Laws have changed for Australian Food Businesses.

Changes to the Australia New Zealand Food Standards Code mean that since December 8 2023, requirements have changed for many food service businesses across Australia.

If you’re not yet compliant, you may need to take action.

Download Action Plan

Laws have changed for Australian Food Businesses.

Changes to the Australia New Zealand Food Standards Code mean that since December 8 2023, requirements have changed for many food service businesses across Australia. 

If you’re not yet compliant, you may need to take action.

Download Action Plan

Laws came into effect on December 8 2023

If your business prepares or serves food anywhere in Australia,
these changes may affect you and you may need to take action.

3.2.2a Timeline

Laws came into effect on December 8 2023

If your business prepares or serves food anywhere in Australia, then these changes may affect you and you may need to take action.

3.2.2a Timeline Mobile

What is Standard 3.2.2A?

Standard 3.2.2A is a recent addition to the Australia New Zealand Food Standards Code. This change means that since December 8 2023, requirements have changed for many food service businesses across Australia.

Certain business types in NSW were given an extended compliance deadline of 8 December 2024, which has now passed. The extension applied to school canteens, children’s services that provide food, supermarkets, greengrocers, delis, coffee vendors that serve food, correctional centres and boarding schools.

The following requirements need to be met by businesses that prepare or serve food in any Australian state or territory. Standard 3.2.2A outlines the need for a food safety management system within a business, by mandating the following three tools:

  1. Food Handler Training
  2. Food Safety Supervision
  3. Record Management

The specific tools that a business needs to implement is determined by the category of business. 

Who does this impact?

The latest changes impact certain businesses in New South Wales.

School canteens, children's services that provide food, supermarkets, greengrocers, delis, coffee vendors that serve food, correctional centres and boarding schools operating in NSW must all be be compliant with Standard 3.2.2A by December 8 2024.

Since December 8 2023, all other businesses that prepare or serve food in any Australian state and territory have needed to comply with the new legislation. In Australia, food safety laws are enforced at a state and territory level.

No matter which state or territory you operate within, the new requirements of Standard 3.2.2A are more extensive than previous requirements. This means that food businesses need to take action to ensure they remain compliant as the consequences of noncompliance can be serious.

Prior to recent changes, many states and territories had their own special requirements for food handling and record keeping, these included New South Wales, Victoria, Queensland and the Australian Capital Territory.

This also means that for the first time, those states and territories that previously had limited requirements, must now follow the new standard. This includes Western Australia, South Australia, Tasmania and the Northern Territory.

Penalties & Non Compliance

The penalties for not complying with the Food Standards Code vary depending on the severity of the violation, as well as the state or territory the business is operating in. These can include fines, suspension or cancellation of a food business licence.

Additionally, food safety incidents resulting from non-compliance can result in damage to a business’s brand and reputation, a loss of customers, and the potential for legal action by affected consumers.

Action Plan

3.2.2A Action Plan

To help with the process of becoming compliant we’ve created a simple 3.2.2A Action Plan template for you to use within your business.

This document guides you through a series of steps based on the requirements specific to your business.

Fact sheet

3.2.2A Fact Sheet

With the introduction of Standard 3.2.2A the food safety measures are further extended provide a greater level of consistency, safety and security to the Australia food sector. In this 3.2.2A Fact Sheet you will find everything you need to know about the new minimum requirements for food safety. 


3.2.2A Fact Sheet

With the introduction of Standard 3.2.2A the food safety measures are further extended to provide a greater level of consistency, safety and security to the Australian food sector.

In the 3.2.2A Fact Sheet you will find everything you need to know about the minimum requirements for food safety. 

Fact sheet

AFS-Webinar-Mockup-Resized

3.2.2A Webinar

No matter which state or territory you operate within, the new requirements of Standard 3.2.2A are more extensive than previous requirements.

This webinar explains the steps your food business needs to take to stay compliant with recent industry changes.

