{"id":"sl-2002-10","name":"Food Regulation 2002","slug":"food-regulation-2002","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"10 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173376,"registerId":"act-sl-2002-10-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Food Regulation 2002","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFood Regulation 2002\nSL2002-10\nmade under the\nFood Act 2001\nRepublication No 15\nEffective: 23 June 2021\nRepublication date: 23 June 2021\nLast amendment made by A2021-12\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Food Regulation 2002, made under the Food Act 2001 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 23 June 2021. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 23 June 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFood Regulation 2002\nmade under the\nFood Act 2001\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\n3A Offences against regulation—application of Criminal Code etc 3\nPart 2 General\n4 Excluded reticulated water systems—Act, s 7 (3), def of relevant\nreticulated water system, par (c) 4\n4A Circumstances of payment to volunteers—Act, s 7A (4), def volunteer,\npar (b) 4\n5 Excluded primary food production activities—Act, s 11 (2) (c) 4\n\nContents\nPage\ncontents 2 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Food businesses exempt from registration—Act, s 90 5\n8 Food standards code—meaning of appropriate enforcement agency 6\nPart 3 Food safety programs\n9 Food safety auditors 7\n10 Functions of food safety auditors 7\n11 Reporting requirements 7\n12 Audit frequency 7\n13 Food safety program to be given to chief health officer and made\navailable to employees 8\nPart 4 Display of nutritional information for food\n13A Definitions—pt 4 9\n14 Prescribed nutritional information for standard food outlets—Act, s 110\n(3) (a) 10\n15 Prescribed nutritional information for other standard food outlets—Act,\ns 111 (2) 10\n15A Prescribed requirements for working out nutritional information—Act, s\n110 (3) (b) and s 111 (2) (a) 11\n16 Prescribed places for display of nutritional information for standard\nfood outlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2)\n(b) 11\n16A Prescribed places for display of nutritional information for standard\nfood outlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) 12\n17 Way of displaying nutritional information for standard food outlets other\nthan supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) 13\n18 Way of displaying nutritional information for standard food outlets that\nare supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) 14\nPart 5 Food safety supervisors\n19 Food safety supervisor must hold valid statement of attainment for\nfood safety training courses—Act, s 152 (2) (d) 15\n20 Notice of commencement of food safety supervisor—Act, s 152 (2) (d) 16\n21 Notice of change to contact details of food safety supervisor—Act,\ns 152 (2) (d) 16\n\nContents\nPage\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 17\nEndnotes\n1 About the endnotes 18\n2 Abbreviation key 18\n3 Legislation history 19\n4 Amendment history 21\n5 Earlier republications 24\n\n\n\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFood Regulation 2002\nmade under the\nFood Act 2001\n\nPart 1 Preliminary\nSection 1\npage 2 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Food Regulation 2002.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 3A\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3A Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 General\nSection 4\npage 4 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 General\n4 Excluded reticulated water systems—Act, s 7 (3), def of\nrelevant reticulated water system, par (c)\nA place to which a reticulated water system provides less than 365ML\nof water a year is prescribed.\nExamples\nsystems that provide water to Tharwa township and the forestry settlements at\nUriarra and Pierce’s Creek\n4A Circumstances of payment to volunteers—Act, s 7A (4),\ndef volunteer, par (b)\nThe following circumstances are prescribed:\n(a) a person is paid to manage the work of unpaid volunteers\ncarrying out work for a community organisation;\n(b) a person is paid an amount in relation to work done for a\ncommunity organisation and the payment is not assessable\nincome under the Income Tax Assessment Act 1997 (Cwlth),\nsection 6-15 (What is not assessable income).