{"id":"qld:sl-2016-0122","name":"Food Regulation 2016","slug":"food-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"122 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175162,"registerId":"qld-qld:sl-2016-0122-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Food Regulation 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definition","content":"### sec.2 Definition\n\nIn this regulation—\nsupermarket means premises in which more than 1,000m 2 of floor area is used for the retail sale of food items, including, for example—\nbread;\nbreakfast cereal;\nbutter;\neggs;\nflour;\nfresh fruit and vegetables;\nfresh milk;\nmeat;\nrice;\nsugar;\nother packaged food.\ns 2 amd 2025 SL No. 121 s 4\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.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Licensable food businesses","content":"# Licensable food businesses","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Sale of prescribed food— Act , s 48","content":"### sec.3 Sale of prescribed food— Act , s 48\n\nFor section 48 (2) (k) of the Act —\nfood mentioned in schedule 1 , part 1 is prescribed; and\nmeals sold by a non-profit organisation are prescribed if—\nthe organisation is a surf lifesaving club; and\na member of the club is involved in the preparation of the meal; and\nthe meal is sold to a member of the club for a nominal amount.\nHowever, food mentioned in schedule 1 , part 1 is not included for subsection (1) (a) if the food is in a form that makes it potentially hazardous food.\ncouscous in a salad, pasta that is cooked\nFor section 48 (3) of the Act , definition snack food , paragraph (d) , the food mentioned in schedule 1 , part 2 is prescribed.\n(sec.3-ssec.1) For section 48 (2) (k) of the Act — food mentioned in schedule 1 , part 1 is prescribed; and meals sold by a non-profit organisation are prescribed if— the organisation is a surf lifesaving club; and a member of the club is involved in the preparation of the meal; and the meal is sold to a member of the club for a nominal amount.\n(sec.3-ssec.2) However, food mentioned in schedule 1 , part 1 is not included for subsection (1) (a) if the food is in a form that makes it potentially hazardous food. couscous in a salad, pasta that is cooked\n(sec.3-ssec.3) For section 48 (3) of the Act , definition snack food , paragraph (d) , the food mentioned in schedule 1 , part 2 is prescribed.\n- (a) food mentioned in schedule 1 , part 1 is prescribed; and\n- (b) meals sold by a non-profit organisation are prescribed if— (i) the organisation is a surf lifesaving club; and (ii) a member of the club is involved in the preparation of the meal; and (iii) the meal is sold to a member of the club for a nominal amount.\n- (i) the organisation is a surf lifesaving club; and\n- (ii) a member of the club is involved in the preparation of the meal; and\n- (iii) the meal is sold to a member of the club for a nominal amount.\n- (i) the organisation is a surf lifesaving club; and\n- (ii) a member of the club is involved in the preparation of the meal; and\n- (iii) the meal is sold to a member of the club for a nominal amount.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Display of licence details by mobile premises— Act , s 69","content":"### sec.4 Display of licence details by mobile premises— Act , s 69\n\nFor section 69 (1) (c) (ii) of the Act , the details of the licence to be displayed on mobile premises are the following—\nthe name and telephone number of the local government that issued the licence;\nthe number of the licence as issued by the local government;\nthe expiry date of the licence;\nthe licensee’s full name;\nif the mobile premises are a vehicle, under the Transport Operations (Road Use Management) Act 1995 , that is required to be registered under that Act—the registration number of the vehicle;\nSee also the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 10 .\nif the premises are a food vending machine—\nthe serial number for the food vending machine; or\nanother unique identifying number or mark for the food vending machine.\ns 4 amd 2021 SL No. 113 s 260\n- (a) the name and telephone number of the local government that issued the licence;\n- (b) the number of the licence as issued by the local government;\n- (c) the expiry date of the licence;\n- (d) the licensee’s full name;\n- (e) if the mobile premises are a vehicle, under the Transport Operations (Road Use Management) Act 1995 , that is required to be registered under that Act—the registration number of the vehicle; Note— See also the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 10 .\n- (f) if the premises are a food vending machine— (i) the serial number for the food vending machine; or (ii) another unique identifying number or mark for the food vending machine.\n- (i) the serial number for the food vending machine; or\n- (ii) another unique identifying number or mark for the food vending machine.\n- (i) the serial number for the food vending machine; or\n- (ii) another unique identifying number or mark for the food vending machine.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Accredited food safety program","content":"# Accredited food safety program","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed food business— Act , s 99","content":"### sec.5 Prescribed food business— Act , s 99\n\nFor section 99 (1) (e) of the Act , the following types of food businesses are prescribed—\na relevant facility that processes potentially hazardous food for at least 6 persons in the facility’s care at a time;\na residential aged-care facility or childcare centre that prepares meals for persons in its care\na relevant facility that serves potentially hazardous food to at least 6 persons in the facility’s care at a time;\na residential aged-care facility that serves meals, prepared by an off-site supplier, to persons in its care\na ready-for-consumption food business processing ready-for-consumption food that—\nincludes potentially hazardous food; and\nis for service to at least 6 persons at a time;\na cook–chill facility that processes food for service to patients in a private hospital\na food business whose principal activity is processing ready-for-consumption food for delivery by a delivered meals organisation if the food—\nincludes potentially hazardous food; and\nis for delivery to at least 6 persons at a time.\na Meals on Wheels branch that cooks meals for delivery to frail or aged persons\nIn this section—\naged-care facility means—\na facility in which residential care, or flexible care in a residential setting, is provided by an approved provider, other than the State, under the Aged Care Act 1997 (Cwlth) ; or\na day facility that provides respite care, or rehabilitative or therapeutic treatment, to aged persons.\ndelivered meals organisation means a community organisation delivering meals to the homes of frail or aged persons, or persons with a disability.\npreparatory year means the year of schooling immediately before year 1.\nprivate hospital see the Private Health Facilities Act 1999 , section 9 .\nprocess means undertaking an activity to prepare food for sale, including chopping, cooking, drying, fermenting, heating, pasteurising, thawing and washing.\npublic sector hospital means a hospital operated by the State.\nready-for-consumption food means food that is ready for consumption, including food that may be reheated, portioned or garnished, or food that undergoes similar finishing prior to service.\nready-for-consumption food business means a food business whose principal activity is processing ready-for-consumption food for service in another facility that is—\na relevant facility; or\na private hospital; or\na public sector hospital.\nrelevant facility means any of the following—\nan aged-care facility;\na facility that provides care, including palliative care, to persons with a terminal illness;\na day hospital licensed under the Private Health Facilities Act 1999 , part 6 , that provides haemodialysis or cytotoxic infusion health services;\na QEC approved service under the Education and Care Services Act 2013 , other than a school age care service under that Act;\nan approved education and care service under the Education and Care Services National Law (Queensland) , other than—\na family day care service under that Law; or\nan education and care service under that Law providing education and care primarily to children who attend school in the preparatory year or a higher year.\nrespite care means care provided to a person to give the person or their carer a short-term break from their usual care arrangement.