Food Regulation 2002 (ACT)

This subordinate instrument prescribes specific operational details, exemptions, and administrative mechanics to give effect to the Food Act 2001 (ACT). It does not restate the Act’s policy goals; it sets out the technical and procedural rules that businesses, regulators and authorised officers must follow. Key mechanical effects in the regulation are:

It identifies specified exclusions from the definitions and obligations in the Act: limited reticulated water systems (s 4), certain paid arrangements with volunteers (s 4A) and particular primary food production activities (s 5). These carve-outs narrow the Act’s reach for specified circumstances.
It lists categories of food businesses that are exempt from registration (s 6(1)(a)-(e)), and it defines what counts as non-potentially hazardous food for that purpose (s 6(2)). These rules create threshold tests for when registration is not required.
It designates the administrative unit responsible for the Public Health Act 1997, s 7 (Chief health officer), as the “appropriate enforcement agency” for the food standards code (s 8). That ties enforcement responsibility for food standards to the public health administrative unit.
It empowers the chief health officer to authorise public health officers as food safety auditors (s 9(1)), defines their functions (s 10), requires auditors to provide audit reports to businesses (s 11) and allows the chief health officer to determine audit frequency (s 12(1)-(3)). A determination of frequency is a notifiable instrument (s 12(3)).
It requires registered food businesses that must keep a food safety program to give a copy to the chief health officer and to keep a copy at each premises available to employees (s 13(2)(a)-(b)).
It prescribes detailed content, method and placement requirements for the display of nutritional information for “standard food outlets” and “standard food items”: definitions (s 13A), what must be displayed (s 14-15), how to calculate energy (s 15A), where the information must be placed in non-supermarket outlets (s 16) and supermarkets (s 16A), and precise legibility, font-size and labelling rules (s 17-18).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Food Regulation 2002 SL2002-10 made under the Food Act 2001 Republication No 15 Effective: 23 June 2021 Republication date: 23 June 2021 Last amendment made by A2021-12

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Food Regulation 2002, made under the Food Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Food Regulation 2002 made under the Food Act 2001 Contents Page Part 1 Preliminary 1 Name of regulation 2 2 Dictionary 2 3 Notes 2 3A Offences against regulation—application of Criminal Code etc 3 Part 2 General 4 Excluded reticulated water systems—Act, s 7 (3), def of relevant reticulated water system, par (c) 4 4A Circumstances of payment to volunteers—Act, s 7A (4), def volunteer, par (b) 4 5 Excluded primary food production activities—Act, s 11 (2) (c) 4

Contents Page contents 2 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Food businesses exempt from registration—Act, s 90 5 8 Food standards code—meaning of appropriate enforcement agency 6 Part 3 Food safety programs 9 Food safety auditors 7 10 Functions of food safety auditors 7 11 Reporting requirements 7 12 Audit frequency 7 13 Food safety program to be given to chief health officer and made available to employees 8 Part 4 Display of nutritional information for food 13A Definitions—pt 4 9 14 Prescribed nutritional information for standard food outlets—Act, s 110 (3) (a) 10 15 Prescribed nutritional information for other standard food outlets—Act, s 111 (2) 10 15A Prescribed requirements for working out nutritional information—Act, s 110 (3) (b) and s 111 (2) (a) 11 16 Prescribed places for display of nutritional information for standard food outlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) 11 16A Prescribed places for display of nutritional information for standard food outlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) 12 17 Way of displaying nutritional information for standard food outlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) 13 18 Way of displaying nutritional information for standard food outlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) 14 Part 5 Food safety supervisors 19 Food safety supervisor must hold valid statement of attainment for food safety training courses—Act, s 152 (2) (d) 15 20 Notice of commencement of food safety supervisor—Act, s 152 (2) (d) 16 21 Notice of change to contact details of food safety supervisor—Act, s 152 (2) (d) 16

Contents Page R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary 17 Endnotes 1 About the endnotes 18 2 Abbreviation key 18 3 Legislation history 19 4 Amendment history 21 5 Earlier republications 24

R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Food Regulation 2002 made under the Food Act 2001

Part 1 Preliminary Section 1 page 2 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Food Regulation 2002. 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 3A R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3A Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 General Section 4 page 4 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 General 4 Excluded reticulated water systems—Act, s 7 (3), def of relevant reticulated water system, par (c) A place to which a reticulated water system provides less than 365ML of water a year is prescribed. Examples systems that provide water to Tharwa township and the forestry settlements at Uriarra and Pierce’s Creek 4A Circumstances of payment to volunteers—Act, s 7A (4), def volunteer, par (b) The following circumstances are prescribed: (a) a person is paid to manage the work of unpaid volunteers carrying out work for a community organisation; (b) a person is paid an amount in relation to work done for a community organisation and the payment is not assessable income under the Income Tax Assessment Act 1997 (Cwlth), section 6-15 (What is not assessable income). 5 Excluded primary food production activities—Act, s 11 (2) (c) The following primary food production activities are prescribed: (a) dairy farming and milk processing; (b) producing hen eggs commercially; (c) producing wine; (d) commercial slaughtering of livestock for human consumption.