\n5 Excluded primary food production activities—Act,\ns 11 (2) (c)\nThe following primary food production activities are prescribed:\n(a) dairy farming and milk processing;\n(b) producing hen eggs commercially;\n(c) producing wine;\n(d) commercial slaughtering of livestock for human consumption.\n\nGeneral Part 2\nSection 6\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Food businesses exempt from registration—Act, s 90\n(1) The following food businesses are prescribed:\n(a) a food business that handles or sells food if—\n(i) all the food is either—\n(A) non-potentially hazardous and not contained in a\nclosed package; or\n(B) sold, straight after thorough cooking, for immediate\nconsumption; and\n(ii) the food business handles or sells food during no more than\n5 periods a year, and each period when it sells food is no\nlonger than 3 days;\n(b) the food business handles or sells food in or from a food\ntransport vehicle that is registered under a State law that\ncorresponds to the Act;\n(c) a food business that transports food but does not otherwise\nhandle or sell food;\n(d) a food business that sells only food that is—\n(i) contained in a closed package intended for sale; and\n(ii) non-potentially hazardous;\n(e) a food business that only sells, through a vending machine, food\nthat is non-potentially hazardous.\n(2) In this section:\nnon-potentially hazardous—food is non-potentially hazardous if it\ndoes not need to be kept at certain temperatures to—\n(a) minimise the growth of any pathogenic micro-organisms that\nmay be present in the food; or\n(b) prevent the formation of toxins in the food.\n\nPart 2 General\nSection 8\npage 6 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Food standards code—meaning of appropriate\nenforcement agency\nThe administrative unit responsible for the Public Health Act 1997,\nsection 7 (Chief health officer) is the appropriate enforcement agency\nfor the food standards code.\n\nFood safety programs Part 3\nSection 9\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Food safety programs\n9 Food safety auditors\n(1) The chief health officer may, in writing, authorise a public health\nofficer to be a food safety auditor.\n(2) In this section:\npublic health officer means a public health officer under the Public\nHealth Act 1997, section 12.\n10 Functions of food safety auditors\nA food safety auditor has the following functions:\n(a) to carry out audits of food safety programs when required under\nsection 12;\n(b) if an audit identifies deficiencies in a food safety program—to\ncarry out any necessary follow-up action (including additional\naudits) to check the deficiencies are remedied;\n(c) to report to the chief health officer the results of investigations\nor audits carried out under this part.\n11 Reporting requirements\nA food safety auditor who carries out a food safety program audit of\na registered food business must give a copy of the audit report to the\nfood business.\n12 Audit frequency\n(1) The chief health officer may determine how often a food safety\nprogram audit for a registered food business must be carried out.\nNote Power to make a statutory instrument includes power to make different\nprovision for different categories (see Legislation Act, s 48).\n\nPart 3 Food safety programs\nSection 13\npage 8 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In determining the audit frequency for a registered food business, the\nchief health officer—\n(a) must consider the interest of public health and safety; and\n(b) may consider the business’ compliance with food safety\nprograms.\n(3) A determination under this section is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n13 Food safety program to be given to chief health officer\nand made available to employees\n(1) This section applies to a registered food business that is required to\nhave a food safety program.\nNote For requirements about food safety programs, see the food standards\ncode, standard 3.2.1.