\n(sec.5-ssec.1) For section 99 (1) (e) of the Act , the following types of food businesses are prescribed— a relevant facility that processes potentially hazardous food for at least 6 persons in the facility’s care at a time; a residential aged-care facility or childcare centre that prepares meals for persons in its care a relevant facility that serves potentially hazardous food to at least 6 persons in the facility’s care at a time; a residential aged-care facility that serves meals, prepared by an off-site supplier, to persons in its care a ready-for-consumption food business processing ready-for-consumption food that— includes potentially hazardous food; and is for service to at least 6 persons at a time; a cook–chill facility that processes food for service to patients in a private hospital a food business whose principal activity is processing ready-for-consumption food for delivery by a delivered meals organisation if the food— includes potentially hazardous food; and is for delivery to at least 6 persons at a time. a Meals on Wheels branch that cooks meals for delivery to frail or aged persons\n(sec.5-ssec.2) In this section— aged-care facility means— a facility in which residential care, or flexible care in a residential setting, is provided by an approved provider, other than the State, under the Aged Care Act 1997 (Cwlth) ; or a day facility that provides respite care, or rehabilitative or therapeutic treatment, to aged persons. delivered meals organisation means a community organisation delivering meals to the homes of frail or aged persons, or persons with a disability. preparatory year means the year of schooling immediately before year 1. private hospital see the Private Health Facilities Act 1999 , section 9 . process means undertaking an activity to prepare food for sale, including chopping, cooking, drying, fermenting, heating, pasteurising, thawing and washing. public sector hospital means a hospital operated by the State. ready-for-consumption food means food that is ready for consumption, including food that may be reheated, portioned or garnished, or food that undergoes similar finishing prior to service. ready-for-consumption food business means a food business whose principal activity is processing ready-for-consumption food for service in another facility that is— a relevant facility; or a private hospital; or a public sector hospital. relevant facility means any of the following— an aged-care facility; a facility that provides care, including palliative care, to persons with a terminal illness; a day hospital licensed under the Private Health Facilities Act 1999 , part 6 , that provides haemodialysis or cytotoxic infusion health services; a QEC approved service under the Education and Care Services Act 2013 , other than a school age care service under that Act; an approved education and care service under the Education and Care Services National Law (Queensland) , other than— a family day care service under that Law; or an education and care service under that Law providing education and care primarily to children who attend school in the preparatory year or a higher year. respite care means care provided to a person to give the person or their carer a short-term break from their usual care arrangement.\n- (a) a relevant facility that processes potentially hazardous food for at least 6 persons in the facility’s care at a time; Example— a residential aged-care facility or childcare centre that prepares meals for persons in its care\n- (b) a relevant facility that serves potentially hazardous food to at least 6 persons in the facility’s care at a time; Example— a residential aged-care facility that serves meals, prepared by an off-site supplier, to persons in its care\n- (c) a ready-for-consumption food business processing ready-for-consumption food that— (i) includes potentially hazardous food; and (ii) is for service to at least 6 persons at a time; Example— a cook–chill facility that processes food for service to patients in a private hospital\n- (i) includes potentially hazardous food; and\n- (ii) is for service to at least 6 persons at a time;\n- (d) a food business whose principal activity is processing ready-for-consumption food for delivery by a delivered meals organisation if the food— (i) includes potentially hazardous food; and (ii) is for delivery to at least 6 persons at a time. Example— a Meals on Wheels branch that cooks meals for delivery to frail or aged persons\n- (i) includes potentially hazardous food; and\n- (ii) is for delivery to at least 6 persons at a time.\n- (i) includes potentially hazardous food; and\n- (ii) is for service to at least 6 persons at a time;\n- (i) includes potentially hazardous food; and\n- (ii) is for delivery to at least 6 persons at a time.\n- (a) a facility in which residential care, or flexible care in a residential setting, is provided by an approved provider, other than the State, under the Aged Care Act 1997 (Cwlth) ; or\n- (b) a day facility that provides respite care, or rehabilitative or therapeutic treatment, to aged persons.\n- (a) a relevant facility; or\n- (b) a private hospital; or\n- (c) a public sector hospital.\n- (a) an aged-care facility;\n- (b) a facility that provides care, including palliative care, to persons with a terminal illness;\n- (c) a day hospital licensed under the Private Health Facilities Act 1999 , part 6 , that provides haemodialysis or cytotoxic infusion health services;\n- (d) a QEC approved service under the Education and Care Services Act 2013 , other than a school age care service under that Act;\n- (e) an approved education and care service under the Education and Care Services National Law (Queensland) , other than— (i) a family day care service under that Law; or (ii) an education and care service under that Law providing education and care primarily to children who attend school in the preparatory year or a higher year.\n- (i) a family day care service under that Law; or\n- (ii) an education and care service under that Law providing education and care primarily to children who attend school in the preparatory year or a higher year.\n- (i) a family day care service under that Law; or\n- (ii) an education and care service under that Law providing education and care primarily to children who attend school in the preparatory year or a higher year.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Exemption from requirement for accredited food safety program— Act , s 99","content":"### sec.6 Exemption from requirement for accredited food safety program— Act , s 99\n\nFor section 99 (2) of the Act , a licensee is exempt if on-site catering is provided—\non not more than 11 occasions in any 12-month period; and\nfor not more than 199 persons on each occasion.\n- (a) on not more than 11 occasions in any 12-month period; and\n- (b) for not more than 199 persons on each occasion.","sortOrder":8},{"sectionNumber":"pt.4","sectionType":"part","heading":"Nutritional information for food","content":"# Nutritional information for food","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Prepackaged food— Act , s 164C","content":"### sec.7 Prepackaged food— Act , s 164C\n\nFor section 164C (5) of the Act , an item of ready-to-eat food is prepackaged if the food—\narrives at the premises where it is sold in a container or wrapper in or by which the food is wholly enclosed, whether or not the food is also in an outer container or wrapper that contains multiple units of the food; and\nis not removed from its container or wrapper, other than any outer container or wrapper, before its sale at the premises; and\nhas a nutrition information panel within the meaning of the food standards code that is easily visible to the person purchasing the food before it is purchased.\n(sec.7-ssec) For section 164C (5) of the Act , an item of ready-to-eat food is prepackaged if the food— arrives at the premises where it is sold in a container or wrapper in or by which the food is wholly enclosed, whether or not the food is also in an outer container or wrapper that contains multiple units of the food; and is not removed from its container or wrapper, other than any outer container or wrapper, before its sale at the premises; and has a nutrition information panel within the meaning of the food standards code that is easily visible to the person purchasing the food before it is purchased.\n- (a) arrives at the premises where it is sold in a container or wrapper in or by which the food is wholly enclosed, whether or not the food is also in an outer container or wrapper that contains multiple units of the food; and\n- (b) is not removed from its container or wrapper, other than any outer container or wrapper, before its sale at the premises; and\n- (c) has a nutrition information panel within the meaning of the food standards code that is easily visible to the person purchasing the food before it is purchased.