Food safety law amendments 2009

Page contents: Overview | The Food Act | More about the current Act

Overview

The amendments to the Food Act 1984 will give Victoria a better system for regulating the safety of food sold for human consumption. A range of other related reforms are also in the pipeline and will be implemented progressively over the next two years.

For most food businesses and community groups the changes will mean less red tape and fewer compliance costs. At the same time, Victorians may rest assured that the food safety system’s priority remains squarely on protecting public health.

Our food safety laws directly affect every Victorian’s health and safety. Food borne illness can cause severe illness and, in susceptible people, even death.

Business reputations and livelihoods depend on food safety. A single case of food borne illness can threaten the viability of a business. And as major employers and exporters, Victoria’s 45,000 food businesses are an important part of the economy.

The best food safety system can’t guarantee there will never be another food scare. However, the new law strikes a balance between reducing food safety risks and containing costs to business to achieve this.

The Food Act

The production, processing, distribution, retail, packaging and labelling of food stuffs are governed by laws designed to protect public health.

Under the Food Act 1984, food business owners are legally responsible to ensure that food sold to customers is safe to eat. Staff who prepare food are legally responsible to ensure that the food they handle is safe.

The Act covers food provided as part of a package of services to people in aged care facilities, child care centres and hospitals. It also applies to fund raising activities, but only where food is sold.

The Act requires businesses to comply with the Australia and New Zealand Food Standards Code. This comprehensive code lists all requirements for foods, such as how food is to be cooked, temperature control, and structural requirements for food premises.

Local government and the Department of Health administer the Food Act.

More about the current Act

The principal state Act that controls the sale of food in Victoria, the Food Act 1984 is available on the Victorian Legislation and Parliamentary Documents website.

The Food Act is the applicable legislation for ensuring the safety and suitability of food sold in Victoria. The Food Act:

• sets out offences for breaches of the food law and the applicable maximum penalties
• is the means through which the Australia New Zealand Food Standards Code is applied as the law in Victoria (The Food Standards Code is developed by Food Standards Australia New Zealand)
• provides emergency powers to protect public health including powers to recall food
• is the means through which municipal councils register food businesses
• is the means through which food safety programs are currently required of most food premises registered under the Act.