General Part 2 Section 6 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Food businesses exempt from registration—Act, s 90 (1) The following food businesses are prescribed: (a) a food business that handles or sells food if— (i) all the food is either— (A) non-potentially hazardous and not contained in a closed package; or (B) sold, straight after thorough cooking, for immediate consumption; and (ii) the food business handles or sells food during no more than 5 periods a year, and each period when it sells food is no longer than 3 days; (b) the food business handles or sells food in or from a food transport vehicle that is registered under a State law that corresponds to the Act; (c) a food business that transports food but does not otherwise handle or sell food; (d) a food business that sells only food that is— (i) contained in a closed package intended for sale; and (ii) non-potentially hazardous; (e) a food business that only sells, through a vending machine, food that is non-potentially hazardous. (2) In this section: non-potentially hazardous—food is non-potentially hazardous if it does not need to be kept at certain temperatures to— (a) minimise the growth of any pathogenic micro-organisms that may be present in the food; or (b) prevent the formation of toxins in the food.

Part 2 General Section 8 page 6 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Food standards code—meaning of appropriate enforcement agency The administrative unit responsible for the Public Health Act 1997, section 7 (Chief health officer) is the appropriate enforcement agency for the food standards code.

Food safety programs Part 3 Section 9 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Food safety programs 9 Food safety auditors (1) The chief health officer may, in writing, authorise a public health officer to be a food safety auditor. (2) In this section: public health officer means a public health officer under the Public Health Act 1997, section 12. 10 Functions of food safety auditors A food safety auditor has the following functions: (a) to carry out audits of food safety programs when required under section 12; (b) if an audit identifies deficiencies in a food safety program—to carry out any necessary follow-up action (including additional audits) to check the deficiencies are remedied; (c) to report to the chief health officer the results of investigations or audits carried out under this part. 11 Reporting requirements A food safety auditor who carries out a food safety program audit of a registered food business must give a copy of the audit report to the food business. 12 Audit frequency (1) The chief health officer may determine how often a food safety program audit for a registered food business must be carried out. Note Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).

Part 3 Food safety programs Section 13 page 8 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In determining the audit frequency for a registered food business, the chief health officer— (a) must consider the interest of public health and safety; and (b) may consider the business’ compliance with food safety programs. (3) A determination under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 13 Food safety program to be given to chief health officer and made available to employees (1) This section applies to a registered food business that is required to have a food safety program. Note For requirements about food safety programs, see the food standards code, standard 3.2.1. (2) The proprietor of the registered food business must— (a) give a copy of the food safety program (including any changes made to it) to the chief health officer; and (b) keep a copy of the program (including any changes made to it) at each of the business’ premises for inspection by any employee of the business.

Display of nutritional information for food Part 4 Section 13A R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Display of nutritional information for food 13A Definitions—pt 4 In this part: nutrition information panel means a nutrition information panel that complies with the food standards code. supermarket means a large shop selling food and other household items where the selection of goods is organised on a self-serve basis and the goods on offer include all of the following: (a) bread; (b) breakfast cereal; (c) butter; (d) eggs; (e) flour; (f) fresh fruit and vegetables; (g) fresh milk; (h) meat; (i) rice; (j) sugar; (k) other packaged food.

Part 4 Display of nutritional information for food Section 14 page 10 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Prescribed nutritional information for standard food outlets—Act, s 110 (3) (a) (1) The following nutritional information is prescribed for a standard food item for sale at a standard food outlet other than a supermarket: (a) the average energy content of the food item, expressed in kilojoules for the whole of the food item; (b) the following statement: ‘The average adult daily energy intake is 8,700kJ’. (2) The following nutritional information is prescribed for a standard food item for sale at a standard food outlet that is a supermarket: (a) either— (i) the average energy content of the food item expressed in kilojoules per 100g; or (ii) the average energy content of the food item expressed in kilojoules for the whole of the food item; or (iii) if the food item is packaged or prepared on the supermarket premises—a nutrition information panel; and (b) the following statement: ‘The average adult daily energy intake is 8,700kJ’. 15 Prescribed nutritional information for other standard food outlets—Act, s 111 (2) (1) The average energy content of the food item, expressed in kilojoules, is prescribed for each standard food item for sale by a standard food outlet (other than a standard food outlet to which the Act, section 110 applies). (2) The average energy content of a food item is to be worked out in accordance with the method mentioned in section 15A.

