Key messages
- All class 1 food premises, all food manufacturers, and some class 2 food premises are required to use a non-standard food safety programs (FSP). For more information on Victorian FSPs go to Food safety programs.
- Food businesses required to have a Non-standard FSP must be audited by a Department of Health (the department) certified food safety auditor under the Victorian Food Act 1984 (the Act).
- Class 2 food premises with a standard FSP, class 2 food premises that are exempt from having an FSP, as well as all food premises that are class 3, 3A or class 4, are not audited.
- Critical deficiencies at a food business will be reported by the auditor to the business’ registering local council as soon as practical (usually within 24 hours of the audit).
- An auditor must not conduct the food safety audit of a food premises if the auditor has written, or assisted in preparing, the FSP for that premises. An auditor must also comply with conflict-of-interest provisions in the Auditor Code of Conduct.
- Victorian local councils and auditors each have responsibilities in the auditing process under the Act.
The Victorian food safety audit system provides assurance that food safety auditors certified under the Act are working in a consistent and reliable manner. This safeguards Victoria’s reputation as a provider of safe and suitable food for sale.
An audit checks:
- the adequacy of a business’ FSP
- that the business is complying with its FSP
- that the business is complying with the Australian New Zealand Food Standards Code (the Code).
Audits must be conducted by a department-certified food safety auditor who competent to conduct audits. To see a current list of food safety auditors certified by the department, see the food safety auditor .
For information on auditor certification, visit the Food safety auditors page.
Audit requirements
The Act requires that:
- a food safety audit be conducted at a declared frequency to determine whether a food safety program
- has been complied with during the period covered by the audit
- is adequate at the date of the audit
- the business is complying with food safety requirements as set out in the Code and the Act
- the audit of a food premises must be conducted by a food safety auditor certified by the department as competent to conduct an audit for the class or category of food premises to which the food premises belongs.
Proprietors of a food premises must:
- engage a department-certified food safety auditor
- ensure their FSP and records are available at the premises at all times
- make available all relevant documentation that supports the FSP for the auditor to view.
Following an audit, providing the business is fully compliant, the auditor must provide an audit certificate to the business, and to the registering council within 14 days of giving the certificate to the business.
That certificate must be:
- a certificate of adequacy and compliance; or
- a certificate detailing that corrective actions have been taken to address deficiencies or any outstanding matters if an audit has revealed critical deficiencies at the food premises.
The local council requires this certificate before it can renew the registration of the food premises.
Should the auditor identify any deficiencies that may lead to a serious risk of food being sold or prepared that is unsafe or unsuitable, the auditor must inform the registering local council and the department as soon as practicable.
Food safety auditors carry identification to confirm that they have been certified by the department as an auditor under the Act. Their identification may also include any additional high-risk conditions they can audit, such as cook-chill.
The proprietor of the food premises must provide the registering local council with a copy of any report prepared by the auditor, if requested by the council.
Auditor list
The food safety auditor is updated regularly.
Local council responsibilities
Local council is responsible for registering food businesses under the Act and inspecting all class 1 and class 2 food premises.
Local council is also responsible for:
- annually assessing all class 1 and class 2 food premises
- responding to notifications of critical deficiencies at a food premises from an auditor
- enforcing compliance with the audit frequency declared in the Government Gazette by the Secretary to the Department of Health (currently one audit each year for class 1 and class 2 premises)
- investigating complaints made against a food business
- enforcing regulatory action, where required.
Auditor responsibilities
The Act specifically addresses auditor conflict of interest. It states an auditor must not conduct the food safety audit of a premises if the auditor has written or assisted in preparing the food safety program for that premises. Please contact the department for further guidance at foodsafetyauditors@health.vic.gov.au.
The auditor will assess whether a food safety program is adequate and will check that the business is following all parts of its food safety program. The auditor is required to provide the proprietor with a notice to the proprietor correct any deficiencies identified and negotiate time periods for them to be rectified.
Should any critical deficiencies be identified, the auditor must notify the relevant local council as soon as practicable (within 24 hours).
At the end of the audit process, providing the business is in full compliance, the auditor will issue a ‘certificate of adequacy and compliance’ to the business.
The auditor must also forward a copy of the audit ‘certificate of adequacy and compliance’ to the registering council within 14 days after it has been given to the proprietor.
Deficiency
A deficiency (sometimes known as a non-conformance) is a breach of hygiene or food handling practice, or an inadequacy of the food safety program.
Critical deficiency
A critical deficiency is when there is a deficiency or breach that poses a serious risk to public health. This includes situations where there is a serious risk of food being sold that is unsafe or unsuitable to eat.
Reviewed 16 April 2025