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Prescribed way of working out nutritional information— Act , ss 164E and 164F","content":"### sec.8 Prescribed way of working out nutritional information— Act , ss 164E and 164F\n\nFor sections 164E (2) (b) and 164F (2) (a) of the Act , the average energy content of a standard food item must be worked out—\nin the same way as the average energy content under the food standards code is calculated; and\nif, under section 9 , the average energy content is to be displayed for the whole of the item—by making necessary changes to ensure the working out is for the whole of the item instead of for 100g.\nThe number of kilojoules worked out may be rounded to the nearest 10kJ.\n(sec.8-ssec.1) For sections 164E (2) (b) and 164F (2) (a) of the Act , the average energy content of a standard food item must be worked out— in the same way as the average energy content under the food standards code is calculated; and if, under section 9 , the average energy content is to be displayed for the whole of the item—by making necessary changes to ensure the working out is for the whole of the item instead of for 100g.\n(sec.8-ssec.2) The number of kilojoules worked out may be rounded to the nearest 10kJ.\n- (a) in the same way as the average energy content under the food standards code is calculated; and\n- (b) if, under section 9 , the average energy content is to be displayed for the whole of the item—by making necessary changes to ensure the working out is for the whole of the item instead of for 100g.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Prescribed way of displaying nutritional information— Act , ss 164E and 164F","content":"### sec.9 Prescribed way of displaying nutritional information— Act , ss 164E and 164F\n\nFor sections 164E (2) (c) and 164F (2) (b) of the Act , the average energy content of a standard food item must—\nfor a standard food outlet that is a supermarket—\nbe displayed either for the whole of the item or 100g of the item; and\nbe in the same font and colour, and at least the same font size, as the price or unit price displayed for the item; and\nfor a standard food outlet that is not a supermarket—\nbe displayed for the whole of the item; and\nbe in the same font, font size and colour as the price displayed for the item or, if no price is displayed, as the name displayed for the item; and\nbe clearly legible; and\ndisplay the number of kilojoules in numerals and use the abbreviation ‘kJ’; and\nbe displayed at the same time and for the same period as—\nif only the name or price of the item is displayed—the name or price is displayed for the item; or\nif both the name and price of the item are displayed—the name and price are displayed for the item.\nFor sections 164E (2) (c) and 164F (2) (b) of the Act , an average energy intake statement must—\nbe clearly legible; and\nfor a menu with only 1 standard food item displayed—be in the same font, font size and colour as—\nif the name of the item is displayed—the name of the item; or\nif no name is displayed—the price displayed for the item; and\nfor a menu with 2 or more standard food items listed or displayed—be in the same font, font size and colour as—\nif the name of a standard food item is listed or displayed—the name of the standard food item with the largest font size listed or displayed; or\nif no names are listed or displayed—the price of the standard food item with the largest font size listed or displayed; and\nfor standard food items displayed with a price tag or label or identifying tag or label in any area, display cabinet or stand—be in the same font, font size and colour as the largest font size on the tags or labels for the standard food items in the area, display cabinet or stand; and\nbe displayed at the same time and for the same period as—\nif only the name or price of a standard food item is displayed—the name or price is displayed for the item; or\nif both the name and price of a standard food item are displayed—the name and price are displayed for the item.\nIn this section—\nunit price , for a standard food item, means the price for a unit of measurement of the item.\n(sec.9-ssec.1) For sections 164E (2) (c) and 164F (2) (b) of the Act , the average energy content of a standard food item must— for a standard food outlet that is a supermarket— be displayed either for the whole of the item or 100g of the item; and be in the same font and colour, and at least the same font size, as the price or unit price displayed for the item; and for a standard food outlet that is not a supermarket— be displayed for the whole of the item; and be in the same font, font size and colour as the price displayed for the item or, if no price is displayed, as the name displayed for the item; and be clearly legible; and display the number of kilojoules in numerals and use the abbreviation ‘kJ’; and be displayed at the same time and for the same period as— if only the name or price of the item is displayed—the name or price is displayed for the item; or if both the name and price of the item are displayed—the name and price are displayed for the item.\n(sec.9-ssec.2) For sections 164E (2) (c) and 164F (2) (b) of the Act , an average energy intake statement must— be clearly legible; and for a menu with only 1 standard food item displayed—be in the same font, font size and colour as— if the name of the item is displayed—the name of the item; or if no name is displayed—the price displayed for the item; and for a menu with 2 or more standard food items listed or displayed—be in the same font, font size and colour as— if the name of a standard food item is listed or displayed—the name of the standard food item with the largest font size listed or displayed; or if no names are listed or displayed—the price of the standard food item with the largest font size listed or displayed; and for standard food items displayed with a price tag or label or identifying tag or label in any area, display cabinet or stand—be in the same font, font size and colour as the largest font size on the tags or labels for the standard food items in the area, display cabinet or stand; and be displayed at the same time and for the same period as— if only the name or price of a standard food item is displayed—the name or price is displayed for the item; or if both the name and price of a standard food item are displayed—the name and price are displayed for the item.\n(sec.9-ssec.3) In this section— unit price , for a standard food item, means the price for a unit of measurement of the item.\n- (a) for a standard food outlet that is a supermarket— (i) be displayed either for the whole of the item or 100g of the item; and (ii) be in the same font and colour, and at least the same font size, as the price or unit price displayed for the item; and\n- (i) be displayed either for the whole of the item or 100g of the item; and\n- (ii) be in the same font and colour, and at least the same font size, as the price or unit price displayed for the item; and\n- (b) for a standard food outlet that is not a supermarket— (i) be displayed for the whole of the item; and (ii) be in the same font, font size and colour as the price displayed for the item or, if no price is displayed, as the name displayed for the item; and\n- (i) be displayed for the whole of the item; and\n- (ii) be in the same font, font size and colour as the price displayed for the item or, if no price is displayed, as the name displayed for the item; and\n- (c) be clearly legible; and\n- (d) display the number of kilojoules in numerals and use the abbreviation ‘kJ’; and\n- (e) be displayed at the same time and for the same period as— (i) if only the name or price of the item is displayed—the name or price is displayed for the item; or (ii) if both the name and price of the item are displayed—the name and price are displayed for the item.\n- (i) if only the name or price of the item is displayed—the name or price is displayed for the item; or\n- (ii) if both the name and price of the item are displayed—the name and price are displayed for the item.\n- (i) be displayed either for the whole of the item or 100g of the item; and\n- (ii) be in the same font and colour, and at least the same font size, as the price or unit price displayed for the item; and\n- (i) be displayed for the whole of the item; and\n- (ii) be in the same font, font size and colour as the price displayed for the item or, if no price is displayed, as the name displayed for the item; and\n- (i) if only the name or price of the item is displayed—the name or price is displayed for the item; or\n- (ii) if both the name and price of the item are displayed—the name and price are displayed for the item.