Display of nutritional information for food Part 4 Section 15A R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15A Prescribed requirements for working out nutritional information—Act, s 110 (3) (b) and s 111 (2) (a) (1) The average energy content of a standard food item must be worked out in accordance with the food standards code, standard 1.2.8 making any necessary adjustment to ensure that the calculation is done in relation to the whole of the food item, rather than per 100g. (2) The number of kilojoules worked out may be rounded to the nearest 10kJ. 16 Prescribed places for display of nutritional information for standard food outlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) (1) This section applies to a standard food outlet other than a supermarket. (2) The places where the nutritional information mentioned in section 14 (1) (a) and section 15 (1) must be displayed in relation to a standard food item are— (a) on each menu on which the name or price of the standard food item is displayed and on each price tag or label or identifying tag or label for the item; and (b) if there are drive-through facilities—on the drive-through menu board that displays the name or price of the standard food item or on a separate adjacent board visible at or before the point of ordering; and (c) adjacent to or in close proximity to the name or price of the standard food item so as to be clearly associated with the item. (3) The places mentioned in subsection (1) where nutritional information is displayed in relation to a standard food item are to be consistent with the places where that nutritional information is displayed for all of the other standard food items that are displayed with that standard food item.

Part 4 Display of nutritional information for food Section 16A page 12 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The places where the statement mentioned in section 14 (1) (b) must be displayed are— (a) in 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 standard food item or items so as to be clearly associated with the item or items; and (b) if there are drive-through facilities—in 1 place on the drive-through menu board adjacent to or in close proximity to the standard food item or items so as to be clearly associated with the item or items; and (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 item or items so as to be clearly associated with the item or items and conspicuous to a person looking at the item or items. 16A Prescribed places for display of nutritional information for standard food outlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) (1) This section applies to a standard food outlet that is a supermarket. (2) The places where the nutritional information mentioned in section 14 (2) (a) and section 15 (1) must be displayed in relation to a standard food item are— (a) a place mentioned in section 16 (2); or (b) if the nutritional information is in a nutrition information panel—on the container or wrapping enclosing the standard food item so that the nutrition information panel is— (i) conspicuous to a person looking at the item; and (ii) able to be seen by the person before the point of purchase without assistance from a person working at the standard food outlet.

Display of nutritional information for food Part 4 Section 17 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The places mentioned in subsection (2) (a) where nutritional information is displayed in relation to a standard food item are to be consistent with the places where that nutritional information is displayed for all of the other standard food items that are displayed with that standard food item. (4) The statement mentioned in section 14 (2) (b) must be displayed at a place mentioned in section 16 (4). 17 Way of displaying nutritional information for standard food outlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) (1) This section applies to a standard food outlet other than a supermarket. (2) The nutritional information mentioned in section 14 (1) (a) and section 15 (1) must— (a) be clearly legible; and (b) display the number of kilojoules in numerals and use the abbreviation “kJ”; and (c) be in the same font, and at least the same font size, as the price displayed for the standard food item concerned or, if no price is displayed, as the name displayed for the item. (3) The statement mentioned in section 14 (1) (b) must— (a) be clearly legible; and (b) if only 1 standard food item is displayed on a menu—be in the same font, and at least the same font size, as the name of the item displayed or, if no name is displayed, as the price displayed for the item; and

Part 4 Display of nutritional information for food Section 18 page 14 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if 2 or more standard food items are listed or displayed on a menu—be in the same font, and at least the same font size, as the name of the standard food item with the largest font size listed or displayed or, if no names are listed or displayed, as the price of the standard food item with the largest font size listed or displayed; and (d) for a standard food item or items displayed with a price tag or label or identifying tag or label in any area, display cabinet or stand—in at least the same font size as the largest font size on the tags or labels for the standard food item or items in the area, display cabinet or stand. 18 Way of displaying nutritional information for standard food outlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) (1) This section applies to a standard food outlet that is a supermarket. (2) The nutritional information mentioned in section 14 (2) (a) and section 15 (1) must— (a) be clearly legible; and (b) display the number of kilojoules in numerals and use the abbreviation ‘kJ’; and (c) be in the same font, and at least the same font size, as the largest shelf ticket price for the standard food item. (3) The statement mentioned in section 14 (2) (b) must— (a) be clearly legible; and (b) be in the same font, and at least the same font size, as the largest shelf ticket price for the standard food item.

