Food Safety Food Safety Legislation and Legislation and School CanteensSchool Canteens

Suzanne Kennewell

Dietitian and Food Services Manager

Food Safety and School CanteensFood Safety and School Canteens

Inconsistent food safety laws throughout Australia for many years.

Complaints from business that this was anticompetitive and was not outcome based.

Blair review conducted in the late 1990’s agreed and recommended consistent outcome based national food safety laws.

Food Safety and School CanteensFood Safety and School Canteens

National hygiene standards were enacted and made enforceable from February 2001.

These standards apply to every business “selling” food in Australia.

Number of agencies in NSW were then responsible for enforcing food regulation including NSW Health, SafeFood NSW and local government.

Food Safety and School CanteensFood Safety and School Canteens

Kerin review in 2002 recommended a single “through-chain” agency to ensure better enforcement of food regulation in NSW.

NSW Food Authority created in April 2004.Local councils were still able to, but were not

required, to enforce food regulation.Changes to NSW Food Act in early 2008

mandates a role for local councils.

Food Safety and School CanteensFood Safety and School Canteens

Food Authority is responsible for primary producers, manufacturers, wholesalers and “high risk” businesses such as hospitals, aged care and child care.

Local councils are responsible for retail food businesses in their area.

All food businesses must notify the Food Authority of their food related activities.

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More information about partnership between Food Authority and local councils can be found on Food Authority’s website.

Document “Pathway to partnership – a guide to food regulation in NSW” explains changes.

Businesses can also notify Food Authority of their activities on Food Authority’s website.

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Councils to decide frequency of inspections based on relative risk of business.

Food Authority suggest up to 2 inspections p.a. for higher risk businesses and 1-2 inspections p.a. for medium risk businesses.

Low risk businesses can be handled on ‘complaint’ basis only.

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Legislation allows councils to charge fees to businesses to recover costs.

Food Authority have range of suggested fees and charges, although councils can chose to charge more or less.

Many councils are reducing or waiving fees for charitable or not-for-profit businesses.

Food Safety and School CanteensFood Safety and School CanteensAnnual administration charge

– $250 for 5 or less FTE food handlers– $500 for 6-50 FTE food handlers– $2000 for >50 FTE food handlers

Administrative fee can only be charged if a business is inspected.

If a business is not inspected by the end of the year the fee is charged, it should be refunded.

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Suggest $143.08 per hour for inspections, excluding time for travel.

However $35.77 for travel may be charged.May also charge $330 for an improvement

notice – this is NOT a fine, but to recover cost of preparing notice and reinspection.

However, council may chose “softer” option of issuing warning letter.

Food Safety and School CanteensFood Safety and School Canteens

FSANZ have published “Safe Food Australia” which includes the relevant food safety standards.

Also includes useful interpretations of what these standards mean in every day practice.

Can be downloaded in pdf format from Food Standards website.

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3.1.1 – Interpretation & Application3.2.2 – Food Safety Practices and General

Requirements3.2.3 – Food Premises and Equipment

3.2.1 – Food Safety Programs is a voluntary standard and does not apply to

school canteens in NSW.

Food Safety and School CanteensFood Safety and School Canteens

Standard 3.2.2 states that – A food business must ensure that persons undertaking or

supervising food handling operations have: (a) skills in food safety and hygiene matters; and (b) knowledge of food safety and hygiene matters, commensurate with their work activities.

So there is an existing requirement that staff have relevant skills and knowledge so they can prepare and serve food safely.

Food Safety and School CanteensFood Safety and School Canteens

Recent media release re introduction of mandatory food safety training by registered training organisation for “retail” businesses.

Food Authority have not yet decided if school canteens will be included in this requirement.

Food Authority are aware of implications for charity and not-for-profit businesses.

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Food Authority have developed Industry Reference Group for those impacted by partnership arrangement with councils.

Aware of some significant variations across various councils.

Future inspection guidelines for retail businesses may be extremely useful.