\n- (a) be clearly legible; and\n- (b) for a menu with only 1 standard food item displayed—be in the same font, font size and colour as— (i) if the name of the item is displayed—the name of the item; or (ii) if no name is displayed—the price displayed for the item; and\n- (i) if the name of the item is displayed—the name of the item; or\n- (ii) if no name is displayed—the price displayed for the item; and\n- (c) for a menu with 2 or more standard food items listed or displayed—be in the same font, font size and colour as— (i) if the name of a standard food item is listed or displayed—the name of the standard food item with the largest font size listed or displayed; or (ii) if no names are listed or displayed—the price of the standard food item with the largest font size listed or displayed; and\n- (i) if the name of a standard food item is listed or displayed—the name of the standard food item with the largest font size listed or displayed; or\n- (ii) if no names are listed or displayed—the price of the standard food item with the largest font size listed or displayed; and\n- (d) for standard food items displayed with a price tag or label or identifying tag or label in any area, display cabinet or stand—be in the same font, font size and colour as the largest font size on the tags or labels for the standard food items in the area, display cabinet or stand; and\n- (e) be displayed at the same time and for the same period as— (i) if only the name or price of a standard food item is displayed—the name or price is displayed for the item; or (ii) if both the name and price of a standard food item are displayed—the name and price are displayed for the item.\n- (i) if only the name or price of a standard food item is displayed—the name or price is displayed for the item; or\n- (ii) if both the name and price of a standard food item are displayed—the name and price are displayed for the item.\n- (i) if the name of the item is displayed—the name of the item; or\n- (ii) if no name is displayed—the price displayed for the item; and\n- (i) if the name of a standard food item is listed or displayed—the name of the standard food item with the largest font size listed or displayed; or\n- (ii) if no names are listed or displayed—the price of the standard food item with the largest font size listed or displayed; and\n- (i) if only the name or price of a standard food item is displayed—the name or price is displayed for the item; or\n- (ii) if both the name and price of a standard food item are displayed—the name and price are displayed for the item.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prescribed places for displaying nutritional information— Act , ss 164E and 164F","content":"### sec.10 Prescribed places for displaying nutritional information— Act , ss 164E and 164F\n\nFor sections 164E (2) (c) and 164F (2) (b) of the Act , the prescribed places for displaying the average energy content of a standard food item are—\non each menu on which the name or price of the item is displayed and on each price tag or label or identifying tag or label for the item; and\nif a standard food outlet has drive-through facilities—on the drive-through menu board that displays the name or price of the item or on a separate adjacent board visible at or before the point of ordering the item; and\nadjacent to or in close proximity to the name or price of the item so as to be clearly associated with the item.\nThe places where the average energy content of a standard food item is displayed are to be consistent with the places where nutritional information is displayed for all other standard food items displayed with that standard food item.\nFor sections 164E (2) (c) and 164F (2) (b) of the Act , the prescribed places for displaying an average energy intake statement for a standard food item are—\nin at least 1 place on each menu on which the name or price of 1 or more standard food items is displayed and adjacent to or in close proximity to the items so as to be clearly associated with the items; and\nif a standard food outlet has drive-through facilities—in 1 place on the drive-through menu board adjacent to or in close proximity to the item so as to be clearly associated with the item; and\nin each area or display cabinet, or on each stand, where standard food items with price tags or labels or identifying tags or labels are displayed and adjacent to or in close proximity to the items so as to be clearly associated with the items and conspicuous to a person looking at the items.\n(sec.10-ssec.1) For sections 164E (2) (c) and 164F (2) (b) of the Act , the prescribed places for displaying the average energy content of a standard food item are— on each menu on which the name or price of the item is displayed and on each price tag or label or identifying tag or label for the item; and if a standard food outlet has drive-through facilities—on the drive-through menu board that displays the name or price of the item or on a separate adjacent board visible at or before the point of ordering the item; and adjacent to or in close proximity to the name or price of the item so as to be clearly associated with the item.\n(sec.10-ssec.2) The places where the average energy content of a standard food item is displayed are to be consistent with the places where nutritional information is displayed for all other standard food items displayed with that standard food item.\n(sec.10-ssec.3) For sections 164E (2) (c) and 164F (2) (b) of the Act , the prescribed places for displaying an average energy intake statement for a standard food item are— in at least 1 place on each menu on which the name or price of 1 or more standard food items is displayed and adjacent to or in close proximity to the items so as to be clearly associated with the items; and if a standard food outlet has drive-through facilities—in 1 place on the drive-through menu board adjacent to or in close proximity to the item so as to be clearly associated with the item; and in each area or display cabinet, or on each stand, where standard food items with price tags or labels or identifying tags or labels are displayed and adjacent to or in close proximity to the items so as to be clearly associated with the items and conspicuous to a person looking at the items.\n- (a) on each menu on which the name or price of the item is displayed and on each price tag or label or identifying tag or label for the item; and\n- (b) if a standard food outlet has drive-through facilities—on the drive-through menu board that displays the name or price of the item or on a separate adjacent board visible at or before the point of ordering the item; and\n- (c) adjacent to or in close proximity to the name or price of the item so as to be clearly associated with the item.\n- (a) in at least 1 place on each menu on which the name or price of 1 or more standard food items is displayed and adjacent to or in close proximity to the items so as to be clearly associated with the items; and\n- (b) if a standard food outlet has drive-through facilities—in 1 place on the drive-through menu board adjacent to or in close proximity to the item so as to be clearly associated with the item; and\n- (c) in each area or display cabinet, or on each stand, where standard food items with price tags or labels or identifying tags or labels are displayed and adjacent to or in close proximity to the items so as to be clearly associated with the items and conspicuous to a person looking at the items.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Average energy intake statement— Act , s 164E","content":"### sec.11 Average energy intake statement— Act , s 164E\n\nFor section 164E (6) of the Act , definition average energy intake statement , the following statement is prescribed—\n‘The average adult daily energy intake is 8,700kJ’.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Prescribed licensable food business— Act , s 164E","content":"### sec.12 Prescribed licensable food business— Act , s 164E\n\nFor section 164E (6) of the Act , definition prescribed licensable food business , the following licensable food businesses are prescribed—\na licensable food business that sells standard food items at 20 or more places in Queensland or at 50 or more places in Australia;\na licensable food business that operates in a chain of food businesses that sell standard food items if together the businesses sell standard food items at 20 or more places in Queensland or at 50 or more places in Australia.