Food safety supervisors Part 5 Section 19 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Food safety supervisors 19 Food safety supervisor must hold valid statement of attainment for food safety training courses—Act, s 152 (2) (d) (1) This section applies to a registered food business that is required to have a food safety supervisor. Note The Act, s 117, sets out when a registered food business must have a food safety supervisor. (2) The proprietor of the business commits an offence if the food safety supervisor— (a) does not hold a statement of attainment for an approved food safety training course; or (b) holds a statement of attainment for an approved food safety training course, but the statement is more than 5 years old. Maximum penalty: 20 penalty units. Note The chief health officer must make guidelines for the approval of a food safety training course—see the Act, s 119. (3) An offence against this section is a strict liability offence. (4) The proprietor of a registered food business must keep a copy of the food safety supervisor’s current statement of attainment at the food business premises.

Part 5 Food safety supervisors Section 20 page 16 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Notice of commencement of food safety supervisor—Act, s 152 (2) (d) (1) This section applies to a registered food business that is required to have a food safety supervisor. Note The Act, s 117, sets out when a registered food business must have a food safety supervisor. (2) The proprietor of the registered food business must, within 7 days after the day a food safety supervisor commences at the business, give written notice of the commencement to the chief health officer. Note A fee may be determined under the Act, s 150 for giving notice under this section. 21 Notice of change to contact details of food safety supervisor—Act, s 152 (2) (d) (1) This section applies to a registered food business that is required to have a food safety supervisor. Note The Act, s 117, sets out when a registered food business must have a food safety supervisor. (2) The proprietor of the registered food business must give written notice to the chief health officer of any change to the contact details of the food safety supervisor for the business. (3) The notice must be given within 7 days after the day the proprietor becomes aware that the contact details have changed. Note A fee may be determined under the Act, s 150 for giving notice under this section.

Dictionary R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • Act • chief health officer. Note 3 Terms used in this regulation have the same meaning that they have in the Food Act 2001 (see Legislation Act, s 148). For example, the following terms are defined in the Food Act 2001, dict: • approved food safety training course • food business • food safety standard • food safety supervisor • food safety training course • food standards code • menu • ready-to-eat food • registered • standard food item (see s 108) • standard food outlet (see s 109) • statement of attainment. food safety auditor means a person authorised to be a food safety auditor under section 9. nutrition information panel, for part 4 (Display of nutritional information for food)—see section 13A. supermarket, for part 4 (Display of nutritional information for food)—see section 13A.

Endnotes 1 About the endnotes page 18 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Food Regulations 2002. It was renamed under the Legislation Act 2001. Food Regulation 2002 SL2002-10 notified LR 7 May 2002 s 1, s 2 commenced 7 May 2002 (LA s 75 (1)) remainder commenced 8 May 2002 (s 2) as amended by Food Amendment Regulations 2002 SL2002-14 notified LR 11 June 2002 commenced 11 June 2002 (s 2) Food Amendment Regulations 2003 (No 1) SL2003-19 notified LR 1 July 2003 s 1, s 2 commenced 1 July 2003 (LA s 75 (1)) remainder commenced 2 July 2003 (s 2) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.24 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.24 commenced 12 November 2005 (s 2 (2) and LA s 79) Food (Safety Programs) Amendment Regulation 2007 (No 1) SL2007-14 notified LR 31 May 2007 s 1, s 2 commenced 31 May 2007 (LA s 75 (1)) remainder commenced 1 June 2007 (s 2) Food (Nutritional Information) Amendment Act 2011 A2011-32 pt 3 notified LR 5 September 2011 s 1, s 2 commenced 5 September 2011 (LA s 75 (1)) pt 3 commenced 1 January 2013 (s 2) Food (Nutritional Information) Amendment Regulation 2012 (No 1) SL2012-36 notified LR 20 August 2012 s 1, s 2 commenced 20 August 2012 (LA s 75 (1)) remainder commenced 1 January 2013 (s 2 and see A2011-32 s 2)

Endnotes 3 Legislation history page 20 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Food Amendment Regulation 2013 (No 1) SL2013-8 notified LR 4 April 2013 s 1, s 2 commenced 4 April 2013 (LA s 75 (1)) s 3 commenced 5 April 2013 (LA s 75AA) s 4 commenced 5 April 2013 (s 2 (1)) remainder commenced 1 September 2013 (s 2 (2) and see Food Amendment Act 2012 A2012-4, s 2 (4)) Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.10 notified LR 11 November 2013 s 1, s 2 commenced 11 November 2013 (LA s 75 (1)) sch 3 pt 3.10 commenced 25 November 2013 (s 2) Food Amendment Act 2014 A2014-57 pt 3 notified LR 4 December 2014 s 1, s 2 commenced 4 December 2014 (LA s 75 (1)) pt 3 commenced 20 April 2015 (s 2 and CN2014-17) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.28 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.28 commenced 1 September 2016 (s 2) Statute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.7 notified LR 27 September 2017 s 1, s 2 commenced 27 September 2017 (LA s 75 (1)) sch 3 pt 3.7 commenced 11 October 2017 (s 2) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.20 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.20 commenced 23 June 2021 (s 2 (1))

