The state or territory law that adopts the Food Standards Code and gives food safety requirements legal force.
The state or territory law that adopts the Food Standards Code and gives food safety requirements legal force. A Food Act is the legislation enacted by each Australian state and territory that regulates the sale of food. Each Food Act adopts the Australia New Zealand Food Standards Code and makes its requirements enforceable within that jurisdiction. While the Food Standards Code is developed nationally by FSANZ, it is the individual Food Acts, such as the Food Act 2003 in New South Wales or the Food Act 1984 in Victoria, that create offences, set out enforcement powers and authorise officers to inspect food businesses. For a food business, the Food Act is the law that authorised officers rely on when they inspect your premises, issue improvement notices or take enforcement action. It also sets requirements such as notifying or registering your business with the local council or health authority. Because each state and territory has its own Food Act, the specific administrative arrangements, penalty amounts and notification processes vary by jurisdiction, even though the underlying food safety requirements from the Food Standards Code are consistent nationally. A Perth catering business is inspected by a Western Australian environmental health officer who acts under the powers of that state Food Act to check compliance with the Food Standards Code and, if needed, issue an improvement notice.
Frequently asked questions
Is there one national Food Act?
No. Each Australian state and territory has its own Food Act, though they all adopt the same national Food Standards Code.
What does a Food Act do?
It adopts the Food Standards Code, creates food safety offences, and gives authorised officers powers to inspect businesses and enforce compliance.
How does the Food Act relate to the Food Standards Code?
The Code sets the technical requirements, and the Food Act makes those requirements legally enforceable within a state or territory.
Does the Food Act require me to register my business?
Most Food Acts require food businesses to notify or register with their local council or health authority before trading; the process varies by jurisdiction.
Who enforces the Food Act?
State and territory health departments and local councils enforce the Food Act, typically through environmental health officers and authorised officers.