\nHowever, a prescribed licensable food business does not include the following—\na cinema or convenience store;\na service station selling petrol or other fuel for motor vehicles;\na licensable food business that primarily involves off-site catering or on-site catering;\na licensable food business that is carried on from mobile premises that are a vehicle;\na licensable food business that is carried on by a non-profit organisation;\nthe preparation of meals by Meals on Wheels\na food business operated by a school, sporting club or work social club to raise revenue for the school or club\na licensable food business that primarily provides food services to patients of a health service facility;\na licensable food business that only sells food that is intended to be consumed on the premises at which it is sold.\nAlso, a licensable food business is not a prescribed licensable food business in relation to a standard food item for a period of not more than 60 consecutive days during which the item is sold by the food business on a trial basis if—\nnot more than 5 standard food outlets ( trial outlets ) of the licensable food business in Queensland sell the item during all or part of the period; and\nthe item has not been sold at any time before the period by the food business in any of the trial outlets.\nIn this section—\nconvenience store does not include a supermarket.\nhealth service facility means—\na private health facility under the Private Health Facilities Act 1999 , section 8 ; or\na public sector health service facility under the Hospital and Health Boards Act 2011 , schedule 2 .\n(sec.12-ssec.1) For section 164E (6) of the Act , definition prescribed licensable food business , the following licensable food businesses are prescribed— a licensable food business that sells standard food items at 20 or more places in Queensland or at 50 or more places in Australia; a licensable food business that operates in a chain of food businesses that sell standard food items if together the businesses sell standard food items at 20 or more places in Queensland or at 50 or more places in Australia.\n(sec.12-ssec.2) However, a prescribed licensable food business does not include the following— a cinema or convenience store; a service station selling petrol or other fuel for motor vehicles; a licensable food business that primarily involves off-site catering or on-site catering; a licensable food business that is carried on from mobile premises that are a vehicle; a licensable food business that is carried on by a non-profit organisation; the preparation of meals by Meals on Wheels a food business operated by a school, sporting club or work social club to raise revenue for the school or club a licensable food business that primarily provides food services to patients of a health service facility; a licensable food business that only sells food that is intended to be consumed on the premises at which it is sold.\n(sec.12-ssec.3) Also, a licensable food business is not a prescribed licensable food business in relation to a standard food item for a period of not more than 60 consecutive days during which the item is sold by the food business on a trial basis if— not more than 5 standard food outlets ( trial outlets ) of the licensable food business in Queensland sell the item during all or part of the period; and the item has not been sold at any time before the period by the food business in any of the trial outlets.\n(sec.12-ssec.4) In this section— convenience store does not include a supermarket. health service facility means— a private health facility under the Private Health Facilities Act 1999 , section 8 ; or a public sector health service facility under the Hospital and Health Boards Act 2011 , schedule 2 .\n- (a) a licensable food business that sells standard food items at 20 or more places in Queensland or at 50 or more places in Australia;\n- (b) a licensable food business that operates in a chain of food businesses that sell standard food items if together the businesses sell standard food items at 20 or more places in Queensland or at 50 or more places in Australia.\n- (a) a cinema or convenience store;\n- (b) a service station selling petrol or other fuel for motor vehicles;\n- (c) a licensable food business that primarily involves off-site catering or on-site catering;\n- (d) a licensable food business that is carried on from mobile premises that are a vehicle;\n- (e) a licensable food business that is carried on by a non-profit organisation; Examples— • the preparation of meals by Meals on Wheels • a food business operated by a school, sporting club or work social club to raise revenue for the school or club\n- • the preparation of meals by Meals on Wheels\n- • a food business operated by a school, sporting club or work social club to raise revenue for the school or club\n- (f) a licensable food business that primarily provides food services to patients of a health service facility;\n- (g) a licensable food business that only sells food that is intended to be consumed on the premises at which it is sold.\n- • the preparation of meals by Meals on Wheels\n- • a food business operated by a school, sporting club or work social club to raise revenue for the school or club\n- (a) not more than 5 standard food outlets ( trial outlets ) of the licensable food business in Queensland sell the item during all or part of the period; and\n- (b) the item has not been sold at any time before the period by the food business in any of the trial outlets.\n- (a) a private health facility under the Private Health Facilities Act 1999 , section 8 ; or\n- (b) a public sector health service facility under the Hospital and Health Boards Act 2011 , schedule 2 .","sortOrder":15},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Prescribed contaminants— Act , s 269","content":"### sec.13 Prescribed contaminants— Act , s 269\n\nThis section prescribes contaminants that are pathogens or other things that may contaminate food for section 269 of the Act , definition prescribed contaminant .\nEach contaminant mentioned in schedule 2 , part 1 is prescribed if isolated in a prescribed food at any level.\nEach contaminant mentioned in schedule 2 , part 2 is prescribed to the extent the contaminant—\nis isolated in a prescribed food mentioned in the compendium, other than an infant formula product; and\nis assessed to be at a level that is potentially hazardous for the contaminant in accordance with the compendium.\nEach contaminant mentioned in schedule 2 , part 3 is prescribed to the extent the contaminant—\nis isolated in a prescribed food that is an infant formula product; and\nis assessed to be at a level that is more than the acceptable level for the contaminant in accordance with the compendium.\nUnless otherwise prescribed by subsection (2) , (3) or (4) , each contaminant (including a natural toxicant) mentioned in the food standards code, schedule 19 is prescribed to the extent the contaminant—\nis isolated in a prescribed food mentioned in that schedule; and\nis assessed to be at a level that is more than the maximum level of the contaminant for the food in accordance with that schedule and the code, standard 1.4.1–3.\nUnless otherwise prescribed by subsection (2) , (3) or (4) , each contaminant mentioned in the food standards code, schedule 27 is prescribed to the extent the contaminant—\nis isolated in a prescribed food mentioned in that schedule; and\nis assessed to be at a level that is unacceptable for the contaminant of the food in accordance with that schedule and the code, standard 1.6.1–2.\nIn this section—\ncompendium means the document called ‘Compendium of microbiological criteria for food’ published by Food Standards Australia New Zealand.\nFood Standards Australia New Zealand means the authority of that name continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth) , section 12 .\ninfant formula product see the food standards code, standard 1.1.2–3.\nprescribed food means food prescribed under section 270 of the Act .\ns 13 sub 2025 SL No. 121 s 5\n(sec.13-ssec.1) This section prescribes contaminants that are pathogens or other things that may contaminate food for section 269 of the Act , definition prescribed contaminant .\n(sec.13-ssec.2) Each contaminant mentioned in schedule 2 , part 1 is prescribed if isolated in a prescribed food at any level.\n(sec.13-ssec.3) Each contaminant mentioned in schedule 2 , part 2 is prescribed to the extent the contaminant— is isolated in a prescribed food mentioned in the compendium, other than an infant formula product; and is assessed to be at a level that is potentially hazardous for the contaminant in accordance with the compendium.