\n(2) The proprietor of the registered food business must—\n(a) give a copy of the food safety program (including any changes\nmade to it) to the chief health officer; and\n(b) keep a copy of the program (including any changes made to it)\nat each of the business’ premises for inspection by any employee\nof the business.\n\nDisplay of nutritional information for food Part 4\nSection 13A\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Display of nutritional information\nfor food\n13A Definitions—pt 4\nIn this part:\nnutrition information panel means a nutrition information panel that\ncomplies with the food standards code.\nsupermarket means a large shop selling food and other household\nitems where the selection of goods is organised on a self-serve basis\nand the goods on offer include all of the following:\n(a) bread;\n(b) breakfast cereal;\n(c) butter;\n(d) eggs;\n(e) flour;\n(f) fresh fruit and vegetables;\n(g) fresh milk;\n(h) meat;\n(i) rice;\n(j) sugar;\n(k) other packaged food.\n\nPart 4 Display of nutritional information for food\nSection 14\npage 10 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Prescribed nutritional information for standard food\noutlets—Act, s 110 (3) (a)\n(1) The following nutritional information is prescribed for a standard\nfood item for sale at a standard food outlet other than a supermarket:\n(a) the average energy content of the food item, expressed in\nkilojoules for the whole of the food item;\n(b) the following statement:\n‘The average adult daily energy intake is 8,700kJ’.\n(2) The following nutritional information is prescribed for a standard\nfood item for sale at a standard food outlet that is a supermarket:\n(a) either—\n(i) the average energy content of the food item expressed in\nkilojoules per 100g; or\n(ii) the average energy content of the food item expressed in\nkilojoules for the whole of the food item; or\n(iii) if the food item is packaged or prepared on the supermarket\npremises—a nutrition information panel; and\n(b) the following statement:\n‘The average adult daily energy intake is 8,700kJ’.\n15 Prescribed nutritional information for other standard food\noutlets—Act, s 111 (2)\n(1) The average energy content of the food item, expressed in kilojoules,\nis prescribed for each standard food item for sale by a standard food\noutlet (other than a standard food outlet to which the Act, section 110\napplies).\n(2) The average energy content of a food item is to be worked out in\naccordance with the method mentioned in section 15A.\n\nDisplay of nutritional information for food Part 4\nSection 15A\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15A Prescribed requirements for working out nutritional\ninformation—Act, s 110 (3) (b) and s 111 (2) (a)\n(1) The average energy content of a standard food item must be worked\nout in accordance with the food standards code, standard 1.2.8\nmaking any necessary adjustment to ensure that the calculation is\ndone in relation to the whole of the food item, rather than per 100g.\n(2) The number of kilojoules worked out may be rounded to the nearest\n10kJ.\n16 Prescribed places for display of nutritional information\nfor standard food outlets other than supermarkets—Act,\ns 110 (3) (c) and s 111 (2) (b)\n(1) This section applies to a standard food outlet other than a\nsupermarket.\n(2) The places where the nutritional information mentioned in\nsection 14 (1) (a) and section 15 (1) must be displayed in relation to\na standard food item are—\n(a) on each menu on which the name or price of the standard food\nitem is displayed and on each price tag or label or identifying\ntag or label for the item; and\n(b) if there are drive-through facilities—on the drive-through menu\nboard that displays the name or price of the standard food item\nor on a separate adjacent board visible at or before the point of\nordering; and\n(c) adjacent to or in close proximity to the name or price of the\nstandard food item so as to be clearly associated with the item.\n(3) The places mentioned in subsection (1) where nutritional information\nis displayed in relation to a standard food item are to be consistent\nwith the places where that nutritional information is displayed for all\nof the other standard food items that are displayed with that standard\nfood item.