Foodwise Autumn

Banner image of watermelon

Welcome to edition #63 of Foodwise 

This year is shaping up to be a big one. The process for the staged repeal of Food Regulation 2015 is starting, and in December, the new Standard 3.2.2A Food Safety Management Tools becomes enforceable. Not long after, the three-year transition period for Plain English Allergen Labelling ends and all products labelled from 25 February 2024 must follow the new system. 

This edition of Foodwise provides information about these changes, along with links to resources to help food businesses understand and implement the changes to both new requirements.  

The 2023 NSW State election is taking place on Saturday 25 March. In the lead-up to the election, the official caretaker period will commence when the Legislative Assembly expires on Friday 3 March and ends once a government is formed post-election. During the caretaker period, we will continue to provide you with information about food safety that is relevant to your operational activities and that is in the interest of public health and safety.   

As always, we welcome your comments and feedback, so please feel free to drop us a line at food.contact@dpi.nsw.gov.au or call 1300 552 406.  

We hope you find this edition of Foodwise useful and look forward to working alongside you again throughout 2023. 

Staged repeal of Food Regulation 2015 

The Food Regulation 2015 is scheduled for statutory repeal on 1 September 2023 - a formal process which occurs every five years that requires the NSW Government to determine whether the Regulation should lapse and, in doing so, allow self-regulation, or be remade as is, or be remade with amendments. 

This process was originally scheduled to take place in 2021 but was postponed twice due to COVID impacts on food businesses. 

The Food Act 2003 ensures that food for sale is safe and suitable for human consumption. It also aims to prevent misleading conduct in connection with the sale of food and for application of the Food Standards Code in NSW. The Food Regulation 2015 provides for fees and charges, requirements relating to food safety supervisors and for the display of nutritional information on fast food items, provisions relating to the Food Standards Code in NSW and general provisions relating to food safety schemes for meat, dairy, seafood, shellfish, egg, plant products and vulnerable persons industries. 

We will provide updates on this process, including advising you once the proposed Food Regulation 2023 and the Regulatory Impact Statement (RIS) are published on the Government Gazette and open for public consultation. This is expected to take place in May-June. 

Reminder: Plain English Allergen Labelling requirements  

New requirements for labelling the most common allergens in food commenced on 25 February 2021.  

Food businesses were given 3 years to transition to the new requirements, plus an additional 2 years for food that has been correctly labelled before 25 February 2024

This means that food businesses have less than 12 months to ensure all relevant food products are correctly labelled from 25 February 2024 so that they meet this requirement.

From 25 February 2024, allergen declarations must follow the new system. 

The changes include:  

  • using consistent names that are simple, plain English and in bold font  
  • displaying declarations in a specific format and location on food labels 

The Plain English Allergen Labelling (PEAL) changes to the Food Standards Code will help people find allergen information on food labels more quickly and easily, so they can make informed and safe food choices. 

More information is on the NSW Food Authority website, including an interactive tool Generate an allergen declaration, which businesses can use as a guide to see an example of how an allergen must be displayed. 

Generate an allergen declaration tool is available on the NSW Food Authority website.

Generate an allergen declaration tool is available on the NSW Food Authority website.

Standard 3.2.2A Food Safety Management Tools

From 8 December 2023, food service, caterer and related retail businesses in Australia need to meet new food safety requirements in the Australia New Zealand Food Standards Code (the Code). The new standard aims to improve food safety and support consumer confidence. 

There are three food safety management tools in the new standard: 

  1. food safety supervisor (FSS) 
  2. food handler training 
  3. substantiation of critical food safety controls (evidence tool)  

Category 1 businesses will need to implement 1., 2. and 3. 

Category 2 businesses will need to implement 1. and 2. 

Category one businesses

A caterer or food service business that processes unpackaged potentially hazardous food into food that is both ready-to-eat and potentially hazardous food.  

The food is then served to a consumer to eat without any further processing. 
Category two businesses

A retailer of potentially hazardous, ready-to-eat food, where the food was handled unpackaged, but not made or processed onsite (other than slicing, weighing, repacking, reheating or hot-holding). 

Requirement: Food Safety Supervisor (FSS) 

In NSW, some businesses already require an FSS. The change means that these businesses will also require food handler training and if they conduct higher risk activities, the evidence tool as well. 

For other businesses the FSS requirement will be new. The new standard extends the FSS requirement to most food service, caterer and related retail businesses. They will also require food handler training, and if they conduct higher risk activities, the evidence tool as well. 

More information in the Food safety supervisor InfoBite (FSANZ) 

Requirement: food handler training 

All food handlers who handle unpackaged, potentially hazardous food that is ready to eat must complete food handling training before engaging in that activity.  

