Food Manufacturing Legislation

Australia / New Zealand Food Regulation System

Why is it important for you to know how food manufacturing is regulated and the laws around it making safe food? 

As food handlers, we are responsible to ensure that the food we make is fit for consumption and will not pose a food safety threat. 

In the previous lesson, we learnt about the food safety Hazards and Risks in the food production chain.  Food laws and regulations are in place to help ensure controls are in place to deliver safe food to all consumers.

Food Standards Australia New Zealand (FSANZ) is responsible for developing Australia’s National Food Regulations. The following video explains the way food laws are formed and enforcement of them.

Source: YouTube – Food Standards Australia New Zealand (FSANZ): How Food Standards Are Developed and Enforced

The following diagram summarises the flow of food regulations within Australia and New Zealand

Source: Food Standards Australia New Zealand – About Us / What We Do (foodstandards.gov.au)

The Food Standards Code:

The Australia New Zealand Food Standards Code (the Code) is the governing legal instrument for food safety, labelling, and composition in both Australia and New Zealand. It covers requirements for additives, contaminants, genetically modified foods, and handling practices, applying to all food sold or manufactured in Australia/New Zealand.

Key Components of the Food Standards Code
The Code is divided into several parts, including: 

• • Part 1: General Standards: Covers labelling (Standard 1.2.1), additives, contaminants, and microbiological limits.
  • Part 2: Food Product Standards: Sets specific standards for food commodities like dairy, meat, and beverages
  • Part 3: Food Safety Standards: Focuses on hygiene and safety, including food handling, food safety programs (Standard 3.2.1), and food premises (Standard 3.3.1).

Check your knowledge on food legislation by flipping each of the following cards

State Legislation

There are a number state legislative acts and regulations that provide guidance on how to manufacture food for public consumption:

• Qld State Food Act 2006 – includes notification of suspected intentional contamination of food
• Qld State Food Production (Safety) Regulation 2014 – Prescribed goods (also refers to Food Standards Code) have specific requirements for industry under the following:
  • dairy scheme
  • egg scheme
  • horticulture scheme
  • meat scheme

Local (Council) Responsibilities

The local council has a number of important enforcement responsibilities along with being a source of engagement for food safety.  This includes the following:

Food Business Licensing & Registration

• Issue licenses or require notification for food businesses (restaurants, cafes, takeaway shops, etc.)
• Maintain a register of all food businesses in their area
• Assess applications for compliance before approval

Food Safety Inspections

• Conduct routine and complaint-based inspections of food premises
• Check compliance with the Australia New Zealand Food Standards Code
• Inspect for hygiene, food handling, temperature control, cleaning, and pest control

Enforcement of Food Laws

• Take action when businesses breach food safety laws
• This can include:
  • Improvement notices
  • On-the-spot fines (infringement notices)
  • Seizure of unsafe food
  • Closure of premises (in serious cases)

Investigation of Complaints & Food Incidents

• Respond to public complaints about food poisoning or unsafe practices
• Investigate suspected outbreaks of Foodborne illness in coordination with state health departments

Food Handler Education & Advice

• Provide guidance to food businesses on compliance
• Promote safe food handling practices
• Sometimes run training or awareness programs

Food Handler (You) Responsibilities

• All Food Handlers in Australia need to have current food safety knowledge, so they can ensure all food which is prepared and served is safe for people to eat.  

• More information for food handlers:
  • Skills and knowledge for food handlers.pdf

Business (Food Manufacturer) Responsibilities

All food manufacturing businesses have a number of responsibilities in relation to food safety:

• provide safe and suitable food to consumers or other food businesses
• comply with all food safety legislation, regulations and standards
• comply with any conditions specified in a food business license
• notify 13HEALTH (telephone: 13 432 584) for the suspected intentional contamination of food
• conduct food recalls for any food that is determined to be unsafe.
• commitment to improvement (develop culture)
• Food Safety Supervisor as per food Handlers Requirements
• Correct Labelling / communication to consumer

Industry Bodies

Their a many non government organisations (NGO’s) in the food space that service different needs of industry including the following:

• Advocates of food industry
• Develop codes of practice / guidelines – reduce regulatory load
• Monitoring – reporting of issues and industry guidance
• Lobbying of relevant government agencies
• Marketing and promotion of Industry
• Feedback on food regulations or request for change to FSANZ
• Examples in Qld – FIAQ, AFGC (PIF), Chamber of Commerce (AIG)
• https://www.business.qld.gov.au/industries/hospitality-tourism-sport/food/industry-associations