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Food Regulation 2015 – commencing 30 October 2015

October 31, 2015
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Following a significant review of the Food Regulation 2010, which included a number of comprehensive surveys, extensive industry consultation and the public consultation period (which saw 29 submissions lodged), the Food Regulation 2015 has been made.

The Food Regulation 2015 was published on the NSW legislation website on 16 October with a commencement date of 30 October 2015.

The Food Regulation 2015 seeks to enhance the effectiveness of the 2010 Regulation by introducing several amendments that build upon the ‘fit for purpose’ view provided by regulated stakeholders to the NSW Food Authority. The Food Authority believes that the Food Regulation 2015 achieves a better balance between maximising food safety outcomes for consumers while minimising regulatory costs of regulation on business than the 2010 Regulation.

You can view the Food Regulation 2015 here.

In summary, the amendments:

  • Prescribe local councils as the appropriate enforcement agencies for the purposes of retail/food service business notification
  • Remove the application fee to become an approved analyst
  • Align food safety supervisor trainer and assessor requirements with the national Standards for Registered Training Organisations made under the Commonwealth National Vocational Education and Training Regulator Act 2011
  • Reset the baseline for annual licence fees to reflect the annual application of the CPI which has been applied over 2010-15
  • Remove reference to the out of date publications Australian Manual for Control of Salmonella in the Dairy Industry and Australian manual for Control of Listeria in the Dairy Industry
  • Align the dairy FSS with national Standard 4.2.4 of the Code by removing the prohibition on the manufacture of raw milk cheese
  • Allow a former holder of a shellfish licence to also be eligible to be a member of a local shellfish committee
  • Align the egg FSS with national Standard 4.2.5 of the Code by removing the definition of broken egg, and associated references, and cl. 155 of the 2010 Regulation in relation to stock food for layer hens, both of which duplicate what is in the national Standard; and
  • Reset the baseline for annual inspection and audit charges for licensed and non-licensed businesses to reflect the annual application of the CPI which has been applied over 2010-15.

The NSW Food Safety Schemes Manual has been updated to reflect changes to testing requirements and you can view the revised version on our website here

More information regarding the repeal process can be found here.

You can direct queries regarding Food Regulation 2015 to contact@foodauthority.nsw.gov.au or by phoning us on 1300 552 406.