\n\nPart 4 Display of nutritional information for food\nSection 16A\npage 12 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The places where the statement mentioned in section 14 (1) (b) must\nbe displayed are—\n(a) in 1 place on each menu on which the name or price of 1 or more\nstandard food items is displayed and adjacent to or in close\nproximity to the standard food item or items so as to be clearly\nassociated with the item or items; and\n(b) if there are drive-through facilities—in 1 place on the\ndrive-through menu board adjacent to or in close proximity to\nthe standard food item or items so as to be clearly associated\nwith the item or items; and\n(c) in each area or display cabinet, or on each stand, where standard\nfood items with price tags or labels or identifying tags or labels\nare displayed and adjacent to or in close proximity to the item or\nitems so as to be clearly associated with the item or items and\nconspicuous to a person looking at the item or items.\n16A Prescribed places for display of nutritional information\nfor standard food outlets that are supermarkets—Act,\ns 110 (3) (c) and s 111 (2) (b)\n(1) This section applies to a standard food outlet that is a supermarket.\n(2) The places where the nutritional information mentioned in\nsection 14 (2) (a) and section 15 (1) must be displayed in relation to\na standard food item are—\n(a) a place mentioned in section 16 (2); or\n(b) if the nutritional information is in a nutrition information\npanel—on the container or wrapping enclosing the standard\nfood item so that the nutrition information panel is—\n(i) conspicuous to a person looking at the item; and\n(ii) able to be seen by the person before the point of purchase\nwithout assistance from a person working at the standard\nfood outlet.\n\nDisplay of nutritional information for food Part 4\nSection 17\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The places mentioned in subsection (2) (a) where nutritional\ninformation is displayed in relation to a standard food item are to be\nconsistent with the places where that nutritional information is\ndisplayed for all of the other standard food items that are displayed\nwith that standard food item.\n(4) The statement mentioned in section 14 (2) (b) must be displayed at a\nplace mentioned in section 16 (4).\n17 Way of displaying nutritional information for standard\nfood outlets other than supermarkets—Act, s 110 (3) (c)\nand s 111 (2) (b)\n(1) This section applies to a standard food outlet other than a\nsupermarket.\n(2) The nutritional information mentioned in section 14 (1) (a) and\nsection 15 (1) must—\n(a) be clearly legible; and\n(b) display the number of kilojoules in numerals and use the\nabbreviation “kJ”; and\n(c) be in the same font, and at least the same font size, as the price\ndisplayed for the standard food item concerned or, if no price is\ndisplayed, as the name displayed for the item.\n(3) The statement mentioned in section 14 (1) (b) must—\n(a) be clearly legible; and\n(b) if only 1 standard food item is displayed on a menu—be in the\nsame font, and at least the same font size, as the name of the\nitem displayed or, if no name is displayed, as the price displayed\nfor the item; and\n\nPart 4 Display of nutritional information for food\nSection 18\npage 14 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if 2 or more standard food items are listed or displayed on a\nmenu—be in the same font, and at least the same font size, as\nthe name of the standard food item with the largest font size\nlisted or displayed or, if no names are listed or displayed, as the\nprice of the standard food item with the largest font size listed\nor displayed; and\n(d) for a standard food item or items displayed with a price tag or\nlabel or identifying tag or label in any area, display cabinet or\nstand—in at least the same font size as the largest font size on\nthe tags or labels for the standard food item or items in the area,\ndisplay cabinet or stand.\n18 Way of displaying nutritional information for standard\nfood outlets that are supermarkets—Act, s 110 (3) (c) and\ns 111 (2) (b)\n(1) This section applies to a standard food outlet that is a supermarket.