New laws for food businesses under Standard 3.2.2A

Recent changes to the Food Standards Code have introduced new requirements for all businesses that prepare and serve food in NSW.

From Friday 8 December 2023, businesses that process unpackaged, potentially hazardous food, and serve it ready-to-eat, are required to:

• have a qualified onsite Food Safety Supervisor;
• ensure all food handlers are trained in food safety and hygiene; and
• be able to show their food is safe.

Businesses that only slice, weigh, repack, reheat or hot-hold potentially hazardous food they have not made themselves, for example for example slicing fruit or reheating meals provided by a caterer, are required to:

• have a qualified onsite Food Safety Supervisor, and 
• ensure all food handlers are trained in food safety and hygiene.

The changes affect most retail and hospitality food businesses, as well as school canteens, childcare and out of school hours (OOSH) services, charities and not-for-profits that regularly sell food, delis, supermarkets, coffee vendors and correctional centres.

See the NSW Food Authority website for more information:

• Standard 3.2.2A quiz for businesses
• Standard 3.2.2A – Frequently asked questions
• Food Safety Supervisors
• Free Food Handler Basics training
• Showing food is safe

Registering your Food Business:

All food businesses must either:

• Notify Council of their food activity details (This depends on the type of business. Check if this applies to your business).
• Hold a NSW Food Authority licence (This applies to food businesses in sectors covered by regulation under the Food Act 2003).
• Notify the NSW Food Authority of their food activity details (This depends on the type of business. Check if this applies to your business).

Temporary Food Stalls (TFS):

Temporary food stalls include any structure set up for a specific, occasional event, such as a fete, fair, market or concert. All food stalls must be registered with Council before conducting business. There are fees associated with this application. Applications must be lodged no less than 10 business days prior to the event to ensure your approval is issued on time.

The NSW Food Authority provides a comprehensive guide of your responsibilities of operating a temporary food stall.

Mobile Food Vendors (MFV):

Mobile food vendors are vehicles which are used for on-site food preparation such as hamburgers, hot dogs and kebabs, one-step food preparation such as popcorn, fairy floss, coffee and squeezing juices or any type of food including pre-packaged food.

In addition to applying to operate a mobile food vending vehicle, an inspection must be carried out prior to approval or renewal, or as requested. Vehicles registered outside of the Gunnedah Local Government Area are required to seek approval to operate in our area.

The NSW Food Authority have put together a Guidelines for Mobile Food Vending Vehicles which provides the food safety standards and requirements that need to be met along with a convenient checklist that allows operators to identify any key issues that they may still need to meet prior to operating.

Private Land Use (MFV only):

The State Environmental Planning Policy (Exempt and Complying Development Codes) allows mobile food vending vehicles to trade from private land subject to certain criteria. Certain development standards apply including a requirement for the consent of the landowner, a limit of one vehicle per site and the hours of operation being restricted to 7am to 7pm in residential zones. Notification to Council is still required.