\n(sec.13-ssec.4) Each contaminant mentioned in schedule 2 , part 3 is prescribed to the extent the contaminant— is isolated in a prescribed food that is an infant formula product; and is assessed to be at a level that is more than the acceptable level for the contaminant in accordance with the compendium.\n(sec.13-ssec.5) Unless otherwise prescribed by subsection (2) , (3) or (4) , each contaminant (including a natural toxicant) mentioned in the food standards code, schedule 19 is prescribed to the extent the contaminant— is isolated in a prescribed food mentioned in that schedule; and is assessed to be at a level that is more than the maximum level of the contaminant for the food in accordance with that schedule and the code, standard 1.4.1–3.\n(sec.13-ssec.6) Unless otherwise prescribed by subsection (2) , (3) or (4) , each contaminant mentioned in the food standards code, schedule 27 is prescribed to the extent the contaminant— is isolated in a prescribed food mentioned in that schedule; and is assessed to be at a level that is unacceptable for the contaminant of the food in accordance with that schedule and the code, standard 1.6.1–2.\n(sec.13-ssec.7) In this section— compendium means the document called ‘Compendium of microbiological criteria for food’ published by Food Standards Australia New Zealand. Food Standards Australia New Zealand means the authority of that name continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth) , section 12 . infant formula product see the food standards code, standard 1.1.2–3. prescribed food means food prescribed under section 270 of the Act .\n- (a) is isolated in a prescribed food mentioned in the compendium, other than an infant formula product; and\n- (b) is assessed to be at a level that is potentially hazardous for the contaminant in accordance with the compendium.\n- (a) is isolated in a prescribed food that is an infant formula product; and\n- (b) is assessed to be at a level that is more than the acceptable level for the contaminant in accordance with the compendium.\n- (a) is isolated in a prescribed food mentioned in that schedule; and\n- (b) is assessed to be at a level that is more than the maximum level of the contaminant for the food in accordance with that schedule and the code, standard 1.4.1–3.\n- (a) is isolated in a prescribed food mentioned in that schedule; and\n- (b) is assessed to be at a level that is unacceptable for the contaminant of the food in accordance with that schedule and the code, standard 1.6.1–2.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Prescribed food— Act , s 270","content":"### sec.14 Prescribed food— Act , s 270\n\nThis section prescribes food for section 270 (6) of the Act , definition prescribed food .\nFood, including a sample of food, that is handled or for sale by a person carrying on a food business is prescribed.\nHowever, raw meat, including raw fish, is prescribed only to the extent it is ordinarily consumed in its raw state.\nsteak tartare, sashimi, oysters\ns 14 sub 2025 SL No. 121 s 5\n(sec.14-ssec.1) This section prescribes food for section 270 (6) of the Act , definition prescribed food .\n(sec.14-ssec.2) Food, including a sample of food, that is handled or for sale by a person carrying on a food business is prescribed.\n(sec.14-ssec.3) However, raw meat, including raw fish, is prescribed only to the extent it is ordinarily consumed in its raw state. steak tartare, sashimi, oysters","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Fees","content":"### sec.15 Fees\n\nThe fees payable under the Act are stated in schedule 3 .","sortOrder":19},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Repeal","content":"### sec.16 Repeal\n\nThe Food Regulation 2006 , SL No. 147 is repealed.","sortOrder":21},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Food other than snack food","content":"# Food other than snack food","sortOrder":22},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Snack food","content":"# Snack food","sortOrder":23},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Contaminants at any level","content":"# Contaminants at any level","sortOrder":24},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Contaminants at potentially hazardous levels","content":"# Contaminants at potentially hazardous levels","sortOrder":25},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Contaminants of infant formula products","content":"# Contaminants of infant formula products","sortOrder":26}],"analysis":{"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation was amended in 2025 (SL No. 121) to substitute sections 13 and 14, significantly expanding and restructuring the contaminant framework. The new version introduces a tiered system with three schedules covering different contaminant types, adds specific rules for infant formula products, and incorporates the FSANZ microbiological compendium as an external standard. The definition of 'supermarket' was also updated in 2025. These changes go beyond mere technical updates and represent a substantive broadening of the food contamination regime."},"complexity_factors":["Multiple cross-references to a parent Act (the Food Act) with section numbers that are meaningless without reading the Act itself","Tiered contaminant framework with four different sets of rules depending on the type of contaminant, the type of food, and whether the food is infant formula","Highly granular kilojoule display rules that differ depending on business type (supermarket vs. non-supermarket), display format (menu vs. price tag vs. drive-through), and number of items shown","Complex definition chains — e.g. 'relevant facility' is defined using terms like 'aged-care facility', 'QEC approved service', and 'Education and Care Services National Law', each of which requires looking up further legislation","Multiple external documents incorporated by reference (food standards code schedules, FSANZ Compendium of microbiological criteria)","Interlocking exemptions and carve-outs — e.g. the kilojoule labelling rules have a chain rule, a trial period rule, and a list of excluded business types","Different rules apply depending on the scale of the business (number of outlets in Queensland vs. nationally)","Interaction with multiple other Queensland and Commonwealth Acts (Aged Care Act, Private Health Facilities Act, Transport Operations Act, Education and Care Services Acts)"],"plain_english_summary":"The Food Regulation 2016 fills in technical detail under Queensland’s Food Act, setting practical rules on menu kilojoule labelling, who must hold food licences, required accredited food‑safety programs for higher‑risk providers, display rules for mobile/vending operators, and contaminant thresholds (including strict rules for infant formula). \n\nIt affects food businesses from large chains and supermarkets to aged‑care, schools, food trucks and vending operators — shaping what customers see on menus and how food safety is managed."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.2","severity":"low","reasoning":"The examples appended to the supermarket definition are non-exhaustive and include staple items sold at almost any food retail outlet. While examples in legislation are not definitionally binding, listing them alongside a floor-area threshold creates ambiguity about whether the floor area threshold alone is sufficient or whether the character of goods sold also matters.","confidence":0.55,"description":"The definition of 'supermarket' includes 'other packaged food' as an example of food items sold, but packaged food is a category so broad it would encompass virtually any retail food premises. The threshold of 1,000m² is a workable metric, but the inclusive examples list items like 'fresh fruit and vegetables' and 'fresh milk' which are also sold in convenience stores, petrol stations and corner shops — meaning the definition does little definitional work beyond the floor area threshold, and the examples are potentially misleading as to scope."},{"type":"impossible_compliance","section":"sec.3(1)(b)","severity":"medium","reasoning":"Legislative precision requires that persons subject to a provision can determine with reasonable certainty whether they comply. 'Nominal amount' is inherently subjective and context-dependent. Without a defined ceiling (e.g., a specific dollar figure or a reference to cost price), clubs face genuine uncertainty about their licensing obligations.","confidence":0.75,"description":"The exemption for surf lifesaving club meals requires the meal to be sold 'to a member of the club for a nominal amount.' The term 'nominal amount' is undefined in the regulation and not defined elsewhere in the visible provisions. This creates an impossible compliance situation: operators cannot know with certainty what price crosses from 'nominal' to regulated, risking inadvertent non-compliance."