\n(2) The nutritional information mentioned in section 14 (2) (a) and\nsection 15 (1) must—\n(a) be clearly legible; and\n(b) display the number of kilojoules in numerals and use the\nabbreviation ‘kJ’; and\n(c) be in the same font, and at least the same font size, as the largest\nshelf ticket price for the standard food item.\n(3) The statement mentioned in section 14 (2) (b) must—\n(a) be clearly legible; and\n(b) be in the same font, and at least the same font size, as the largest\nshelf ticket price for the standard food item.\n\nFood safety supervisors Part 5\nSection 19\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Food safety supervisors\n19 Food safety supervisor must hold valid statement of\nattainment for food safety training courses—Act,\ns 152 (2) (d)\n(1) This section applies to a registered food business that is required to\nhave a food safety supervisor.\nNote The Act, s 117, sets out when a registered food business must have a food\nsafety supervisor.\n(2) The proprietor of the business commits an offence if the food safety\nsupervisor—\n(a) does not hold a statement of attainment for an approved food\nsafety training course; or\n(b) holds a statement of attainment for an approved food safety\ntraining course, but the statement is more than 5 years old.\nMaximum penalty: 20 penalty units.\nNote The chief health officer must make guidelines for the approval of a food\nsafety training course—see the Act, s 119.\n(3) An offence against this section is a strict liability offence.\n(4) The proprietor of a registered food business must keep a copy of the\nfood safety supervisor’s current statement of attainment at the food\nbusiness premises.\n\nPart 5 Food safety supervisors\nSection 20\npage 16 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Notice of commencement of food safety supervisor—Act,\ns 152 (2) (d)\n(1) This section applies to a registered food business that is required to\nhave a food safety supervisor.\nNote The Act, s 117, sets out when a registered food business must have a food\nsafety supervisor.\n(2) The proprietor of the registered food business must, within 7 days\nafter the day a food safety supervisor commences at the business, give\nwritten notice of the commencement to the chief health officer.\nNote A fee may be determined under the Act, s 150 for giving notice under this\nsection.\n21 Notice of change to contact details of food safety\nsupervisor—Act, s 152 (2) (d)\n(1) This section applies to a registered food business that is required to\nhave a food safety supervisor.\nNote The Act, s 117, sets out when a registered food business must have a food\nsafety supervisor.\n(2) The proprietor of the registered food business must give written\nnotice to the chief health officer of any change to the contact details\nof the food safety supervisor for the business.\n(3) The notice must be given within 7 days after the day the proprietor\nbecomes aware that the contact details have changed.\nNote A fee may be determined under the Act, s 150 for giving notice under this\nsection.\n\nDictionary\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Act\n• chief health officer.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Food Act 2001 (see Legislation Act, s 148). For example, the\nfollowing terms are defined in the Food Act 2001, dict:\n• approved food safety training course\n• food business\n• food safety standard\n• food safety supervisor\n• food safety training course\n• food standards code\n• menu\n• ready-to-eat food\n• registered\n• standard food item (see s 108)\n• standard food outlet (see s 109)\n• statement of attainment.\nfood safety auditor means a person authorised to be a food safety\nauditor under section 9.\nnutrition information panel, for part 4 (Display of nutritional\ninformation for food)—see section 13A.\nsupermarket, for part 4 (Display of nutritional information for\nfood)—see section 13A.\n\nEndnotes\n1 About the endnotes\npage 18 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Food Regulations 2002. It was renamed under\nthe Legislation Act 2001.