What will change? What will stay the same?

Page contents: Stronger regulatory system | More business choice. More consistent enforcement.

Stronger regulatory system

The fundamentals of the existing Food Act will remain in place with all food businesses remaining responsible for the safe handling of food. The registration of most food premises, compliance checks, provision of guidance and advice available to food businesses, and measures to protect public health will all continue to be the mainstays of food regulation.

The national Food Standards Code and its food safety standards will continue to apply. The Code establishes standards about how food is to be cooked, food hygiene, temperature control, and structural requirements for food premises.

The amendments will streamline the workings of the Food Act. This includes bringing in better systems to identify where the risks of food poisoning are highest, and giving councils a more flexible array of statutory tools to address food safety problems. For many food businesses and community groups the changes will mean more choice, more streamlined processes, and fewer costs to comply with the new law.

More business choice. More consistent enforcement.

VCEC found that the current statutory framework is insufficiently targeted to risk. The current “one size fits all” classification system for food premises imposes standard regulatory requirements without enough consideration of the size or nature of the business. A small stall at a fair may be regulated in much the same way as a supermarket. The result is excessive regulatory burden and cost for a number of businesses and community groups.

The amendments to the Act will enable the current classification system to be expanded from two to four classes. The purpose of this is to allow regulation to be better matched to the level of food safety risk which each class of food premises needs to manage. The higher the risk, the greater the level of regulation necessary to ensure that food is safe to eat, and vice versa.

For most community groups and lower risk food businesses, the changes will mean reduced regulatory requirements. For medium and high-risk businesses, the changes are intended to reduce unnecessary duplication, particularly in the areas of assessment and audit.

Whilst the new system will be simpler for businesses, there will be a more graduated statutory framework for councils and the department to manage. The objective is for the 79 councils across the state to enforce the new laws in a consistent manner. The department will play a more significant role in providing advice to councils about the Act.

For more information, read the second reading speech on the Food Amendment (Regulation Reform) Bill (under 'Parliamentary Documents') at the Victorian Legislation and Parliamentary Documents website.

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