Endnotes Amendment history 4 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of regulation s 1 am R5 LA Dictionary s 2 om LA s 89 (4) ins SL2007-14 s 4 Notes s 2A renum as s 3 Notes s 3 orig s 3 renum as s 4 (prev s 2A) ins SL2007-14 s 4 renum as s 3 SL2007-14 s 5 Offences against regulation—application of Criminal Code etc s 3A ins A2017-28 amdt 3.18 Excluded reticulated water systems—Act, s 7 (3), def of relevant reticulated water system, par (c) s 4 orig s 4 renum as s 5 (prev s 3) renum as s 4 SL2007-14 s 5 Circumstances of payment to volunteers—Act, s 7A (4), def volunteer, par (b) s 4A hdg sub A2017-28 amdt 3.19 s 4A ins A2014-57 s 32 Excluded primary food production activities—Act, s 11 (2) (c) s 5 orig s 5 renum as s 6 (prev s 4) am SL2003-19 s 4 renum as s 5 SL2007-14 s 5 Food businesses exempt from registration—Act, s 90 s 6 hdg sub A2017-28 amdt 3.20 s 6 orig s 6 renum as s 7 (prev s 5) am SL2003-19 s 5 renum as s 6 SL2007-14 s 5 Food standards code—incorporation s 7 orig s 7 renum as s 8 (prev s 6) renum as s 7 SL2007-14 s 5 am SL2013-8 s 4 om A2013-44 amdt 3.94 Food standards code—meaning of appropriate enforcement agency s 8 orig s 8 om A2005-20 amdt 3.160 (prev s 7) renum as s 8 SL2007-14 s 5 am A2016-52 amdt 1.87

Endnotes 4 Amendment history page 22 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Food safety programs pt 3 hdg om A2005-20 amdt 3.160 ins SL2007-14 s 6 Food safety auditors s 9 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Functions of food safety auditors s 10 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Reporting requirements s 11 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Audit frequency s 12 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Food safety program to be given to chief health officer and made available to employees s 13 om A2005-20 amdt 3.160 ins SL2007-14 s 6 Display of nutritional information for food pt 4 hdg ins SL2002-14 s 4 exp 10 March 2003 (s 17) ins A2012-32 s 7 Definitions—pt 4 s 13A ins SL2012-36 s 4 def nutrition information panel ins SL2012-36 s 4 def supermarket ins SL2012-36 s 4 Prescribed nutritional information for standard food outlets—Act, s 110 (3) (a) s 14 om A2005-20 amdt 3.160 ins A2012-32 s 7 sub SL2012-36 s 5 Prescribed nutritional information for other standard food outlets—Act, s 111 (2) s 15 om A2005-20 amdt 3.160 ins A2012-32 s 7 am SL2012-36 s 6 Prescribed requirements for working out nutritional information—Act, s 110 (3) (b) and s 111 (2) (a) s 15A ins SL2012-36 s 7

Endnotes Amendment history 4 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Prescribed places for display of nutritional information for standard food outlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) s 16 hdg sub SL2012-36 s 8 s 16 ins SL2002-14 s 4 exp 10 March 2003 (s 17) ins A2012-32 s 7 am SL2012-36 ss 9-11; ss renum R8 LA Prescribed places for display of nutritional information for standard food outlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) s 16A ins SL2012-36 s 12 Way of displaying nutritional information for standard food outlets other than supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) s 17 hdg sub SL2012-36 s 13 s 17 ins SL2002-14 s 4 exp 10 March 2003 (s 17) ins A2012-32 s 7 am SL2012-36 s 14, s 15; ss renum R8 LA Way of displaying nutritional information for standard food outlets that are supermarkets—Act, s 110 (3) (c) and s 111 (2) (b) s 18 ins SL2012-36 s 16 Food safety supervisors pt 5 hdg ins SL2013-8 s 5 Food safety supervisor must hold valid statement of attainment for food safety training courses—Act, s 152 (2) (d) s 19 hdg sub A2017-28 amdt 3.21 s 19 ins SL2013-8 s 5 Notice of commencement of food safety supervisor—Act, s 152 (2) (d) s 20 hdg sub A2017-28 amdt 3.22 s 20 ins SL2013-8 s 5 am A2021-12 amdt 3.43 Notice of change to contact details of food safety supervisor—Act, s 152 (2) (d) s 21 hdg sub A2017-28 amdt 3.23 s 21 ins SL2013-8 s 5 am A2021-12 amdt 3.43 Infringement notice offences and penalties sch 1 om A2005-20 amdt 3.161 Modification of Act, part 12 sch 2 ins SL2002-14 s 5 exp 10 March 2003 (s 17)