\nFood Regulation 2002 SL2002-10\nnotified LR 7 May 2002\ns 1, s 2 commenced 7 May 2002 (LA s 75 (1))\nremainder commenced 8 May 2002 (s 2)\nas amended by\nFood Amendment Regulations 2002 SL2002-14\nnotified LR 11 June 2002\ncommenced 11 June 2002 (s 2)\nFood Amendment Regulations 2003 (No 1) SL2003-19\nnotified LR 1 July 2003\ns 1, s 2 commenced 1 July 2003 (LA s 75 (1))\nremainder commenced 2 July 2003 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.24\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.24 commenced 12 November 2005 (s 2 (2) and LA s 79)\nFood (Safety Programs) Amendment Regulation 2007 (No 1)\nSL2007-14\nnotified LR 31 May 2007\ns 1, s 2 commenced 31 May 2007 (LA s 75 (1))\nremainder commenced 1 June 2007 (s 2)\nFood (Nutritional Information) Amendment Act 2011 A2011-32 pt 3\nnotified LR 5 September 2011\ns 1, s 2 commenced 5 September 2011 (LA s 75 (1))\npt 3 commenced 1 January 2013 (s 2)\nFood (Nutritional Information) Amendment Regulation 2012 (No 1)\nSL2012-36\nnotified LR 20 August 2012\ns 1, s 2 commenced 20 August 2012 (LA s 75 (1))\nremainder commenced 1 January 2013 (s 2 and see A2011-32 s 2)\n\nEndnotes\n3 Legislation history\npage 20 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFood Amendment Regulation 2013 (No 1) SL2013-8\nnotified LR 4 April 2013\ns 1, s 2 commenced 4 April 2013 (LA s 75 (1))\ns 3 commenced 5 April 2013 (LA s 75AA)\ns 4 commenced 5 April 2013 (s 2 (1))\nremainder commenced 1 September 2013 (s 2 (2) and see Food\nAmendment Act 2012 A2012-4, s 2 (4))\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.10\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.10 commenced 25 November 2013 (s 2)\nFood Amendment Act 2014 A2014-57 pt 3\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\npt 3 commenced 20 April 2015 (s 2 and CN2014-17)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.28\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.28 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.7\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.7 commenced 11 October 2017 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.20\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.20 commenced 23 June 2021 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R5 LA\nDictionary\ns 2 om LA s 89 (4)\nins SL2007-14 s 4\nNotes\ns 2A renum as s 3\nNotes\ns 3 orig s 3 renum as s 4\n(prev s 2A) ins SL2007-14 s 4\nrenum as s 3 SL2007-14 s 5\nOffences against regulation—application of Criminal Code etc\ns 3A ins A2017-28 amdt 3.18\nExcluded reticulated water systems—Act, s 7 (3), def of relevant reticulated\nwater system, par (c)\ns 4 orig s 4 renum as s 5\n(prev s 3) renum as s 4 SL2007-14 s 5\nCircumstances of payment to volunteers—Act, s 7A (4), def volunteer, par (b)\ns 4A hdg sub A2017-28 amdt 3.19\ns 4A ins A2014-57 s 32\nExcluded primary food production activities—Act, s 11 (2) (c)\ns 5 orig s 5 renum as s 6\n(prev s 4) am SL2003-19 s 4\nrenum as s 5 SL2007-14 s 5\nFood businesses exempt from registration—Act, s 90\ns 6 hdg sub A2017-28 amdt 3.20\ns 6 orig s 6 renum as s 7\n(prev s 5) am SL2003-19 s 5\nrenum as s 6 SL2007-14 s 5\nFood standards code—incorporation\ns 7 orig s 7 renum as s 8\n(prev s 6) renum as s 7 SL2007-14 s 5\nam SL2013-8 s 4\nom A2013-44 amdt 3.94\nFood standards code—meaning of appropriate enforcement agency\ns 8 orig s 8 om A2005-20 amdt 3.160\n(prev s 7) renum as s 8 SL2007-14 s 5\nam A2016-52 amdt 1.87\n\nEndnotes\n4 Amendment history\npage 22 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFood safety programs\npt 3 hdg om A2005-20 amdt 3.160\nins SL2007-14 s 6\nFood safety auditors\ns 9 om A2005-20 amdt 3.160\nins SL2007-14 s 6\nFunctions of food safety auditors\ns 10 om A2005-20 amdt 3.160\nins SL2007-14 s 6\nReporting requirements\ns 11 om A2005-20 amdt 3.160\nins SL2007-14 s 6\nAudit frequency\ns 12 om A2005-20 amdt 3.160\nins SL2007-14 s 6\nFood safety program to be given to chief health officer and made available to\nemployees\ns 13 om A2005-20 amdt 3.160\nins SL2007-14 s 6\nDisplay of nutritional information for food\npt 4 hdg ins SL2002-14 s 4\nexp 10 March 2003 (s 17)\nins A2012-32 s 7\nDefinitions—pt 4\ns 13A ins SL2012-36 s 4\ndef nutrition information panel ins SL2012-36 s 