in excess of permitted levels.
Food businesses must comply with the Food Standards Code.
Penalties under these Acts are substantial; for example, knowingly selling unsafe food:
- $100,000 for an individual and 2 yrs in gaol;
- $500,000 for an organisation.

Each State Food Act allows for the legal defence of “Due Diligence”. That is, where a food is found to be unsafe, the food business that produced the product may have a legal defence if they can demonstrate that they:
- Have taken all reasonable precautions to protect food from contamination;
- Can demonstrate that they have taken all due care.
Implementation of a Food Safety Program (FSP) and having it externally assessed is an integral part of demonstrating “Due Diligence”.

Most States now have a single regulatory body responsible for enforcing the State Food legislation. For example:
- “NSW Food Authority” and “Safe Food Queensland”.
Inspectors with these Authorities have a wide range of powers to enter premises and take samples as part of any investigation.
Local Councils also have some responsibilities and authorities under the State Food legislation. Their Environmental health Officers may initiate prosecutions or breaches of the State Food Acts.

Depending upon which particular food sector you are in, there are two pieces of legislation you may have to comply with.

1. Food Act

This applies to most food businesses other than meat, seafood or dairy processors;
Requires the sale of safe and suitable foods;
Requires compliance with the Food Standards Code;
Fines for non compliance are minimal;
Have the option of:
- Complying with Hygiene Regulations,
- Implementing a Food safety Program which is audited by an approved food safety auditor,
It’s currently under review and is likely to require food businesses to develop a Food Control Plan:
- Off-the-peg plan for low risk businesses,
- Have to develop your own for high risk food businesses.

2. Animal Products Act

Requires meat, dairy and seafood businesses to implement a Risk Management Program;
Requires an independent audit by approved auditors.

The New Zealand Food Safety Authority (NZFSA) is primarily responsible for enforcing the requirements of both sets of legislation;
Local Councils will also have some responsibilities and authorities.