Food Safety Compliance

Food safety compliance is becoming ever tighter across the world. Quality systems based on Hazard Analysis Critical Control Point (HACCP) are rapidly becoming the international standard for food safety. 'Traceability' is quickly becoming mandatory for businesses in the food chain������- from paddock to plate.

Several examples of food safety problems highlighted in the media in the last few years have increased public concern regarding the safety of the food chain.

It is now clear from court cases as a result of these incidents that, as a defence in law, all members of the food chain must be able to prove, via documentation, that they did everything in their power to produce safe food.

THE AUSTRALIAN NEW ZEALAND FOOD STANDARDS SYSTEM

Food Standards Australia New Zealand (FSANZ) is the agency responsible for the development and maintenance of a joint Australia New Zealand Food Standards Code. Although FSANZ develops food standards, responsibility for regulating and enforcing standards rests with the states and territories in Australia and the New Zealand government in New Zealand .

Under the Temperature Control Requirements of the Food Standards Code a food business must ensure that the temperature of potentially hazardous food is at either 5o or colder, or, 60o or hotter when it is received/displayed/transported/stored. Potentially hazardous food must be cooled from 60o to 21o within 2 hours and from 21o to 5o within a further 4 hours.

To enable a food business to measure this temperature change, it must have a temperature-measuring device that is easily accessible and can accurately measure the temperature of potentially hazardous food to +/- 1o.

VICTORIA FOOD ACT 1984

Requires that a food safety audit be conducted at declared intervals to determine whether a food safety program; has been complied with during the period covered by the audit; and is still adequate at the date of the audit.

All Class 1 food businesses are required to be audited. These businesses include those providing food for consumption predominantly by at-risk/vulnerable populations - hospitals; aged care facilities, childcare facilities and meals on wheels kitchens where food is handled or sold; is high risk; is ready to eat; is handled prior to sale.

Any other business that chooses to develop their own independent food safety program must also be third party audited. However, those businesses (now called Class 2) can also choose to develop their food safety program from a State registered template and instead of having a third party audit will have a compliance check by local government.

NSW FOOD ACT 2003

The NSW Food Authority works with local government to enforce all aspects of the Australian and New Zealand Food Standards Code, the NSW Food Act 2003 and the State's food safety programs.

The NSW Food Act 2003 regulates the handling of food for sale and the sale of food and to provide for the application of the FSANZ Code in New South Wales . The objects of this Act include the following:

  • to ensure food for sale is both safe and suitable for human consumption,
  • to prevent misleading conduct in connection with the sale of food,
  • to provide for the application in this State of the Food Standards Code.

SOUTH AUSTRALIAN FOOD ACT 2001

The South Australian Food legislation currently includes the Food Act 2001 and Food Regulations 2002. Both legislation forms came into force on 1 December 2002 . The Food Regulations 2002 include a provision adopting the FSANZ Code. Details of temperature control requirements for the Code are detailed in the above section.

WESTERN AUSTRALIA HEALTH ACT 1911

In Western Australia , food safety is the responsibility of the Health Department of Western Australia (DOHWA) and currently is dealt with under the Health Act 1911 . However, following stakeholder consultation, there has been agreement to progress the majority of the MFA as the WA������������������Food and Related Matters Bill . This Bill has been drafted by the DOHWA and is likely to be introduced into State Parliament in 2005. The Bill, once enacted, will replace the food component section contained in the Health Act 1911 .

NORTHERN TERRITORY FOOD ACT

On 1 July 2004 , The Northern Territory Government passed new laws relating to the sale and supply of food in the Northern Territory . They included the adoption of the FSANZ Code. The legislation also requires all food businesses to be registered. Details of temperature control requirements for the Code are detailed in the above section.

TASMANIA FOOD ACT 2003

In September 2001, Tasmania adopted three (3) National Food Safety Standards (FSS) under the FSANZ Code (notified in the Tasmanian Government Gazette on 5th September 2001 ).

The current enforceable Food Safety Standards in Tasmania are:

  • Standard 3.1.1 (Interpretation & Application);
  • Standard 3.2.2 (Food Safety Practices & General Requirements);and
  • Standard 3.2.3 (Food Premises & Equipment).