4\ndef supermarket ins SL2012-36 s 4\nPrescribed nutritional information for standard food outlets—Act,\ns 110 (3) (a)\ns 14 om A2005-20 amdt 3.160\nins A2012-32 s 7\nsub SL2012-36 s 5\nPrescribed nutritional information for other standard food outlets—Act,\ns 111 (2)\ns 15 om A2005-20 amdt 3.160\nins A2012-32 s 7\nam SL2012-36 s 6\nPrescribed requirements for working out nutritional information—Act, s 110\n(3) (b) and s 111 (2) (a)\ns 15A ins SL2012-36 s 7\n\nEndnotes\nAmendment history 4\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPrescribed places for display of nutritional information for standard food\noutlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2) (b)\ns 16 hdg sub SL2012-36 s 8\ns 16 ins SL2002-14 s 4\nexp 10 March 2003 (s 17)\nins A2012-32 s 7\nam SL2012-36 ss 9-11; ss renum R8 LA\nPrescribed places for display of nutritional information for standard food\noutlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b)\ns 16A ins SL2012-36 s 12\nWay of displaying nutritional information for standard food outlets other\nthan supermarkets—Act, s 110 (3) (c) and s 111 (2) (b)\ns 17 hdg sub SL2012-36 s 13\ns 17 ins SL2002-14 s 4\nexp 10 March 2003 (s 17)\nins A2012-32 s 7\nam SL2012-36 s 14, s 15; ss renum R8 LA\nWay of displaying nutritional information for standard food outlets that are\nsupermarkets—Act, s 110 (3) (c) and s 111 (2) (b)\ns 18 ins SL2012-36 s 16\nFood safety supervisors\npt 5 hdg ins SL2013-8 s 5\nFood safety supervisor must hold valid statement of attainment for food\nsafety training courses—Act, s 152 (2) (d)\ns 19 hdg sub A2017-28 amdt 3.21\ns 19 ins SL2013-8 s 5\nNotice of commencement of food safety supervisor—Act, s 152 (2) (d)\ns 20 hdg sub A2017-28 amdt 3.22\ns 20 ins SL2013-8 s 5\nam A2021-12 amdt 3.43\nNotice of change to contact details of food safety supervisor—Act,\ns 152 (2) (d)\ns 21 hdg sub A2017-28 amdt 3.23\ns 21 ins SL2013-8 s 5\nam A2021-12 amdt 3.43\nInfringement notice offences and penalties\nsch 1 om A2005-20 amdt 3.161\nModification of Act, part 12\nsch 2 ins SL2002-14 s 5\nexp 10 March 2003 (s 17)\n\nEndnotes\n5 Earlier republications\npage 24 Food Regulation 2002\nEffective: 23/06/21\nR15\n23/06/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins SL2007-14 s 7\nam A2011-32 s 8; SL2013-8 s 6\ndef food safety auditor ins SL2007-14 s 7\ndef nutrition information panel ins SL2012-36 s 17\ndef supermarket ins SL2012-36 s 17\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n8 May 2002\n8 May 2002–\n10 Jun 2002\nnot amended new regulation\nR2\n12 Jun 2002\n11 Jun 2002–\n10 Mar 2003\nSL2002-14 amendments by\nSL2002-14\nR3\n11 Mar 2003\n11 Mar 2003–\n1 Jul 2003\nSL2002-14 commenced expiry\nR4\n2 Jul 2003\n2 Jul 2003–\n2 Nov 204\nSL2003-19 amendments by\nSL2003-19\nR5\n3 Nov 2004\n3 Nov 2004–\n11 Nov 2005\nSL2003-19 includes editorial\namendments under\nLegislation Ac\nR6\n12 Nov 2005\n12 Nov 2005–\n31 May 2007\nA2005-20 amendments by\nA2005-20\nR7\n1 Jun 2007\n1 Jun 2007–\n31 Dec 2012\nSL2007-14 amendments by\nSL2007-14\nR8\n1 Jan 2013\n1 Jan 2013–\n4 Apr 2013\nSL2012-36 amendments by\nA2011-32 and\nSL2012-36\nR9\n5 Apr 2013\n5 Apr 2013–\n31 Aug 2013\nSL2013-8 amendments by\nSL2013-8\n\nEndnotes\nEarlier republications 5\nR15\n23/06/21\nFood Regulation 2002\nEffective: 23/06/21\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR10\n1 Sep 2013\n1 Sep 2013–\n24 Nov 2013\nSL2013-8 amendments by\nSL2013-8\nR11\n25 Nov 2013\n25 Nov 2013–\n19 Apr 2015\nA2013-44 amendments by\nA2013-44\nR12\n20 Apr 2015\n20 Apr 2015–\n31 Aug 2016\nA2014-57 amendments by\nA2014-57\nR13\n1 Sep 2016\n1 Sep 2016–\n10 Oct 2017\nA2016-52 amendments by\nA2016-52\nR14\n11 Oct 2017\n11 Oct 2017–\n22 Jun 2021\nA2017-28 amendments by\nA2017-28\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Since first made in 2002 the regulation's scope has expanded. Key additions include statutory support for food safety program audits (added 2007, SL2007-14), mandated nutritional information and labelling rules (2011–2013, A2011-32; SL2012-36), and food safety supervisor requirements and notification duties (2013, SL2013-8). The amendment history in the endnotes records these substantive scope extensions."