3.2.2A Approved Programs

To ensure that training programs have met the new standard, the 3.2.2A approval process has been introduced. This audit process is performed by AIFS industry compliance professionals that verify training programs against the requirements described in Standard 3.2.2A.  

Programs that successfully pass this process have been deemed to meet these requirements and are eligible to use the 3.2.2A Approved logo. We recommend always looking for the 3.2.2A Approved symbol when choosing a training program to ensure you are undertaking a fully approved program that meets your compliance requirements.

3.2.2A Approved programs are:

  • Designed specifically for Standard 3.2.2A
  • Accepted in all states & territories & for all industries
  • Available for both Food Handler & Food Safety Supervisor training
  • Delivered via a Nationally Recognised Training organisation

All 3.2.2A Approved Training Programs include a 3.2.2A Record Keeping Toolkit

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3.2.2A Compliant Training Programs

Whether you're a food worker, business owner or training manager, our food safety courses make it easy for you to meet your legal requirements.

AFS 322a Toolkit

3.2.2A Record Keeping Toolkit

To stay compliant with Standard 3.2.2A, records should be maintained as part of a food safety management system. They must be stored and be available upon request.

All 3.2.2A Compliant Training Programs include a 3.2.2A Record Keeping Toolkit

Speak to an Advisor (Virtual Zoom Call)

We also recommend you speak with a Compliance Advisor through a virtual Zoom call. This free service will help you gain an understanding of the requirements that apply to your business.

An Advisor will help to outline the steps you need to take to ensure compliance.

To speak with an Advisor via a Zoom virtual call, schedule a call in the calendar here, or simply call 1300 797 020.

Speak to an Advisor
Submit an Enquiry
 


Frequently Asked Questions

Which states are affected by these changing laws?

Standard 3.2.2A affects all Australian states & territories: New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Northern Territory and the Australian Capital Territory. Since December 8 2023, most food businesses across Australia have needed to be compliant with Standard 3.2.2A.

New South Wales extended the deadline to December 8 2024 for certain types of businesses - school canteens, children's services that provide food, supermarkets, greengrocers, delis, coffee vendors that serve food, correctional centres and boarding schools. 

This deadline has now passed and all impacted businesses in NSW should now be compliant with Standard 3.2.2A.

What about my state or territory's food safety legislation?

You may need to comply with that, too. This is definitely causing some confusion at the moment.

Standard 3.2.2A exists alongside existing state legislation but doesn't replace it. That means you may need to comply with food safety regulations outlined in Standard 3.2.2A as well as with the food safety legislation in the state or territory where you operate.

The extended December 8 2024 deadline for certain types of food businesses in New South Wales is an example of state legislation.

My state or territory already had Food Safety Supervisor requirements. Do I need to do anything?

Yes, there are three parts to the new requirements under Standard 3.2.2A that you need to be aware of.

First, all Food Safety Supervisors must have been trained and received their certificate within the last 5 years. This means that most Food Safety Supervisors around Australia need to re-do their training.

Second, training requirements for Food Handlers are now much more stringent, and it's essential to ensure your employees are trained to the required standard.

Third, you need to check that you're meeting the new record-keeping requirements, as these are quite different from what existed previously in some states and territories.

Which food safety management tools do I need to implement for my business?

The number of tools that a business needs to implement is determined by the category of the business. Talk to our compliance team to find out which category your business fits within.

What should I know about Record Management?
The new standard requires food safety record keeping via an evidence tool. To comply with this requirement, most businesses should maintain records and demonstrate to authorised officers that the record keeping requirements outlined in Standard 3.2.2A are being met for certain prescribed activities. Talk to our compliance team to learn more about Record Management.
Why does my business have two categories?

Standard 3.2.2A divides businesses that serve or sell food into Category One or Category Two. You need to abide by the regulations in Standard 3.2.2A according to the category your business belongs to.

However, many states and territories also have their own classification system and state or territory laws that must be adhered to. So your business may be Category One under Standard 3.2.2A but Category Three under state legislation, and you must know and adhere to both!

