State requirements:
Victoria
Food Safety Laws
Food safety is a shared responsibility among all individuals working in a Victorian food business, from staff members to proprietors. This commitment to delivering safe food to customers is not just a best practice – it’s a legal obligation under the Food Act.
Federal Regulations: Australia New Zealand Food Standards Code
Food businesses must follow the Australia New Zealand Food Standards Code, managed by Food Standards Australia New Zealand (FSANZ). This code includes many food safety rules, from general guidelines to specific requirements for how food is produced.
State Regulations: Victorian Department of Health
The Victorian Food Act 1984 forms the foundation of food safety regulation in Victoria.
The Food Act 1984 is the primary legislation governing food safety in Victoria. It outlines:
- Food business classification system
- Registration requirements
- Food safety program obligations
- Inspection and enforcement procedures
Victorian Food Safety Regulator: Department of Health
The Department of Health in Victoria is responsible for:
- Developing food safety policies
- Providing guidance to local councils
- Overseeing the implementation of food safety programs
Risk-Based Food Premise Classification System
Food Safety Classification System in Victoria
Victoria uses a unique risk-based classification system for food businesses:
- Class 1: Highest risk (e.g., hospitals, aged care facilities)
- Class 2: High risk (e.g., restaurants, cafes, takeaways)
- Class 3: Medium risk (e.g., bakeries, green grocers)
- Class 4: Low risk (e.g., pre-packaged food retailers)
Your local council determines the class of your food business, which dictates whether you need a food safety supervisor.
Food Safety Supervisor and Food Handler Training Requirements
Food Handlers
Victorian food businesses must ensure all food handlers have skills and knowledge appropriate to their food handling tasks.
Food Safety Supervisors (FSS):
All class 1 and most class 2 premises must have a food safety supervisor.
The FSS must have completed accredited training from a Registered Training Organisation (RTO) and have a Statement of Attainment to be a food safety supervisor in their sector.
The food safety supervisor doesn’t need to be on-site at all times. However, they should be reasonably available and have a clear understanding of how food is being handled in their absence.
Local Council Enforcement
In Victoria, local councils are primarily responsible for:
- Registering & classifying food businesses
- Conducting food safety inspections
- Investigating food complaints
- Issuing improvement notices or penalties
Council inspectors can show up unannounced at any time to inspect your premises and check your compliance.
Consequences of Non-Compliance
Failing to meet Victorian food safety regulations can result in:
- Fines: Penalties can range from hundreds to tens of thousands of dollars
- Prohibition orders: Forced closure of the food premises
- Legal action: Prosecution for serious or repeated offenses
- Publication of details: Name and address may be published on the conviction register
- Registration impacts: Refusal, suspension, or revocation of food business registration