Under Standard 3.2.2A, all food handlers in both category one and category two businesses must meet this requirement, which includes training on: 

  • safe handling of food  
  • food contamination  
  • cleaning and sanitising of food premises and equipment  
  • personal hygiene.  

Food businesses must ensure all food handlers have completed a food safety training course, or have appropriate skills and knowledge, before they start handling high-risk foods.  

The business must also have a certified FSS to supervise these food handlers. 

More information in the Food handler training InfoBite (FSANZ) 

The NSW Food Authority is developing free, online Food Handler Basics training to help NSW businesses meet this requirement. The new training is planned to be available at the end of March. 

Requirement: substantiation of critical food safety controls (evidence tool) 

Standard 3.2.2A requires all category one businesses, when doing a specific (‘prescribed’) activity, to make a record that proves they have property managed food safety risks. 

  • Businesses must keep records or demonstrate that requirements for safely receiving, storing, processing, displaying and transporting potentially hazardous food, and for cleaning and sanitising are being met. These are called ‘prescribed provisions’. The business must show how these have been achieved or verified.  
  • Records must be kept for at least 3 months. 
  • A record may not be needed if the business can show an authorised officer (food regulator) in some other way they have adequately managed the food safety risks. 

More information is in the Evidence tool InfoBite (FSANZ) 

The NSW Food Authority will continue to provide updates, resources and tools to help you be ready when Standard 3.2.2A becomes enforceable on 8 December this year. 

If you have any questions, please contact us at food.contact@dpi.nsw.gov.au or on 1300 552 406 (8:30am to 5:30pm AEST on all NSW business days) 

More information: 

Introduction to Standard 3.2.2A for food service businesses (source: FSANZ)

Join us at the Easter Show and show us your hands!

The Sydney Royal Easter Show is just around the corner, and the NSW Food Authority can’t wait to be a part of it once again. 

Opening its doors on Thursday 6 April, and closing on Monday 17 April, this year's Show promises to be bigger than ever. 

Some may remember the hugely successful NSW Food Authority hand washing stand in 2014 and 2015 – well, we thought it was a great time to revisit it. 

Over the last few years of living with COVID, we figured most people would feel quietly confident about their hand hygiene habits. So, we thought we’d put it to the test by asking “So, how well do you really wash your hands?” 

The interactive and educational activity is designed to teach kids (and adults) about proper hand washing technique in a fun and engaging way. 

Using Glitterbug potion and UV lights, we’ll be taking visitors through five steps and asking them to use their detective skills to uncover how well they wash their hands before handling food – do they have it covered? 

Washing hands well and food safety go hand in hand? In fact, knowing how to wash your hands correctly is the simplest and yet the most effective means of reducing your risk of food poisoning. 

Expert Food Authority staff will be on hand throughout the show, providing food safety advice and answering further questions from budding hand hygiene heroes. 

This year, the Food Authority hand washing stand is in a different location. You’ll still need to follow the Animal Walk footprints but you’ll now find us in the Woolworths Ag Discovery pavilion (which previously housed the Farmyard Nursery). 

We can’t wait to see you there. 

Online training for authorised officers

The NSW Food Authority has commenced the roll out of its online training program for authorised officers under the Food Act 2003 (NSW).  

Before appointing an authorised officer to conduct food surveillance activities such as food safety inspections, the NSW Food Authority and local councils must be satisfied that the person has appropriate qualifications or experience to exercise their functions. 

The new online course is a collaboration of work between the NSW Food Authority's Local Government Unit, Biosecurity & Food Safety's (BFS) Compliance & Integrity Systems and Tocal College. 

The Authorised Officer (Food Surveillance) Training Course targets all officers responsible for food safety activities under the Food Act, which includes local government officers, BFS officers and Third-Party Auditors (TPAs). Topics such as Inspections and Audits, Investigations and Food Labelling are explored in detail. 

The course aims to:  

  • educate and train authorised officers responsible for carrying out food inspection duties (under the Food Act 2003 NSW) in accordance with the appropriate policies and procedures  
  • promote consistency between enforcement agencies and  
  • provide a workforce continuity strategy in the face of increasing skills shortages in the environmental health and food safety area. 

In phase one of the roll out, 34 local government officers have been enrolled into the course where they will complete 12 online training modules (consisting of 22 topics), an assessment portfolio and attend a one-day workshop. 

BFS officers and TPAs will be required to complete some additional training modules which will be rolled out in phase two of the program later this year 

The full program will be officially launched mid 2023. 

Audit officer with thought bubble thinking "Evidence of a breach?"
Audit officer presenting inspection ID card to business owner prior to a food safety inspection.

RETAIL

FRP Workshop 2023 – Building resilience and working together

The Food Regulation Partnership (FRP) is recognised as a successful cooperative framework between State and Local Government in NSW. As part of this partnership, the NSW Food Authority provides training and networking opportunities for councils’ officers authorised under the Food Act 2003 (NSW). 

