Food Safety Legislation and School Canteens

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Food Safety Legislation and School Canteens

• Suzanne Kennewell
• Dietitian and Food Services Manager

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Food Safety and School Canteens

• Inconsistent food safety laws throughout
  Australia for many years.
• Complaints from business that this was
  anticompetitive and was not outcome based.
• Blair review conducted in the late 1990s agreed
  and recommended consistent outcome based national
  food safety laws.

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Food Safety and School Canteens

• National hygiene standards were enacted and made
  enforceable from February 2001.
• These standards apply to every business selling
  food in Australia.
• Number of agencies in NSW were then responsible
  for enforcing food regulation including NSW
  Health, SafeFood NSW and local government.

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Food Safety and School Canteens

• Kerin review in 2002 recommended a single
  through-chain agency to ensure better
  enforcement of food regulation in NSW.
• NSW Food Authority created in April 2004.
• Local councils were still able to, but were not
  required, to enforce food regulation.
• Changes to NSW Food Act in early 2008 mandates a
  role for local councils.

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Food Safety and School Canteens

• Food Authority is responsible for primary
  producers, manufacturers, wholesalers and high
  risk businesses such as hospitals, aged care and
  child care.
• Local councils are responsible for retail food
  businesses in their area.
• All food businesses must notify the Food
  Authority of their food related activities.

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Food Safety and School Canteens

• More information about partnership between Food
  Authority and local councils can be found on Food
  Authoritys website.
• Document Pathway to partnership a guide to
  food regulation in NSW explains changes.
• Businesses can also notify Food Authority of
  their activities on Food Authoritys website.

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Food Safety and School Canteens

• Councils to decide frequency of inspections based
  on relative risk of business.
• Food Authority suggest up to 2 inspections p.a.
  for higher risk businesses and 1-2 inspections
  p.a. for medium risk businesses.
• Low risk businesses can be handled on complaint
  basis only.

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Food Safety and School Canteens

• Legislation allows councils to charge fees to
  businesses to recover costs.
• Food Authority have range of suggested fees and
  charges, although councils can chose to charge
  more or less.
• Many councils are reducing or waiving fees for
  charitable or not-for-profit businesses.

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Food Safety and School Canteens

• Annual administration charge
• 250 for 5 or less FTE food handlers
• 500 for 6-50 FTE food handlers
• 2000 for gt50 FTE food handlers
• Administrative fee can only be charged if a
  business is inspected.
• If a business is not inspected by the end of the
  year the fee is charged, it should be refunded.

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Food Safety and School Canteens

• Suggest 143.08 per hour for inspections,
  excluding time for travel.
• However 35.77 for travel may be charged.
• May also charge 330 for an improvement notice
  this is NOT a fine, but to recover cost of
  preparing notice and reinspection.
• However, council may chose softer option of
  issuing warning letter.

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Food Safety and School Canteens

• FSANZ have published Safe Food Australia which
  includes the relevant food safety standards.
• Also includes useful interpretations of what
  these standards mean in every day practice.
• Can be downloaded in pdf format from Food
  Standards website.

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Food Safety and School Canteens

• 3.1.1 Interpretation Application
• 3.2.2 Food Safety Practices and General
  Requirements
• 3.2.3 Food Premises and Equipment
• 3.2.1 Food Safety Programs is a voluntary
  standard and does not apply to school
  canteens in NSW.

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Food Safety and School Canteens

• Standard 3.2.2 states that
• A food business must ensure that persons
  undertaking or supervising food handling
  operations have (a) skills in food safety and
  hygiene matters and (b) knowledge of food safety
  and hygiene matters, commensurate with their work
  activities.
• So there is an existing requirement that staff
  have relevant skills and knowledge so they can
  prepare and serve food safely.

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Food Safety and School Canteens

• Recent media release re introduction of mandatory
  food safety training by registered training
  organisation for retail businesses.
• Food Authority have not yet decided if school
  canteens will be included in this requirement.
• Food Authority are aware of implications for
  charity and not-for-profit businesses.

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Food Safety and School Canteens

• Food Authority have developed Industry Reference
  Group for those impacted by partnership
  arrangement with councils.
• Aware of some significant variations across
  various councils.
• Future inspection guidelines for retail
  businesses may be extremely useful.