Endnotes 5 Earlier republications page 24 Food Regulation 2002 Effective: 23/06/21 R15 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict ins SL2007-14 s 7 am A2011-32 s 8; SL2013-8 s 6 def food safety auditor ins SL2007-14 s 7 def nutrition information panel ins SL2012-36 s 17 def supermarket ins SL2012-36 s 17 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 8 May 2002 8 May 2002– 10 Jun 2002 not amended new regulation R2 12 Jun 2002 11 Jun 2002– 10 Mar 2003 SL2002-14 amendments by SL2002-14 R3 11 Mar 2003 11 Mar 2003– 1 Jul 2003 SL2002-14 commenced expiry R4 2 Jul 2003 2 Jul 2003– 2 Nov 204 SL2003-19 amendments by SL2003-19 R5 3 Nov 2004 3 Nov 2004– 11 Nov 2005 SL2003-19 includes editorial amendments under Legislation Ac R6 12 Nov 2005 12 Nov 2005– 31 May 2007 A2005-20 amendments by A2005-20 R7 1 Jun 2007 1 Jun 2007– 31 Dec 2012 SL2007-14 amendments by SL2007-14 R8 1 Jan 2013 1 Jan 2013– 4 Apr 2013 SL2012-36 amendments by A2011-32 and SL2012-36 R9 5 Apr 2013 5 Apr 2013– 31 Aug 2013 SL2013-8 amendments by SL2013-8

Endnotes Earlier republications 5 R15 23/06/21 Food Regulation 2002 Effective: 23/06/21 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R10 1 Sep 2013 1 Sep 2013– 24 Nov 2013 SL2013-8 amendments by SL2013-8 R11 25 Nov 2013 25 Nov 2013– 19 Apr 2015 A2013-44 amendments by A2013-44 R12 20 Apr 2015 20 Apr 2015– 31 Aug 2016 A2014-57 amendments by A2014-57 R13 1 Sep 2016 1 Sep 2016– 10 Oct 2017 A2016-52 amendments by A2016-52 R14 11 Oct 2017 11 Oct 2017– 22 Jun 2021 A2017-28 amendments by A2017-28 © Australian Capital Territory 2021

The Regulation operates by translating higher‑level obligations in the Food Act 2001 and the food standards code into concrete, administrable requirements. The main operational concepts are:

Exclusions and exemptions: Sections 4, 4A, 5 and 6 create defined exclusions from the Act’s scope and prescribe classes of food businesses that are exempt from registration (s 6(1)). These are rule‑based gateways that change legal status (registered or not) depending on objective characteristics: quantity of reticulated water supplied (s 4), whether a payment to a volunteer is assessable income (s 4A), the type of primary production undertaken (s 5), and the nature, packaging and frequency of food sales (s 6(1)).
Delegated enforcement and authorisation: The chief health officer is given explicit operational control: authorising public health officers as food safety auditors (s 9(1)), setting audit frequency (s 12(1)) and receiving food safety programs (s 13(2)(a)). The regulation specifies the administrative unit for enforcement of the food standards code (s 8), aligning enforcement responsibility within the public health administrative structure.
Auditing mechanics: Food safety auditors have defined functions (s 10(a)-(c)): to carry out audits required under the Regulation, to follow up identified deficiencies and to report to the chief health officer. Auditors must give audit reports to audited businesses (s 11). Audit frequency is not fixed by the Regulation but left to the chief health officer, subject to a requirement to consider public health (s 12(2)(a)) and, optionally, past compliance (s 12(2)(b)). The determination is a notifiable instrument (s 12(3)).
Food safety programs and accessibility: Registered businesses requiring a food safety program must provide a copy to the chief health officer and make it available at each premises for inspection by employees (s 13(2)(a)-(b)). The food standards code (standard 3.2.1) is referenced as the standard for content (s 13(2) note).
Nutritional information regime: Part 4 introduces a prescriptive disclosure regime for “standard food outlets” and “standard food items.” It defines a supermarket (s 13A), sets the required information (s 14-15), specifies the calculation method and rounding (s 15A), and prescribes precise placement and formatting (s 16-18). The regime differentiates supermarkets from other outlets; supermarkets may display kilojoules per 100g, kilojoules per whole item or a nutrition information panel (s 14(2)(a)).
Food safety supervisors: Part 5 requires that where a business must have a food safety supervisor (see Food Act s 117), that supervisor hold an approved statement of attainment no older than five years (s 19(2)). Proprietors must lodge commencement notices and contact detail changes within seven days (s 20(2); s 21(2)-(3)). The Regulation makes these offences strict liability in the case of s 19 breaches (s 19(3)).
Administrative interplay: The Regulation repeatedly cross‑references the Food Act 2001, the food standards code and the Public Health Act 1997. Its dictionary explicitly aligns its terms with the Food Act 2001 meanings (Dictionary note 3), so interpretation requires reading both instruments together.