The Food Authority is hosting a biennial FRP Workshop, to be held on Thursday 27 and Friday 28 April at the Rydges World Square, Pitt Street, Sydney.  

The FRP Workshop provides council officers with up-to-date information on food safety as well as opportunities to discuss the latest issues and learn best practice. It includes many well-respected specialists and a range of topics. The 2023 theme of ‘Building resilience and working together’ reflects the challenges faced, and celebrates the successes delivered by local councils as they navigated the recent events. 

The biennial FRP Champion Awards will also be presented at the workshop and will highlight work undertaken by councils’ individuals and groups, both in the metropolitan and country regions.  

The FRP Workshop provides local councils with the ability to meet the conditions of an appointed enforcement agency under the Food Act 2003 (NSW), by encouraging council officers to maintain their knowledge and participate in networking meetings and professional development.  

This is a low-cost, high-value training and professional development opportunity for councils’ authorised officers. There are a range of registration options including technical tours. The Food Authority look forward to welcoming our local council partners and making this a great event for all.  

For any enquiries, please email food.contact@dpi.nsw.gov.au 

MEAT

Inspections and audits

From October 2022 to December 2022, the Food Authority conducted 79 inspections and 210 audits of licensed meat businesses. Compliance across the meat industry remains high, improving by 1% to 95% overall, compared with the same period in 2021. The Varroa mite emergency response impacted business as usual activities, and this resulted in lower audit and inspection numbers. Compliance activities in the meat industry will continue as these activities form a critical part of risk mitigation measures.

The main Corrective Action Requests (CAR’s) issued were for process control (failure to complete monitoring records or to identify cross contamination risks), food safety program issues, and analytical testing (high level of preservative use in processed meats).

The table below shows comparable data for compliance and audit activity in the meat sector between the same reporting periods in 2021 and 2022.

Reporting period Oct – Dec 2021 Oct – Dec 2022
Total audits 337 210
Total inspections 98 79
Compliance rate 94% 95%

SEAFOOD

Inspections and audits

From October 2022 to December 2022, the Food Authority conducted 37 inspections and 38 audits of licensed seafood businesses. This sector has seen a 2% drop in compliance, now at 95% compared to the same period in 2021.

The main areas where critical defects have been raised at audit continue to be with process control, hygiene & sanitation, and construction & maintenance issues.

The Food Authority moved to a risk based, outcome focused operational model, and consistent with the priority classification scheme for a seafood business (currently P2), audit frequency will remain at a 2-year cycle. Complaints, inspections, and investigations relating to seafood businesses will continue to be managed on an as needs basis.

The table below shows yearly comparable data for compliance and audit activity in the seafood sector between the same reporting periods in 2021 and 2022.

Reporting period Oct – Dec 2021 Oct – Dec 2022
Total audits 45 38
Total inspections 29 37
Compliance rate 97% 95%

Wet storage of shellfish at wholesale

Wet storage refers to the re-immersion of shellfish to store, remove sand or improve condition. The wet storage of shellfish poses unique and significant food safety risks due to their mode of feeding by indiscriminate filtration, which must be considered when installing and implementing wet storage processes. 

NSW has experienced challenging climatic conditions in the last few years, which has been a driver for increased interest and approvals of wet storage systems. 

To help licensed businesses understand the requirements for wet storage systems, a guide has been developed which details what steps businesses need to take to ensure compliance. This will avoid unnecessary costs to modify systems in the future. 

You can read the guideline on our website here -  Food safety and biosecurity guidelines for wet storage of shellfish at wholesale 

DAIRY

Inspections and audits

From October 2022 to December 2022, the Food Authority conducted 13 inspections and 52 audits of licensed dairy businesses. Compliance across the dairy industry remains high at 95%. The Varroa mite emergency response impacted business as usual activities, and this resulted in lower audit and inspection numbers.

The main Corrective Action Requests (CAR’s) issued during the period were for hygiene & sanitation, food safety program, and product labelling.

The table below shows yearly comparable data for compliance and audit activity in the dairy sector between the same reporting periods in 2021 and 2022.

Reporting period Oct – Dec 2021 Oct – Dec 2022
Total audits 68 52
Total inspections 9 13
Compliance rate 95% 95%

EGGS

Inspections and audits

From October 2022 to December 2022, the Food Authority conducted 47 inspections and 17 audits of licensed egg businesses. Compliance across the egg industry remains high, improving by 1% to 96% overall, compared with the same period in 2021. Compliance across the egg industry has significantly improved since FY 2018/19. Efforts to work with industry during the Salmonella enteritis (SE) control order and subsequent operational responses have contributed to the increase in industry compliance.

