Penalty Charges for Not Having a Food Safety Supervisor

Different states and territories in Australia apply different penalties to breaches of Food Safety Supervisor regulations.
June 28, 2016
By Sally Santacruz

Different states and territories in Australia apply different penalties to breaches of Food Safety Supervisor regulations.

New South Wales

In NSW, there are two offences that carry penalties if a food business does not comply with Food Safety Supervisor laws and regulations. These are:

  • Failure to appoint a Food Safety Supervisor
  • Failure to keep a copy of the NSW Food Safety Supervisor Certificate on premises

Failure to appoint a Food Safety Supervisor

This penalty applies if a food business:

  • Does not appoint at least one Food Safety Supervisor per premises (or per business for mobile caterers) within 30 days of the original Food Safety Supervisor ceasing to act in that role

Failure to keep a copy of the NSW Food Safety Supervisor Certificate on premises

This penalty applies if a food business:

  • Does not keep a copy of the NSW Food Safety Supervisor Certificate on the premises
  • Does not produce it for inspection on request by an authorised officer

The issue of a penalty notice for either of the two offences can be up to:

  • $330 for a sole trader or individual
  • $660 for a registered company

In severe cases, these offences can be prosecutable. Consult the Food Act 2003 for the maximum penalties that apply.

Queensland

In Queensland, penalties apply for failing to notify the local council about a Food Safety Supervisor. In alignment with the Food Safety Act 2006:

  • 50 penalty units ($3750) for failing to notify the local government of the name and contact details of each Food Safety Supervisor for the business within 30 days of a licence being issued – section 88(1).
  • 50 penalty units ($3750) for failing to notify local government within 14 days of a person becoming a Food Safety Supervisor for the food business, of that person’s name and contact details – section 88(2).
  • 50 penalty units for failing to notify the local government within 14 days of a person ceasing to be a Food Safety Supervisor in relation to the food business

Businesses which fail to develop and implement an accredited Food Safety Program are liable to a possible maximum penalty of $75,000.

Local governments have to power to enforce the Food Safety Supervisor provisions by:

  • Providing verbal instructions requesting compliance with the Food Act 2006
  • Send a warning letter, requesting compliance with the Act and outlining possible further enforcement action
  • Issuing an improvement notice
  • Issuing a prescribed infringement notice
  • Suspending or cancelling the food business licence (on the grounds of contravening the condition of the licence that requires the licensee to comply with the Act)
  • Prosecuting the food business licensee

Victoria

In Victoria, local councils require that:

  • All food businesses hold a Statement of Attainment to certify that they have a Food Safety Supervisor with recognised qualifications on staff
  • If a Statement of Attainment cannot be produced, a staff member must complete accredited Food Safety Supervisor training for the relevant food sector.

Australian Capital Territory

In the ACT, penalties apply when:

  • A food business does not notify the ACT Health Protection Service about the appointment of a Food Safety Supervisor within seven days of business registration
  • A food business does not keep a Statement of Attainment on-site

 

For guidelines on whether your food business needs a Food Safety Supervisor, see Does My Business Require a Food Safety Supervisor?