},{"type":"self_contradicting","section":"sec.5(2) — definition of 'relevant facility'","severity":"medium","reasoning":"The exclusion from 'relevant facility' status applies to services for children 'who attend school in the preparatory year or a higher year.' But 'preparatory year' is defined as the year immediately before year 1 — which in common parlance is pre-school or kindergarten. Whether preparatory year is 'school' for this purpose is conceptually contested by the very definition in the same section, creating a self-referential ambiguity.","confidence":0.7,"description":"The definition of 'relevant facility' at sec.5(2) excludes 'an education and care service providing education and care primarily to children who attend school in the preparatory year or a higher year.' However, the definition of 'preparatory year' in the same subsection defines it as 'the year of schooling immediately before year 1.' The combined effect is that children in preparatory year are treated simultaneously as 'school' children (for the exclusion) yet the preparatory year is definitionally the year before formal schooling (year 1). This creates ambiguity about whether preparatory year facilities are 'relevant facilities' subject to food safety program requirements."},{"type":"circular_definition","section":"sec.5(2) — definition of 'ready-for-consumption food business'","severity":"medium","reasoning":"A ready-for-consumption food business cannot readily determine whether it meets the threshold 'at least 6 persons at a time' because that is determined at the receiving facility, not at the processor's premises. The business is regulated based on a fact it does not control and may not know, making compliance verification practically impossible.","confidence":0.65,"description":"A 'ready-for-consumption food business' is defined as a business whose principal activity is processing ready-for-consumption food for service in another facility that is a 'relevant facility', private hospital, or public sector hospital. However, sec.5(1)(c) prescribes such businesses as food businesses requiring an accredited food safety program when they process food for service to 'at least 6 persons at a time.' This creates a definitional loop: the business type is defined by reference to who it supplies (relevant facilities etc.), but the trigger for regulation is a headcount at the point of service — a fact that may be outside the processing business's knowledge or control."},{"type":"other","section":"sec.12(2)(g)","severity":"high","reasoning":"The nutritional labelling regime in Part 4 is ostensibly aimed at enabling informed consumer choices. Exempting businesses that sell food for on-premises consumption removes the regime's application to restaurants and cafes — precisely the venues where consumers most need kilojoule information at point of decision. The exemption effectively guts the consumer information purpose of the Part for dine-in contexts.","confidence":0.8,"description":"Section 12(2)(g) exempts from prescribed licensable food business status 'a licensable food business that only sells food that is intended to be consumed on the premises at which it is sold.' This exemption, read literally, would exclude sit-down restaurants from nutritional information obligations — yet restaurants are paradigmatically the type of outlet where consumers make real-time food choices and where kilojoule labelling has the greatest potential public health impact. This appears to fundamentally undercut the purpose of Part 4."},{"type":"other","section":"sec.14(3)","severity":"low","reasoning":"The provision restricts the 'raw meat, including raw fish' category to items ordinarily eaten raw. Oysters are a commonly cited example of raw consumption but are not meat or fish. Their inclusion as an illustrative example of a 'raw meat, including raw fish' carve-out is a logical category error, even if the drafting intent is clear. This may create interpretive issues about whether other raw shellfish or seafood products are covered.","confidence":0.72,"description":"Section 14(3) provides that raw meat (including raw fish) is prescribed food 'only to the extent it is ordinarily consumed in its raw state,' with examples of steak tartare, sashimi and oysters. However, oysters are not meat and are not fish in the biological sense — they are molluscs. Their inclusion as an example of 'raw meat, including raw fish' is taxonomically and legally incoherent."},{"type":"impossible_compliance","section":"sec.9(1)(b)(ii)","severity":"medium","reasoning":"A business with a stylised, small-font menu design must simultaneously display kilojoule information in the same font/size/colour as the price AND ensure it is clearly legible. Where the reference font is inherently not clearly legible, both conditions cannot be satisfied simultaneously, creating a structural impossibility of compliance.","confidence":0.78,"description":"For a standard food outlet that is not a supermarket, the energy content display must be 'in the same font, font size and colour as the price displayed for the item or, if no price is displayed, as the name displayed for the item.' However, sec.9(1)(c) separately requires the display to be 'clearly legible.' These requirements may conflict: if the price or name is displayed in a very small or stylised font (e.g., decorative script in pale colours), mirroring that font/size/colour may render the kilojoule information not clearly legible — making simultaneous compliance with both sub-requirements impossible in some real-world scenarios."},{"type":"other","section":"sec.9(2)(d)","severity":"low","reasoning":"The drafting requires matching 'font, font size and colour as the largest font size' — an instruction that is internally incoherent. The largest font size is a size metric, not a font face or colour. Compliance requires guessing at legislative intent.","confidence":0.68,"description":"The average energy intake statement must be 'in the same font, font size and colour as the largest font size on the tags or labels for the standard food items in the area, display cabinet or stand.' This is grammatically garbled — 'in the same font, font size and colour as the largest font size' conflates a specification ('largest font size') with descriptors ('font' and 'colour') that have no referent. The provision does not specify which item's font or colour should be matched, only the largest font size."}],"contradictions":[{"severity":"medium","section_a":"sec.5(1)(a)","section_b":"sec.5(1)(b)","confidence":0.7,"description":"Section 5(1)(a) prescribes a relevant facility that 'processes' potentially hazardous food for at least 6 persons, while section 5(1)(b) separately prescribes a relevant facility that 'serves' potentially hazardous food to at least 6 persons. A facility that processes and then serves food to the same persons would appear to be caught by both paragraphs simultaneously, with no clear priority or deduplication rule. More critically, the example given under (b) — 'a residential aged-care facility that serves meals, prepared by an off-site supplier' — would also appear to fall under (a) if any on-site processing (e.g., reheating, portioning) occurs, given that 'process' is broadly defined to include 'heating' and 'thawing.' The boundary between the two categories is therefore porous and potentially triggers double obligations."},{"severity":"medium","section_a":"sec.12(2)(e)","section_b":"sec.12(1)(a)-(b)","confidence":0.75,"description":"Section 12(1) prescribes as a regulated business one that sells standard food items at 20 or more places in Queensland. Section 12(2)(e) exempts businesses 'carried on by a non-profit organisation.' However, a large non-profit food chain (e.g., a charitable food retailer operating 20+ Queensland outlets) would be simultaneously captured by sec.12(1) (by virtue of scale) and exempted by sec.12(2)(e) (by virtue of non-profit status). The regulation provides no guidance on which provision prevails, though the structure of sec.12(2) as a 'however' carve-out implies the exemption overrides. This may produce the absurd result that a large-scale non-profit food chain with significant consumer reach is entirely exempt from kilojoule labelling obligations that a small for-profit chain with 20 outlets must satisfy."