It's hoped that state, territory and federal categories will be aligned and streamlined in the future, but there are currently no announcements about this at a state or federal level.

My Food Safety Supervisors have been in the industry for years. They don't need to do anything, right?

If they've been in the industry for years, you need to check the competency date on their Statement of Attainment for Food Safety Supervisor training. Standard 3.2.2A requires the Food Safety Supervisor to have attained competency within the last five years, so if they were certified more than 5 years ago they'll need to re-do the course.

Previously, only New South Wales and ACT had requirements for 5-year renewals, so it's likely that long-term Food Safety Supervisors in other locations will need to renew.

It’s important to note that in Victoria, Food Safety Supervisors who completed training any time before December 8 2023 do not need to renew their certificates until December 2028. However, anyone wishing to act as a Food Safety Supervisor who was not previously qualified must complete the training immediately.

Does the Food Safety Supervisor qualification expire?

Yes, Food Safety Supervisors must have a Food Safety Supervisor qualification that is less than 5 years old and must have the authority and ability to manage and give direction on the safe handling of food.  

In addition to supervising Food Handlers, Food Safety Supervisors must help ensure food is kept safe, in particular for high-risk and potentially hazardous food. To meet this requirement, nominated Food Safety Supervisors must complete a 3.2.2A Compliant Food Safety Supervisor Course. They must also make themselves available on-site and need to be able to provide their certificate to an authorised officer upon request.

* Victoria has extended the deadline to December 2028 for existing Food Safety Supervisors to renew their certification.

I've been told I need to do industry-specific Food Safety Supervisor training. What does this mean?

There are four versions of Food Safety Supervisor training, which differ slightly depending on the industry you work in. Environmental Health Officers will check your Statement of Attainment during an inspection to ensure you've completed training for the right industry.

The four Food Safety Supervisor industries are Hospitality, Health & Community, Retail and Food Processing. However, only certain industries are required across the states and territories:

  • ACT: Hospitality, Retail and Health & Community are accepted.

  • NSW: Hospitality and Retail are accepted.

  • NT: Hospitality and Retail are accepted.

  • QLD: All industries are accepted.

  • SA: Hospitality, Retail and Health & Community are accepted.

  • TAS: Hospitality, Retail and Health & Community are accepted.

  • VIC: All industries are accepted.

  • WA: Hospitality, Retail and Health & Community are accepted.

The Australian Institute of Food Safety is approved to deliver Food Safety Supervisor training for all four industries and is approved across all states and territories. All Food Safety Supervisor training provided by the Australian Institute of Food Safety also meets the legislative requirements under Standard 3.2.2A.

When should I nominate a secondary Food Safety Supervisor?
It is recommended that any business that operates beyond 8 hours per day, or employs shift workers, nominates a minimum of two Food Safety Supervisors per location. This allowance is designed to compensate for employee time-off, shift work, and holidays.
Have there also been changes made to the Food Handler Training?

With the introduction of Standard 3.2.2A, Food Handler training is now a mandatory requirement across Australia. 

The standard requires that anyone handling food within a business has the appropriate food safety skills and knowledge to handle potentially hazardous foods and ensure they are safe to eat. To meet this requirement, Food Handlers should complete a 3.2.2A compliant course covering the following topics:

  • Safe handling of food
  • Food contamination
  • Cleaning and sanitising of food premises and equipment
  • Personal hygiene
My Food Handlers already completed nationally recognised training. Is this enough?

Probably not. Most Food Handler training is based on the unit of competency SITXFSA005 - Use hygienic practices for food safety. Unfortunately, this unit of competency does not include all of the required skills and knowledge outlined in Standard 3.2.2A for Food Handlers, especially for items such as allergen management.

Be sure to enrol Food Handlers into a Standard 3.2.2A compliant course, as these have been adapted to meet both the requirements of the unit of competency as well as the new legislation.