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Food safety is hugely important for every business involved with food in Australia. A key regulation, known as Standard 3.2.2A, adds new requirements to ensure that food remains safe to eat. While this standard is a nationwide requirement, it's important to note that each state and territory has its own way of checking if businesses comply with it.
What is Standard 3.2.2A?
Part of the broader Australia New Zealand Food Standards Code, this new standard focuses on the roles and responsibilities of food businesses and their staff. Specifically, the standard outlines three new food safety management tools, and who should apply them. These tools are Food Handler training, Food Safety Supervisor certification and availability, and record-keeping. Complying with this standard is a must for any food business to guarantee that the food they serve is safe to eat.
The Rule Applies Across Australia
No matter where your food business is in Australia, this legislation is in effect. It applies whether you have a small café in Sydney or a large restaurant in Perth. While every food business needs to follow the same rules for Food Handlers and Food Safety Supervisors under the new standard, only category one businesses must use the record-keeping tool as well. However, whether you have a category one or category two business will determine whether you must keep records as part of 3.2.2A compliance.
How Does Standard 3.2.2A Affect Each State & Territory?
Even though the law applies across the country, each state and territory has its own way to ensure food businesses follow the law.
New South Wales (NSW)
Businesses such as school cafeterias, delis, and places like jails were previously not required to have a Food Safety Supervisor on staff. Under Standard 3.2.2A, they will now need both an FSS and evidence of Food Handler training. Food Safety Supervisor training requirements in New South Wales are stricter than anywhere else in Australia, and additional skills and knowledge must be held by Food Safety Supervisors that operate there. Only certain providers, such as the Australian Institute of Food Safety, are authorised to deliver training in this state. After completing Food Safety Supervisor training, the Australian Institute of Food Safety provides a Food Safety Supervisor certificate on behalf of the NSW Food Authority. This was previously known as “the green certificate” but has changed to a purple colour in recent years, which has caused some confusion. This certificate will be requested during food safety inspections.
In NSW, the Food Authority conducts unannounced inspections, guided by the Food Act 2003 and Food Regulation 2015. During these visits, they closely examine if Food Safety Supervisors are trained according to Standard 3.2.2A, as well as the standards stipulated above. They also check for other food safety non-compliances such as improper storage, improper time and temperature control and cleaning and sanitising issues. Non-compliance can lead to penalties such as hefty fines or, in severe cases, temporary closure.
Victoria
In Victoria, the classification system is different from the federal classification system outlined in Standard 3.2.2A, which has two food business categories. Instead, there are four classes, with class one being the highest risk, and class four being the lowest risk. Class one and two businesses in Victoria must have at least one designated Food Safety Supervisor on staff at all times. Health Inspectors in Victoria also have the right to close businesses where there is an immediate threat to public health.
While the state laws differ, Standard 3.2.2A now applies as well, making some food businesses category one, and some category two. It’s possible in Victoria that a business can be category one under Standard 3.2.2A but class three under state law, which can get very confusing. It’s hoped that there will be more alignment between the two systems in the coming years.
In Victoria, the state ensures that Food Handlers and Food Safety Supervisors are adequately trained according to Food Safety Standard 3.2.2A through a system of audits and inspections. Conducted by the Department of Health and Human Services, these routine checks evaluate the level of food safety training received by staff in various food establishments, as well as checking for regular food safety non-compliances. The Department specifically looks for evidence that food handling employees have undergone comprehensive training that aligns with the criteria outlined in Standard 3.2.2A, which covers everything from hand hygiene to temperature control. Failure to meet these training requirements can lead to enforcement actions, including fines or even revocation of a food business license.
It’s important to note that in Victoria there was previously no expiry on Food Safety Supervisor training, so those who completed it more than five years ago must renew their certification as per the new standard.
Queensland
In Queensland, the Food Act 2006 governs food safety and is enforced by Queensland Health, which also oversees the implementation of Food Safety Standard 3.2.2A. All licensed food businesses in the state must have an easily accessible Food Safety Supervisor. Food Safety Supervisors in category one and category two businesses are required to obtain a certificate from a Registered Training Organisation (RTO) such as the Australian Institute of Food Safety. This certificate should correspond with the national competencies specific to their sector (retail, hospitality, health and community and food processing sectors are recognised), and must have been attained within the last five years which is a new requirement for the state, as there was previously no expiry date on the certificates.
The stricter requirements regarding Food Handler training are also new to the state and will be monitored and enforced by Queensland Health. To assess compliance, local governmental authorities conduct regular inspections and audits, during which businesses may need to furnish evidence of employee training, such as certificates and training records.
South Australia
In South Australia, food businesses are categorised based on their level of risk, ranging from Priority 1 (P1), which represents the highest risk, to Priority 4 (P4), the lowest risk category. These classifications dictate the urgency for inspections, the frequency of these inspections, and the regulatory requirements that are applicable. It's crucial to note that this state-level classification system differs from the federal system detailed in FSANZ Standard 3.2.2A, which only comprises two categories of food businesses. Therefore, it's important for food businesses to be aware of their classification at both the state and federal levels.
