NSW Food Safety Regulations Guide

NSW Food Safety Regulations at a Glance Food safety in New South Wales is regulated on three levels: the national Food Standards Code, the state Food Act 2003 (NSW) and Food Regulation 2015, and enforcement by your local council. The NSW Food Authority sets state policy and licenses higher-risk industries, while council Environmental Health Officers (EHOs) inspect the cafes, restaurants, takeaways and caterers that make up most of the hospitality sector. If you run a food business in NSW, every obligation you have maps to one of those three layers. Knowing which layer a rule comes from — a national standard, a state regulation, or a council policy — makes it far easier to stay compliant and to answer an inspector confidently. This guide breaks down each layer, the Food Safety Supervisor rules, the Scores on Doors program, and the records you must keep. Which Laws Govern Food Safety in NSW? Three instruments work together in New South Wales: The Food Standards Code (FSANZ) — the national rulebook. Chapter 3 sets the food safety standards that apply in every state, including Standard 3.2.2 (Food Safety Practices and General Requirements) and Standard 3.2.2A (Food Safety Management Tools), which came into force on 8 December 2023 for certain businesses handling unpackaged potentially hazardous food. The Food Act 2003 (NSW) — the state law that adopts the Code, creates offences, and gives councils and the Food Authority their enforcement powers. The Food Regulation 2015 (NSW) — the detailed rules underneath the Act, including the state's Food Safety Supervisor scheme and notification requirements. Because the Code is national, the core food-handling rules are the same in NSW as in Victoria or Queensland. The differences are in the state layer — most notably the FSS mandate and Scores on Doors. The NSW Food Authority vs Your Local Council The NSW Food Authority regulates high-risk industries directly; your local council regulates most hospitality venues. The Authority licenses and audits meat, seafood, dairy, egg, plant-product and vulnerable-persons (hospital and aged-care) businesses. For a standard restaurant or cafe, however, your day-to-day regulator is the council. Council EHOs carry out unannounced inspections, typically once a year for a moderate-risk venue and more often if past inspections found problems. They assess your premises against Standard 3.2.2 and NSW-specific requirements, focusing on: Temperature control — cold food at or below 5°C, hot food at or above 60°C, and safe cooking, cooling and reheating. Cleaning and sanitising — food-contact surfaces, equipment and general premises hygiene. Cross-contamination controls — separation of raw and ready-to-eat foods. Pest management — no evidence of vermin or insects. Skills and knowledge — food handlers competent for their role and a current FSS in place. Record-keeping — temperature logs, cleaning records and corrective actions available on request. A digital record system means an EHO sees complete, timestamped logs immediately. FoodSafety HQ centralises exactly these records through temperature monitoring , cleaning schedules and corrective actions . Food Safety Supervisor Requirements in NSW NSW was the first Australian state to mandate Food Safety Supervisors, and the requirement still applies today. Under the Food Regulation 2015, retail and food-service businesses that handle unpackaged, ready-to-eat, potentially hazardous food must appoint at least one certified Food Safety Supervisor (FSS). Key points operators need to know: The FSS certificate must be issued by a Registered Training Organisation approved by the NSW Food Authority. The certificate is valid for five years, after which refresher training is required to keep the role. The FSS must be reasonably available to supervise and advise food handlers. You must keep the certificate on file and be able to produce it during an inspection. Missing or expired FSS certification is one of the most common breaches councils record. For deeper detail, read our NSW Food Safety Supervisor requirements guide, and see how team certification tracking prevents certificates lapsing. What Is the Scores on Doors Program? Scores on Doors is a voluntary food-hygiene star rating displayed at the front of participating NSW venues, based on the result of a routine council inspection. Eligible businesses receive a rating of 3, 4 or 5 stars reflecting how well they meet the Food Act 2003 and the Food Standards Code. A five-star certificate is a genuine marketing asset — customers read it as a signal of a clean, well-run kitchen. A low rating, or a refusal to display, can quietly cost trade. Because the rating is driven by inspection outcomes, the most reliable way to protect it is a consistent daily food-safety routine rather than a scramble before the EHO arrives. Learn more in our dedicated Scores on Doors explainer. Which Records Do NSW Councils Expect? While the Code does not prescribe a single record format for most hospitality venues, EHOs expect you to demonstrate control. In practice that means keeping: Fridge, freezer, cold-holding and hot-holding temperature logs. Cooking, cooling and reheating records for potentially hazardous foods. Cleaning and sanitising schedules with sign-off. An allergen matrix aligned to the Plain English Allergen Labelling ( PEAL ) requirements under Standard 1.2.3. Corrective actions showing what you did when something went wrong. FSS and food-handler training records. For a broader picture of NSW obligations by council area, see our NSW food safety guidelines and the council directory . Frequently Asked Questions Do all NSW food businesses need a Food Safety Supervisor? No. Only businesses that handle unpackaged, ready-to-eat, potentially hazardous food must appoint a certified FSS. Retailers selling only pre-packaged, shelf-stable goods generally do not, though they must still follow general handling and storage rules under the Food Standards C