},{"severity":"low","section_a":"sec.9(1)(a)(ii)","section_b":"sec.9(1)(b)(ii)","confidence":0.65,"description":"For supermarkets (sec.9(1)(a)(ii)), the energy display must be 'in the same font and colour, and at least the same font size, as the price or unit price.' For non-supermarkets (sec.9(1)(b)(ii)), the display must be 'in the same font, font size and colour as the price.' The supermarket rule allows the kilojoule display to be in a larger font than the price (at least the same size), while the non-supermarket rule requires exactly the same font size. This creates an asymmetry where smaller food businesses face a more rigid formatting constraint than large supermarkets — the opposite of what a consumer-protection rationale would suggest."},{"severity":"medium","section_a":"sec.3(2)","section_b":"sec.3(1)(a)","confidence":0.68,"description":"Section 3(1)(a) prescribes food in schedule 1, part 1 as food whose sale is licensable. Section 3(2) then carves out from that prescription any food in schedule 1, part 1 that is 'in a form that makes it potentially hazardous food.' The examples given — couscous in a salad, cooked pasta — are foods that become potentially hazardous through preparation. However, the regulation does not define 'potentially hazardous food' within its own text, relying on an implied cross-reference to the Act or food standards code. This creates a gap: the carve-out's scope depends entirely on an external and evolving definition not anchored in the regulation itself, potentially leaving the boundary of sec.3(1)(a) uncertain and variable over time."},{"severity":"medium","section_a":"sec.12(2)(g)","section_b":"sec.12(3)","confidence":0.62,"description":"Section 12(2)(g) permanently exempts businesses that 'only sell food intended to be consumed on the premises.' Section 12(3) provides a time-limited trial exemption (up to 60 days) for new food items tested at up to 5 outlets. The trial exemption has detailed conditions and a sunset. If a dine-in only business is already permanently exempt under sec.12(2)(g), the trial exemption under sec.12(3) is entirely redundant for that class of business. More problematically, a hybrid business (dine-in and takeaway) would lose the sec.12(2)(g) exemption entirely by virtue of selling any takeaway food, even if its primary activity is dine-in — potentially triggering full labelling obligations for all its standard food items including dine-in items, an all-or-nothing outcome inconsistent with the proportionate approach suggested by the trial exemption provisions."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from basic food licensing to include detailed kilojoule menu labelling requirements (Part 4) and complex microbiological contamination standards (Part 5). The original 2006 regulation has been amended to incorporate public health nutrition policy (kilojoule disclosure) and sophisticated food safety science (the Compendium and FSANZ standards), moving well beyond simple business licensing into prescriptive consumer information and technical food safety standards."},"complexity_factors":["Heavy cross-referencing to the Food Act 2006, Food Standards Australia New Zealand Act 1991, Aged Care Act 1997, Private Health Facilities Act 1999, Education and Care Services Act 2013, and Transport Operations legislation","Multiple nested definitions (e.g., 'relevant facility' defined by reference to 'aged-care facility' which is itself defined by reference to Commonwealth legislation)","Conditional logic with numerical thresholds (6 persons, 11 occasions, 199 persons, 20 places, 50 places, 60 days, 5 trial outlets)","Extensive exception lists in section 12 (8 categories of exempt businesses plus a trial product exemption with its own conditions)","Dual display requirements that differ based on business type (supermarket vs non-supermarket) and display format (menu vs price tag vs drive-through)","Incorporation of external documents by reference (the 'Compendium of microbiological criteria for food' and the Food Standards Code)","Duplicated text in the source material suggesting structural complexity in the original drafting"],"plain_english_summary":"This regulation sets out detailed rules for food businesses in Queensland under the Food Act 2006. It covers four main areas:\n\n**1. Licensing requirements**\n- Defines which food businesses need a licence, including specific rules for surf lifesaving clubs selling cheap meals to members\n- Sets out what details mobile food vendors (food trucks, vending machines) must display on their vehicles or machines\n\n**2. Food safety programs**\n- Requires aged care facilities, childcare centres, hospitals and meal delivery services (like Meals on Wheels) to have accredited food safety programs if they prepare or serve potentially hazardous food for 6 or more people\n- Exempts small catering operations (11 or fewer events per year, under 200 people each) from needing these programs\n\n**3. Kilojoule labelling (menu labelling)**\n- Forces large chain food outlets (20+ stores in Queensland or 50+ nationwide) to display kilojoule counts on menus and price tags\n- Sets specific rules about font sizes, colours, and where the information must appear\n- Supermarkets over 1,000 square metres can show kilojoules per 100g or per item; other outlets must show per item\n- Exempts cinemas, petrol stations, non-profits, schools, sporting clubs and trial products (new items tested for up to 60 days in 5 or fewer stores)\n\n**4. Food contamination standards**\n- Adopts national food standards and a specific scientific compendium to define when food is contaminated by pathogens or other hazards\n- Sets stricter rules for infant formula products\n\n**Who it affects:** Anyone running a food business in Queensland, from your local fish and chip shop to major fast-food chains, hospitals, nursing homes, and community organisations selling food."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument repeals the Food Regulation 2006 (s.16) and restates detailed prescriptions: which foods and contaminants are ‘‘prescribed’’ (s.13, s.14), which food businesses must have accredited food safety programs or are exempt (s.5, s.6), detailed nutritional labelling and placement obligations (ss.7–11), and thresholds defining large/multi-outlet businesses (s.12). The repeal plus new, specific thresholds and cross-references indicate a change in regulatory scope and operational coverage compared with the prior regulation."},"complexity_factors":["Multiple cross-references to the Act and external instruments (Act ss.48,69,99,164C,164E,164F; Food Standards Code; Transport Operations regulation) — see secs.3,4,5,7-10","Numerous numeric thresholds and exceptions (e.g. 6 persons; 11 occasions; 199 persons; 20/50 outlets; 60-day trial; rounding to nearest 10kJ) that change applicability — secs.5,6,8,12","Detailed display and formatting rules for nutritional information (font, colour, size, placement, timing) requiring operational adjustments — secs.9-10","Prescribed contaminant regimes linked to FSANZ compendium and Food Standards Code with different treatment for infant formula and other foods — sec.13","Layered definitions and category distinctions (supermarket, standard food outlet, ready-for-consumption, relevant facility, delivered meals organisation) that determine compliance obligations — secs.2,5,14","Multiple carved-out exemptions (cinemas, convenience stores, mobile-vehicle vendors, non-profits, health service facilities, Meals on Wheels, trial periods) increasing interpretive burden — sec.12","Administrative and compliance burdens: licence display rules, testing/assessment against compendium/code, and fee schedule coordination with local governments — secs.4,13,15"],"plain_english_summary":"This regulation replaces the earlier food regulation and sets specific, technical rules for food businesses: which foods and businesses must be licensed, how licence details must be displayed for mobile premises, how and where kilojoule and nutrition information must be worked out and shown, and which contaminants and foods are ‘‘prescribed’’. It lists fees and repeals the 2006 regulation (s.16). It mainly affects food operators (supermarkets, aged‑care, childcare, chains, mobile vendors), local licensing authorities and businesses that must test, label or display nutritional/contaminant information."}},"importantCases":[],"_links":{"self":"/api/acts/food-regulation-2016","history":"/api/acts/food-regulation-2016/history","analysis":"/api/acts/food-regulation-2016/analysis","conflicts":"/api/acts/food-regulation-2016/conflicts","importantCases":"/api/acts/food-regulation-2016/important-cases","documents":"/api/acts/food-regulation-2016/documents"}}