The person carrying on a food business, who holds primary responsibility for meeting the Food Standards Code.
The person carrying on a food business, who holds primary responsibility for meeting the Food Standards Code. The food business proprietor is defined in the Australia New Zealand Food Standards Code as the person carrying on the food business or, if that person cannot be identified, the person in charge of it. The proprietor may be an individual, a partnership or a company, and is the party the food safety standards place most obligations on. Because the proprietor carries on the business, the Code frames many duties as duties of the proprietor: ensuring food handlers have the necessary skills and knowledge, providing adequate facilities, keeping the premises and equipment clean and in good order, and, where required, appointing a Food Safety Supervisor. The proprietor is also the person a state or territory Food Act generally holds accountable for offences such as selling unsafe or unsuitable food. In practice, the proprietor sets up the systems that keep food safe: notifying or registering the business, putting cleaning, temperature-control and supplier checks in place, training staff, and keeping any records the jurisdiction requires. Even when day-to-day tasks are delegated to managers and handlers, the legal responsibility for compliance stays with the proprietor. Demonstrating due diligence matters for proprietors, because a documented system of training, monitoring and corrective action can show that reasonable steps were taken to prevent a problem. Proprietors typically keep evidence such as FSS certificates, temperature logs, cleaning schedules and supplier records so they can show an authorised officer how the business manages food safety. The owner of a small bakery is the food business proprietor. She registers the business with the council, buys a calibrated probe thermometer, writes a simple cleaning schedule, and ensures her staff know how to handle allergens and cool baked custards safely. When a customer complains of illness, she can show the officer her temperature and cleaning records, demonstrating the controls the business had in place.
Frequently asked questions
Who is the food business proprietor?
The person carrying on the food business or, if that cannot be identified, the person in charge. It may be an individual, partnership or company.
What is the proprietor responsible for?
Meeting the food safety standards - including staff skills and knowledge, clean and adequate premises and equipment, and where required a Food Safety Supervisor - and not selling unsafe or unsuitable food.
Can the proprietor delegate food safety tasks?
Yes, day-to-day tasks can be delegated to managers and food handlers, but the legal responsibility for the business meeting the Code remains with the proprietor.
Is the proprietor the same as the Food Safety Supervisor?
Not necessarily. The proprietor may act as the FSS if suitably trained, but the FSS can also be a manager or employee. The proprietor still holds overall responsibility.
How does a proprietor show due diligence?
By keeping evidence of the controls in place, such as training records, temperature and cleaning logs, supplier checks and corrective actions, showing reasonable steps were taken to keep food safe.