The main areas where critical defects have been raised at audit were for process control, analytical testing, and food safety program monitoring.

The table below shows yearly comparable data for compliance and audit activity in the egg sector between the same reporting periods in 2021 and 2022.

Reporting period Oct – Dec 2021 Oct – Dec 2022
Total audits 13 17
Total inspections 39 47
Compliance rate 95% 96%

Managing ongoing biosecurity risk of Salmonella Enteritidis

The NSW poultry and egg industries are reminded that the risk of human illness caused by Salmonella Enteritidis still remains, with the most recent locally acquired cases reported in Queensland.  

It’s important for these industries to manage this biosecurity risk and ensure they continue to meet the requirements outlined in the NSW Biosecurity (Salmonella Enteritidis) Control Order 2020, which remains current and in effect until 30 June 2024. 

This Control Order establishes legally enforceable minimum biosecurity standards and mandatory testing requirements for the NSW poultry and egg industry. 

These standards and requirements apply to egg and poultry producers, to people entering production facilities and to poultry suppliers, receivers and pullet rearing facilities. 

NSW businesses are urged to take the time to review their compliance with the requirements and can find further detail in the Salmonella Control Order Guide

More information on Salmonella Enteritidis can be found on the DPI website. 

PLANTS

Inspections and audits

From October 2022 to December 2022, the Food Authority conducted 10 inspections and 8 audits of licensed plant product businesses, resulting in a significant drop in compliance, down 9% when compared with the same period in 2021.

The main Corrective Action Requests (CAR’s) issued were for failing to comply with construction, hygiene & sanitation, analytical testing issues. The Food Authority will be targeting future compliance activities to address these critical risk issues and poor performances.

The table below shows yearly comparable data for compliance and audit activity in the plant sector between the same reporting periods in 2021 and 2022.

Reporting period Oct – Dec 2021 Oct – Dec 2022
Total audits 12 8
Total inspections 3 10
Compliance rate 99% 90%

VULNERABLE PERSONS

Inspections and audits

From October 2022 to December 2022, the Food Authority conducted 18 inspections and 321 audits of licensed hospitals and aged care businesses. Compliance across the vulnerable persons industry remains high, improving by 1% to 98% overall, compared with the same period in 2021.

The main Corrective Action Requests (CAR’s) issued during the period were for pre-requisite programs (failing to correctly implement calibration program) and process control (failure to complete monitoring records at the frequency required in the food safety program).

The table below shows yearly comparable data for compliance and audit activity in the vulnerable persons sector between the same reporting periods in 2021 and 2022.

Reporting period Oct – Dec 2021 Oct – Dec 2022
Total audits 258 321
Total inspections 11 18
Compliance rate 97% 98%

PROSECUTIONS

Prosecution – Jasmin 1 Lebanese Restaurant

A Lebanese restaurant based in Western Sydney was recently fined a total of $5,100 after being convicted of nine offences under the NSW Food Act 2003.

The breaches included failures in hygiene, storage, inadequate supply of water, construction and maintenance failures, and harbouring pests on food premises.

Further information about this prosecution and other current food safety breaches in NSW can be found on the NSW Food Authority’s Name and Shame register

PROCESSES

FSANZ call for submissions  

  1. Proposal P1010 – Review of Formulated Supplementary Sports Foods: To read the consultation paper click here. Comments on this Proposal are due by 6pm (Canberra time) Thursday 9 March 2023 
  2. FSANZ has extended the timeframe for submissions on Proposal P1059 - Energy labelling on alcoholic beverages by 3 weeks and invites written submissions to the following call for submission paper by 6pm (Canberra time) Monday 20 March 2023. To read the Call for Submissions Report click here 
  3. Application A1227–   Alpha-arabinofuranosidase from GM Trichoderma reesei as a processing aid: To read the Call for Submissions Report click here. Submissions on this proposal are due by 6pm (Canberra time) 23 March 2023 
  4. Application A1228 – Endo-1,4-beta-xylanase from GM Trichoderma reesei (gene donor: Talaromyces leycettanus) as a processing aid: To read the Call for Submissions Report click here. Submissions on this proposal are due by 6pm (Canberra time) 23 March 2023.  
  5. Application A1229 – Carboxypeptidase from GM Aspergillus oryzae as a processing aid: To read the Call for Submissions Report click here . Submissions on this proposal are due by 6pm (Canberra time) 23 March 2023. 

Reproduced from FSANZ website  

CALENDAR ITEMS 

  • AIFST - 2023 Food Microbiology Conference30 March 2023 
  • Sydney Royal Easter Show6-17 April 2023 
  • FRP Workshop – Building resilience and working together – 27-28 April 2023 
  • NEW & UPDATED RESOURCES