},"complexity_factors":["Multiple regulated areas in one instrument (exemptions, water/primary production, registration, food safety programs/audits, nutritional labelling, supervisors) increasing cross-topic navigation.","Numerous cross-references to the Food Act 2001 and the Food Standards Code, requiring external-source interpretation (see e.g. ss 8, 15A).","Significant administrative discretion: chief health officer may authorise auditors and determine audit frequency (ss 9, 12).","Prescriptive, technical display and formatting rules for nutritional information with many placement and font-size conditions (ss 14–18).","Compliance and record-keeping obligations for proprietors (audit reports, food safety programs, statements of attainment, notification duties) that create ongoing operational costs (ss 11, 13, 19–21).","A strict liability offence for failure to maintain a current statement of attainment and quantified penalties (s 19; penalty unit values noted in front matter).","Incorporation of calculation rules and rounding (s 15A) and dependency on food standards for technical definitions.","Extensive amendment and republication history (endnotes) which raises interpretive and transitional complexity."],"plain_english_summary":"This regulation gives practical rules under the Food Act 2001 about who must register and what registered food businesses must do. It prescribes food safety program requirements and audits, sets mandatory kilojoule display and format rules for standard food items (including supermarkets), and requires nominated food safety supervisors to hold current training and notify the chief health officer.\n\nProprietors pay the compliance costs and face penalties for breaches (s 19). The chief health officer authorises auditors and sets audit frequency (ss 9, 12), creating measurable compliance burdens and administrative discretion."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation has grown significantly beyond its original scope. Originally enacted in 2002, it initially dealt with basic registration exemptions and water systems. Major expansions occurred in 2007 (food safety programs and auditors), 2012-2013 (kilojoule menu labelling for chain food outlets), and 2013 (food safety supervisors). These additions transformed it from a simple administrative regulation into a comprehensive framework covering nutritional transparency, mandatory training, and systematic food safety auditing."},"complexity_factors":["Multiple cross-references to the parent Food Act 2001 and the Food Standards Code (Australia New Zealand Food Standards Code)","Nested conditional logic for exemptions (e.g., section 6 with multiple sub-paragraphs and defined terms like 'non-potentially hazardous')","Detailed formatting requirements for nutritional information display (font sizes, placement, specific wording) in Part 4","Distinction between supermarkets and other standard food outlets requiring parallel but slightly different provisions (sections 14 vs 14(2), 16 vs 16A, 17 vs 18)","Incorporation of external documents by reference (Food Standards Code, particularly standards 1.2.8 and 3.2.1)","19 defined terms in the Dictionary, with some terms having Part-specific meanings (e.g., 'supermarket' and 'nutrition information panel' only for Part 4)"],"plain_english_summary":"This regulation supplements the ACT Food Act by setting practical rules for food businesses: which low-risk operators are exempt from registration, requirements for written food-safety programs and audits, mandatory kilojoule labelling for chains and some supermarkets, and the need for trained food-safety supervisors with notification obligations.  \n\nIt affects all food businesses in the ACT and health officers who enforce the law—balancing public-health protection for higher‑risk operations with reduced red tape for very small or low‑risk vendors."}},"importantCases":[],"_links":{"self":"/api/acts/food-regulation-2002","history":"/api/acts/food-regulation-2002/history","analysis":"/api/acts/food-regulation-2002/analysis","conflicts":"/api/acts/food-regulation-2002/conflicts","importantCases":"/api/acts/food-regulation-2002/important-cases","documents":"/api/acts/food-regulation-2002/documents"}}