These concepts together form a mix of gatekeeping (exemptions), enforcement delegation (authorisations, audit powers), disclosure and record‑keeping obligations (food safety programs, nutrition displays, statements of attainment), and administrative process (notifiable instruments, 7‑day notice windows).

The regulation creates legal consequences for several groups. For each group, the instrument specifies who pays, who decides and what behaviour changes.

Registered food businesses that must have a food safety program: They must give a copy of the food safety program to the chief health officer and keep copies at each premises for employee inspection (s 13(2)(a)-(b)). These businesses will be subject to audits under Part 3; audit frequency is set by the chief health officer (s 12). The owner or proprietor bears the cost of preparing and maintaining the program and making it available to employees, and of responding to audits and follow‑up audits where deficiencies are found (s 10(b)). They also must ensure a food safety supervisor if the Act requires one, maintain a current statement of attainment and keep a copy at premises (s 19(2), s 19(4)), and give notices of commencement and contact changes within seven days (s 20(2); s 21(2)-(3)). Where a proprietor fails to have a valid statement, the proprietor commits an offence (s 19(2)); the proprietor therefore bears legal risk and potential fines.
Food businesses seeking to avoid registration: The regulation prescribes narrow exemptions that change whether registration is required (s 6(1)). For example, vendors who only handle and sell non‑potentially hazardous food in closed packages, or who operate a food stall no more than five times a year for up to three days each, are exempt (s 6(1)(a), (d)). Businesses that transport food but do not handle or sell it are exempt (s 6(1)(c)), and vending machine operators selling non‑potentially hazardous foods are exempt (s 6(1)(e)). Operators must determine whether their product and business model meet the defined tests, and that assessment determines compliance costs.
Supermarkets and other standard food outlets: The labelling and display regime (Part 4) targets “standard food outlets” and distinguishes supermarkets by definition (s 13A) and by the permitted forms of nutritional information (s 14). Supermarkets face obligations to display energy information either per 100g, per whole item or via a nutrition information panel; they must ensure shelf tickets and packaging meet legibility, font and proximity rules (s 16A, s 18). Non‑supermarket standard food outlets must display kilojoules for whole items and the “The average adult daily energy intake is 8,700kJ” statement in specified places and font standards (s 14(1), s 16, s 17).
Chief health officer and public health officers: The chief health officer decides who is authorised as a food safety auditor (s 9(1)) and determines audit frequency (s 12(1)). Public health officers authorised under s 9 perform audits, follow‑up and reporting (s 10). The chief health officer receives food safety programs from businesses (s 13(2)(a)), receives notices about food safety supervisors (s 20(2)), and enforces compliance via the administrative unit identified for the food standards code (s 8).
Food safety auditors: Once authorised, auditors must perform audits, follow up deficiencies and report to the chief health officer (s 10), and must give audited businesses a copy of the audit report (s 11). The regulation provides their statutory functions and reporting lines.
Volunteers and community organisations: Section 4A prescribes circumstances under which payment to volunteers is treated in a particular way for the Act’s definition of volunteer. It specifies two circumstances where a person is paid to manage volunteer work or receives a payment that is not assessable income (s 4A(a)-(b)). This affects whether those persons are volunteers for the Act’s purposes and therefore whether related obligations apply.
Entities involved in primary food production: Section 5 prescribes that certain primary production activities are excluded (dairy farming and milk processing; commercial hen egg production; producing wine; commercial slaughtering of livestock for human consumption). Operators of those activities need to assess whether the exclusion applies.

