Food Safety Legislative Requirements

All food premises in Victoria must comply with the Act and the Australia New Zealand Food Standards Code (the Code). On applying for a registration under the Act, all food premises are allocated a class.

The classification of a premises is based on the highest risk food activity occurring within the premises and the risk posed to public health, except for class 1 and class 4 food premises.

Class 1 premises are where the food being handled or served is to vulnerable people within a hospital, aged care, childcare setting, or by home delivery services that provide meals to people who are unable to prepare meals for themselves, such as Meals-on-Wheels.
Class 2 are premises that handle potentially hazardous foods.
Class 3A are premises that are home-based businesses and accommodation getaway premises that undertake specific food handling activities.
Class 3 premises are predominately those that handle low-risk foods or pre-packaged potentially hazardous foods.
Class 4 premises are predominately handling pre-packaged, low-risk foods.

Examples of food businesses and the Class they fit within are located on the department of health website.

In 2023 the Department of Health (Vic) made changes to legislation in relation to food safety programs to bring Victoria in line with other States and Territories.

The focus of food safety now focuses on the requirements of a risk-based approach for managing a food operation as well as the training and development of staff.

This means that most food businesses no longer need a Food Safety Program or Food Safety Records. However there are some food activities that do require a business to maintain a food safety program and records.

Class 1 – there have been no changes to the requirements for these operations ie they are required to independently develop and maintain a Food Safety Program that is audited by a department approved food safety auditor
Class 2 - Most business no longer are required to have a Food Safety Program and Records BUT there are some food activities that however all businesses must be able to demonstrate safe food handling skills and knowledge of processes.

So what are the changes to food safety and how do they effect your food handling activities?

The Department of Health (Vic) Food Safety Program and records have been replaced with the FoodSmart program

Some businesses conducting high-risk food handling activities are required to develop their own Food Safety Program and Records using FoodSmart.

The following information list examples of those food activities that will require you to maintain food safety program and what food safety programs are acceptable and/or whether you have to have the operations audited by an approved food safety auditor and provide copies of the third party audit certificate to Council.

Preparation of acidified/fermented foods or drinks that are ready to eat and have a high level of acidity required to keep the food safe, acid may be naturally present of added or produced by the food (due to microbial activity) eg kimchi, sauerkraut, kombucha, century eggs

can use FoodSmart if the activity is listed. If the activity is not listed then you MUST develop your own non-standard FSP that is audited by a Department-approved food safety auditor.

Preparation of ready to eat foods containing raw un-shelled eggs (unpasteurized) eg mayonnaise, aoli, tiramisu, mousse. Doesn’t include eggs that have gone through a pasteurization process. Can use FoodSmart OR develop your own non-standard FSP that is audited by a Department-approved food safety auditor.

Preparation of ready to eat raw or rare minced/finely chopped Red Meats. Minced or finely chopped raw meats that are either raw or rare and not cooked. Including steak tar tare, rare/raw hamburgers. Doesn’t include carpaccio (finely sliced meat) or steaks that have been cooked to Customer requirements. You MUST develop your own non-standard FSP that is audited by a department-approved food safety auditor.

Preparation of ready to eat raw and rare poultry and game meats. Regardless f it being a muscle or mincemeat, where it is served raw or partially cooked. Poultry meat includes chicken, duck, goose. Game meats include kangaroo, wild boar, emu, crocodile that are not raised on a farm. You MUST develop your own non-standard FPS that is audited by a department-approved food safety auditor.

Off-site catering where ready to east potentially hazardous food is prepared or partially prepared in one location, transported to another location, where the food is served at a catering event. Doesn’t include catering activities where food has been prepared and delivered to an event where food doesn’t require any further preparation such as reheating, portioning or garnishing, Can use FoodSmart OR develop your own non-standard FSP that is audited by a department-approved food safety auditors.

Any other complex food process activity such as: pasteurization/thermal processing; vacuum sealing where oxygen has been removed and/or replaced with other gases for food safety or increasing shelf life. Any food processing activity which does not involve the use of temperature control, to minimize the growth of pathogenic or toxigenic organisms. Examples of complex food processes includes dehydration where temperature control is not used to minimize the growth of pathogenic or toxigenic organisms. You MUST develop your own non-standard FSP that is audited by a department-approved food safety auditor.

Class 3 - food businesses now are not required to have a food safety program; they are only required to keep records of food suppliers if you are a warehouse or distribution centre selling to independently owned food premises, that sell direct to the public.

Now All food handlers, including volunteers, who handle high-risk foods must be able to demonstrate to Council officers they have food safety skills and knowledge in line with their food handling activities. You must keep a record of all training completed.

Food Handler Training

Food Handler Training

All food handlers must complete a food safety training course in, or be able to show they understand, safe handling of food, food contamination, cleaning and sanitising equipment, and personal hygiene. A food safety training course or business’ in-house.

training must teach the following food safety topics:

Safe food handling including temperature control measures for potentially hazardous food and the temperature danger zone.
Food contamination including ways to keep food from becoming contaminated, and food allergen management.
Cleaning and sanitising food contact surfaces and equipment including correct procedures, using food-grade chemicals, and sanitising using heat.
Personal hygiene including obligations for sick employees, handwashing, uniforms and grooming of hair, nails and skin

We recommend all food handlers complete DoFoodSafely, which is a free, online food handlers training program developed by Department of Health Victoria. To comply with this requirement, it is recommended you conduct initial training with all staff, and schedule regular food safety training refreshers for staff and update staff when processes, foods, equipment, or chemicals change. Whether you choose to deliver in-house, external or online training to your staff, you are required to keep records of training completed by staff, and when requested provide this to Council

Food Safety Supervisor

Class 1, 2 and 3A food businesses must nominate a food safety supervisor, who is suitably trained and has a Food Safety Supervisor certificate, however certificates will only be valid for 5 years from the date of issue, and will be required to be completed again every 5 years. Department of Health (Vic) have allowed a grace period of up to 5 years for your FSS to re-complete training and provide the certificate to Council if your current certificate was issued before 8 December 2023. This means you have until 8 December 2028 to meet this requirement.

Substantiation of Critical Food Safety Controls relates to Class 2 businesses that aren’t required to have a food safety program. to Council. This can be done by one of the following methods:

Demonstrating compliance with food safety standards (temp control, food processing, cleaning and sanitising etc)
Keeping written records
Keeping standard operating procedures, or
Demonstrating an understanding of critical safety controls to your EHO during inspections.

The Department of Health (Vic) has developed a guide for food businesses called A recipe for food safety: A food safety management tool for food businesses, as well as supporting animations.

For further information contact Food Safety Victoria on 1300 364 352 or Council’s Health Services Team on 1300 367 700.

Food Safety Legislative Requirements

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