Class 2 - such as restaurants, cafes & many manufacturers

Page contents: Proposed Class 2 premises | Current Class 2 requirements | Non-standard Food Safety Programs | Standard Food Safety Program | What will change

Proposed Class 2 premises

This proposed new Class will include manufacturers, restaurants and cafes handling unpackaged, potentially hazardous foods which need temperature control. These premises will also have increased choice of food safety programs.

Current Class 2 requirements

As there are currently only two business classes, existing Class 2 covers all but high risk businesses. This includes a very wide range of businesses, including many manufacturers, retailers, wholesalers, caterers, restaurants and cafes, delis, bakeries and convenience stores.

Under the current Food Act 1984, all Class 2 businesses have the choice of their own independent (non-standard) Food Safety Program or a standard Food Safety Program template that has been registered with the Department of Health.

Non-standard Food Safety Programs

Like Class 1 businesses, Class 2 businesses opting for a non-standard Food Safety Program (FSP) must submit and comply with an FSP tailored to their specific premises. This takes place when first registering the premises, and on each annual registration date.

A Food Safety Program is simply a written plan that shows how the business will ensure that the food sold is safe. For more information read So, you want to run a food business?

Businesses currently opting for a tailored Food Safety Program must be audited by a DH approved third party Food Safety Auditor at least once a year. The independent Auditor checks both whether the FSP is adequate and the business is complying with it.

All current Class 2 premises must also have an annual inspection by the council prior to registration, renewal or transfer of the registration to another proprietor.

Standard Food Safety Program

Alternatively, Class 2 businesses can currently opt for a standard FSP which they prepare using a simple template (or guide) approved by the Department of Health.

The template forms describe a standard approach and the steps required to ensure that food sold is safe to eat. This approach is cheaper, quicker and simpler for business compared with employing someone to write an independent Food Safety Program tailored specifically for the business.

Currently, Class 2 businesses with a standard FSP must have a minimum of one council inspection a year prior to registration, renewal, or transfer of the registration to another proprietor.

Class 2 premises must also nominate a Food Safety Supervisor (FSS) unless the premises are raising funds for community or charitable causes. This must be someone with the skills and authority to see that all staff understand how to handle food safely and are following the Food Safety Program. For more information read 'So, you want to run a food business?'

What will change

Class 2 businesses will:

• continue to be required to be registered with the council
• have a Food Safety Program (FSP)
• generally be required to have a Food Safety Supervisor (FSS) (which will include the accredited training completed by many chefs). Alternatively, competency based or accredited staff training for staff generally, where this forms part of a new QA food safety program prepared under a recognised quality assurance code; and
• be inspected by the council prior to initial registration and transfer of registration to a new owner.

Class 2 businesses will be able to choose to have either a standard Food Safety Program, or non-standard Food Safety Program for their food premises:

• for businesses choosing a non-standard Food Safety Program (which could be a new QA food safety program), the following would apply:
• the food premises will be audited at least annually by a DH approved Food Safety Auditor. The auditor will be required to provide the council with their audit certificate. Given that compliance with the food safety program and food safety standards will be checked in this process, annual inspection by the council will no longer be mandatory. However, the council will continue to have a discretion as to whether to inspect in a particular case if it has any concerns or wishes to conduct a random spot check;
• those using a standard Food Safety Program template will continue to have at least one annual council assessment. Audits will not be required.

Class 2 businesses will have access to voluntary staff training available at no cost on the Internet.

The new types of food safety programs will not compromise safety but should make compliance more straightforward for these businesses. The amendments will enable the Secretary to the Department of Health to declare that a quality assurance system or code may be used to develop a food safety program. A QA food safety program will be one which an approved food safety auditor has certified has been developed under such a quality assurance system or code, and meets the relevant requirements in the Act regarding food safety programs. This is likely to be relevant to those food businesses such as manufacturers or statewide operations whose food safety programs are currently a component of a much larger quality assurance system that applies to the business as a whole. This is intended to reduce duplication of processes for food premises, whilst retaining an independent assessment of compliance using a hazard analysis approach.

It is important that registering councils have adequate information in cases where an annual council inspection is not carried out because a proposed Class 2 premises has a non-standard Food Safety Program. A number of other changes to the Act are designed to achieve this. For example:

• councils will have access to the full audit report;
• while the choice of auditor will remain with food businesses, appropriately qualified council officers who are approved as food safety auditors will be able to audit premises on behalf of their municipalities;
• the audit provisions will include a check of compliance with the Food Safety Standards, as well as with the FSP.

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