Queensland Food Act 2006 Overview

The Queensland Food Act 2006 in Brief The Food Act 2006 is Queensland's main food safety law. It adopts the national Food Standards Code, requires many food businesses to hold a licence, and is enforced by local councils, with Queensland Health setting state policy. Primary production sits under a separate law, the Food Production (Safety) Act 2000. For a cafe, restaurant or caterer, the practical takeaway is this: you almost certainly need a food business licence, and you must keep records that prove safe food handling. This overview walks through who needs a licence, when a formal food safety program is required, the Food Safety Supervisor rules, and what happens at a council inspection. How Is Food Safety Regulated in Queensland? Three instruments work together. The Food Standards Code sets national handling rules, including Standard 3.2.2 and Standard 3.2.2A (food safety management tools, in force from 8 December 2023 for certain unpackaged potentially hazardous food handlers). The Food Act 2006 adopts the Code into Queensland law and creates the licensing system. Queensland Health sets policy, while your local council licenses and inspects your business day to day. Which Businesses Need a Food Licence? Most hospitality businesses in Queensland require a food business licence. That includes restaurants, cafes, takeaways, caterers, food trucks and most retailers handling unpackaged potentially hazardous food. Some low-risk operations — such as retailers selling only pre-packaged shelf-stable goods — are exempt, but they must still comply with the Standard 3.2.2 hygiene and handling rules. For a detailed breakdown of what is and isn't licensable, and the common exemptions, read our licensable food business guide . When Is a Food Safety Program Required? Higher-risk businesses must operate an accredited food safety program based on HACCP; most cafes and restaurants do not. A formal program is generally required for: Businesses serving potentially hazardous food to vulnerable people Off-site catering operations Certain food manufacturing activities For a standard cafe or restaurant, full HACCP accreditation is not required, but you must still demonstrate effective food safety practices and keep records — temperature logs, cleaning schedules, allergen controls and corrective actions. FoodSafety HQ covers all of these through temperature monitoring and corrective actions . Food Safety Supervisor and Skills Requirements Licensable food businesses in Queensland must have at least one Food Safety Supervisor (FSS) whose qualification is recognised by Queensland Health. The FSS oversees daily food safety practice and helps ensure other handlers have the skills and knowledge required under the Code. Accepted qualifications typically include nationally recognised units such as SITXFSA005 and SITXFSA006 from a Registered Training Organisation. Read the detail in our Queensland FSS rules guide, and keep certificates current with certification tracking . What Happens at a Council Inspection? Council Environmental Health Officers inspect at a frequency reflecting your risk, and can act quickly on serious breaches. They assess against Standard 3.2.2, checking temperature control, cross-contamination, cleaning, pests and records. Critical breaches — such as temperature abuse, vermin, or unsafe preparation — can lead to: Improvement notices requiring you to fix the problem by a deadline On-the-spot fines (penalty infringement notices) Prohibition orders stopping the business from operating Prosecution for serious or repeated offences To prepare, use our health inspection checklist . For council-level context, see our Queensland guidelines and council directory . How Does Standard 3.2.2A Apply in Queensland? Standard 3.2.2A, in force since 8 December 2023, adds food safety management tool requirements for certain businesses handling unpackaged potentially hazardous food, and it applies in Queensland as part of the national Code. The standard centres on three tools: A trained Food Safety Supervisor recognised by Queensland Health. Food handler training so staff have the right skills and knowledge. Evidence of key controls , such as demonstrating temperature management. For a typical cafe or restaurant, this means keeping training records and control evidence current, not just doing the right thing in the moment. FoodSafety HQ captures both through staff training records and timestamped temperature logs . Records to Keep for Your Queensland Business Whether or not you need a full food safety program, Queensland councils expect you to prove safe handling with records. A practical minimum for a licensed hospitality venue includes: Fridge, freezer, cold-holding and hot-holding temperature logs Cooking, cooling and reheating records for potentially hazardous food Cleaning and sanitising schedules with sign-off, via cleaning schedules An allergen matrix aligned to PEAL under Standard 1.2.3 Date marking under Standard 1.2.5 and stock rotation FSS and food-handler training evidence Corrective actions showing how issues were resolved Keeping these in one place turns an inspection from a scramble into a simple hand-over of a complete report. Frequently Asked Questions Does my Queensland cafe need a food licence? Almost certainly yes. Cafes, restaurants, takeaways and caterers handling unpackaged potentially hazardous food are licensable under the Food Act 2006. Only low-risk pre-packaged retailers are typically exempt, and they must still follow the Code. Do I need a full HACCP food safety program? Only higher-risk businesses — such as those serving vulnerable people, off-site caterers and certain manufacturers — need an accredited HACCP-based program. Standard cafes and restaurants must keep effective records but not a full accredited program. How often are Queensland food businesses inspected? Inspection frequency reflects risk and past compliance. Higher-risk or previously non-compliant venues are inspected more