Food workers in South Australia must now meet all food safety training requirements as per FSANZ Standard 3.2.2A. This is a new requirement for the state and food businesses must ensure that Food Safety Supervisors and Food Handlers all hold the appropriate qualifications by December 8th this year.
South Australia’s local government is authorised by Food Act 2001 to carry out unscheduled inspections, focusing on elements like cleanliness and food preparation methods, as per the state act and Standard 3.2.2A. Health Inspectors also check that Food Safety Supervisors and Food Handlers are trained and competent, according to local and national standards.
Businesses can demonstrate their management of essential food safety measures through various methods. These include maintaining either written or digital records, annotating invoices, capturing photographs, creating written guidelines for standard operations, and discussing processes directly with the food safety regulator.
Western Australia
With the implementation of FSANZ Standard 3.2.2A, Western Australia has introduced specific training requirements for Food Handlers and Food Safety Supervisors. The food business needs to confirm that every Food Handler involved in a prescribed activity has either a completed food safety training course or skills and knowledge in food safety and hygiene that are appropriate for that specific activity. Also, the food business must both designate a Food Safety Supervisor and ensure that this person is readily available to advise and supervise each Food Handler involved in that activity.
Compliance is evaluated through routine inspections, focusing on areas such as cleanliness in food preparation and proper food storage. Feedback sessions are frequently provided post-inspection to help businesses uphold these standards. In addition to the new standard, food safety in the state continues to be regulated by the Food Act 2008, which is enforced by WA Health. The Act stipulates that all food sold in the region must be safe for consumption and comply with the Food Standards Code. Business registration is also obligatory and includes mobile vendors such as market stalls and food trucks.
WA Health also maintains a Food Offenders List that is publicly available. This list includes details of businesses and individuals who have been convicted under the Food Act 2008, and the information remains accessible for a duration of up to 24 months.
Tasmania
In Tasmania, the key change related to Standard 3.2.2A is the requirement for food businesses to appoint at least one Food Safety Supervisor who has been trained by a Registered Training Organisation (RTO) such as the Australian Institute of Food Safety within the last five years, and who is readily available to the business when issues arise. Food Handlers must also be trained to the new standard as stipulated in FSANZ laws.
In Tasmania, Food Safety Standard 3.2.2A is implemented through the Food Act 2003, overseen by the Department of Health. This standard provides rules for key food safety areas like how to store food and control its temperature.
During regular and often unannounced inspections, special attention will be given to ensuring that Food Handlers and Food Safety Supervisors are adequately trained according to Standard 3.2.2A. Non-compliance with food safety laws in Tasmania can lead to penalties ranging from warnings to fines or business closure.
Northern Territory
In the Northern Territory, food safety falls under the jurisdiction of the NT Department of Health and is regulated by the Food Act 2004. This Act insists that all food sold within the territory adhere to the Food Standards Code and be safe for human consumption.
Food businesses in the Northern Territory are classified into four risk-based categories. These are informed by various factors, including the type of food, business activities, processing methods, and customer demographics. Note that this state-level system varies from the federal FSANZ Standard 3.2.2A, which outlines just two categories for food businesses. It's crucial for businesses to understand their classification under both state and federal guidelines.
Recent legislation passed by FSANZ now mandates that Food Safety Supervisor and Food Handler training is obligatory in the Northern Territory. Public health officers conduct inspections in accordance with the Food Act 2004, particularly focusing on the qualifications and training of staff responsible for food safety. If a business is found lacking in compliance with Standard 3.2.2A, corrective action plans are typically initiated to guide improvements in staff training practices.
Australian Capital Territory (ACT)
In the Australian Capital Territory (ACT), it’s been mandatory since 2015 for all registered food businesses, including those operating at specific declared events, to designate a Food Safety Supervisor (FSS). The Food Safety Supervisor must have attained their certificate within the last five years, which means that those who got qualified in 2015 when the requirement was introduced likely now need retraining.
The stricter Food Handler training requirements are new for the ACT though, and businesses must ensure all Food Handlers adhere to the new requirements. In the Australian Capital Territory (ACT), the Health Protection Service conducts inspections and verifies that Food Handlers and Food Safety Supervisors are trained according to Standard 3.2.2A, as well as ensuring other food safety standards are being met.
The findings from these inspections, often in the form of reports and audits, are shared with the businesses. These reports focus on finding any gaps in adherence to Standard 3.2.2A and other legislation, as well as offering improvement guidance.
Better Your Business With Training
The Australian Institute of Food Safety (AIFS) provides comprehensive courses designed to help Food Handlers and Food Safety Supervisors understand and comply with Standard 3.2.2A as well as state and territory legislation. These courses are applicable across all states and territories in Australia.
Completing this training not only improves the safety measures in your food business but also protects the business’s reputation and bottom line. AIFS has a team of Compliance Advisors who are able to advise on training requirements for your business. Click here to schedule a free consultation.