Food Standards Code 3.2.2A

This new Code applies to all retail food businesses that sell ready-to-eat, potentially hazardous food (PHF), unpackaged foods or determined to be engaging in prescribed activities (handling of any unpackaged PHF that is use for the preparation of ready-to-eat food or is ready to eat). Examples include:

• Restaurants, cafes, pubs, hotels with table service, takeaway and smorgasbords
• Supermarkets and delis
• Takeaway shops, mobile food vendors and juice bars
• Hospitals, aged care facilities and childcare centres 

Businesses that do the following activities are exempt:

• Handling food for a fundraising/charity event;
• Handling and selling food that is not served to a final customer; or
• Processing and selling food that is packaged. 

No, the new Standard 3.2.2A Food Safety Management Tools does not apply to businesses that have a NSW Food Authority license. This is because licensed businesses must meet the requirements of Standard 3.2.1 Food Safety Programs, which match or exceed those in Standard 3.2.2A. The existing food safety management program, which is a requirement of the license, should outline controls that effectively control food safety hazards for the business. 

The new standard will affect businesses differently depending on their food business category. So you need to first understand which category your food business is to determine what new management tools you need to implement.

Category 1 business: Caterer, processes unpackaged foods into food that is potentially hazardous and ready to eat (e.g., cafes, restaurants, takeaways, pubs and childcares). In essence, businesses in this category handle food directly, so it may be exposed to contamination before it is served.

*Businesses in Category 1 must implement all three management tools.

Category 2 business: A business that sells potentially hazardous food, ready-to-eat food and food that is received unpackaged or is unpacked by the food business and is not made or processed onsite other than slicing, weighing, repacking, reheating or hot-holding.

*Businesses in Category 2 must only implement the first two management tools. 

Still unsure? Take this short quiz to find out which Food Safety Management tools apply to your business.

Under Standard 3.2.2A – Food Safety Management Tools, businesses will need to implement two or three food management tools, depending on their activities:

1. Food Safety Supervisor (FSS) – applicable to Category 1 & 2 businesses

   A qualified Food Safety Supervisor must be reasonably available* to advise and supervise each food handler carrying out a prescribed activity.

   *Reasonably available meaning is contactable or works on-site and therefore able to oversee the handling of high-risk unpackaged food. 

   What is a Food Safety Supervisor and How do I become one?

2. Food handler training – applicable to Category 1 & 2 businesses

   Businesses must ensure food handlers have completed a food safety training course or hold the appropriate skills and knowledge to handle food safely. Prior to commencing food handling, all staff will be required to undertake either

   • external
   • internal
   • online food handler training (Council provides free online food handler training), or existing industry experience.
3. Evidence to substitute food safety management of high-risk processes – applicable to Category 1 businesses only

Category 1 food businesses must maintain records for 3 months demonstrating their food safety management processes. Processes include temperature control, for: food storage, food receival, food display, transportation of potentially hazardous foods, processing kill steps (e.g., raw eggs, sous vide, chicken temperatures), cooling or reheating of food and, cleaning and sanitising procedures.  

Records include:

• Entries on paper or electronic templates – download a free template here
• Standard operating procedures verified to achieve food safety outcomes
• Invoices (e.g., receipt temperature)
• Data logger information in a graph
• Photos or video footage
• Information recorded in any other way that allows for the required information to be captured and kept for the required amount of time. 

Food businesses must implement the new requirements by 8 December 2023. 

Yes, the new standard extends the Food Safety Supervisor (FSS) requirement to a range of outlets that are currently exempted, including:

• charities and not-for-profit organisations
• school canteens
• childcare services, including out of school hours care
• correctional centres
• delicatessens
• supermarkets.

These businesses will now require FSS and food handler training, and if they conduct higher-risk activities, the evidence tool also.

To be certified as a FSS for a food premises in NSW and issued a valid certificate (requires renewal every 5 years), you must achieve the required units of competency from an approved Recognised Training Organisation (RTO) under the FSS program. Further information including a list of approved RTOs where you can get training from is available on the NSW Food Authority website. 

Food businesses must ensure food handlers have completed a food safety training course or hold the appropriate skills and knowledge to handle food safely. Prior to commencing food handling, all staff will be required to undertake either

• external,
• internal, or
• online food handler training

Unless they can demonstrate they possess these skills already e.g., industry experience.

The food safety training course should cover the following topics, at a minimum:

• safe handling of food – including temperature control measures for potentially hazardous food and understanding of the temperature danger zone
• food contamination – including strategies to keep raw and cooked food separate, allergen management, food storage and use of separate utensils and chopping boards
• cleaning and sanitising of food premises and equipment – including correct procedures for cleaning then sanitising, using food-safe chemicals, and/or using heat as a sanitiser
• personal hygiene – including obligations for sick employees, handwashing, uniforms and grooming of hair, nails, skin, etc.

Free online food handler training is available through the Council’s website on the Food Safety E-Learning and Training page.

Free templates are available for download here to assist your business in keeping records for 3 months temperature control for: food storage, food receival, food display, transportation of potentially hazardous foods, processing kill steps (e.g., raw eggs, sous vide, chicken temperatures), cooling or reheating of food, cleaning and sanitising procedure.  

Potentially hazardous foods need special handling to keep them safe and specific food standards apply. This is because, if not kept cold, bacteria that produce toxins or cause illness can grow. The simplest and most effective way of controlling the growth of bacteria is proper temperature control. Potentially hazardous foods include:

• raw or cooked meat
• small goods
• dairy products
• seafood (excluding live seafood)
• processed fruit and vegetables
• cooked pasta and rice
• foods containing eggs, beans, nuts or other protein-rich foods.  

Still unsure how your business will be affected? Take this short quiz to find out how the new standard applies.

If you would like further assistance to understand how your food business will be affected by the new standard, you can contact our Customer Service Centre on 9952 8222 during normal business hours.

Alternatively, you can also write to us at council@ryde.nsw.gov.au.