Costs are concentrated on proprietors of registered food businesses (administrative costs of programs, audits, record‑keeping and notices) and on supermarkets and standard food outlets required to change labelling, menus and shelf tickets to meet font and placement rules (s 14-18). Decision rights are concentrated with the chief health officer (authorisation of auditors, audit frequency, receipt and likely assessment of programs). Employees gain a right of access to the food safety program at each premises (s 13(2)(b)). The Regulation therefore shifts operational and compliance burdens onto businesses and centralises monitoring and some regulatory discretion in the office of the chief health officer.

The Regulation creates a set of affirmative duties and limited rights, described with the relevant sections:

Duties on proprietors of registered food businesses

Provide the food safety program to the chief health officer and keep copies at each premises for employee inspection (s 13(2)(a)-(b)). This is a continuing record‑keeping and disclosure obligation that interfaces with the food standards code (standard 3.2.1), which sets program content (s 13(2) note).
Ensure the food safety supervisor holds an approved statement of attainment of an approved food safety training course and that the statement is not more than five years old (s 19(2)(a)-(b)). Keep a copy of the current statement at the premises (s 19(4)).
Lodge written notice to the chief health officer within seven days of the commencement of a food safety supervisor (s 20(2)) and give written notice of any change to the supervisor’s contact details within seven days of becoming aware of the change (s 21(2)-(3)). Notes to s 20 and s 21 indicate a fee may be set under the Act, s 150.
Comply with audit processes: allow audits when scheduled, remedy identified deficiencies and cooperate with follow‑up audits performed by authorised food safety auditors (s 10(b); s 11).

Duties on standard food outlets and supermarkets (display regime)

Display prescribed nutritional information for standard food items. For non‑supermarket standard food outlets the information required is average energy content for the whole food item in kilojoules and the statement “The average adult daily energy intake is 8,700kJ” (s 14(1)(a)-(b)). For supermarkets, the outlet may show kilojoules per 100g, per whole item or provide a nutrition information panel; the standard statement is also required (s 14(2)(a)-(b)).
Calculate kilojoules in accordance with the food standards code standard 1.2.8 with necessary adjustment to whole item basis and round to nearest 10kJ (s 15A(1)-(2)).
Place and format the information according to prescriptive location and legibility rules: menus, labels, drive‑through menu boards, display cabinets and shelf tickets (s 16-18). Font and size must meet specified parity requirements with prices or item names (s 17(2)(c), s 17(3)(b)-(d); s 18(2)-(3)).

Rights and administrative mechanisms

Registered food businesses have a right to receive a copy of any audit report prepared by a food safety auditor (s 11). That right operates as a transparency measure about audit outcomes.
The chief health officer has discretion to set audit frequency, but must consider public health and safety in doing so (s 12(2)(a)); may consider business compliance history (s 12(2)(b)); and the determination is a notifiable instrument (s 12(3)). That creates a procedural constraint and public notice mechanism for audit scheduling.
Food safety auditors have statutory functions to report to the chief health officer (s 10(c)). That channels audit results to the regulator.

Offences and liability

The proprietor commits an offence where the food safety supervisor lacks a valid statement or the statement is older than five years, with a maximum penalty of 20 penalty units (s 19(2); preface lists value per penalty unit at republication). Section 19(3) declares the offence is strict liability.
Other offences against the Regulation are subject to the Criminal Code’s general principles (s 3A). The application of the Criminal Code indicates standard rules about fault elements, defences and burdens of proof apply, except where the regulation explicitly declares strict liability.

Record and notification duties create compliance workflows and enforcement triggers. The rights to receive audit reports and the requirement to publish notifiable instruments give some transparency to regulated actors about audit timing and outcomes (s 11; s 12(3)). The regulation ties technical calculation methods to the food standards code rather than re‑specifying them, creating a delegated compliance link to the code (s 15A(1)).

The Regulation sets out specific compliance obligations and connects them to enforcement frameworks and penalty mechanics.

Penalty regime and legal framework

The republication preface states the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see republication preface and Legislation Act 2001, s 133 as the source). This establishes the monetary unit for fines expressed in penalty units in the Regulation.
Section 19(2) specifies the maximum penalty for the offence of allowing a food safety supervisor to lack a valid statement of attainment, which is 20 penalty units. Applying the stated penalty unit values (republication preface), the maximum monetary penalty can be computed for individuals and corporations, as published at the republication date.
Section 3A places the Criminal Code (ACT) ch 2 provisions in play for offences under the Regulation. The Criminal Code sets out general elements of criminal responsibility, defences and terms such as intent, recklessness and strict liability, so enforcement for offences not otherwise declared strict liability will follow standard Code principles.

Specific enforcement provisions and delegated functions

The chief health officer is the central enforcement decision maker in several respects: authorising auditors (s 9(1)), receiving programs (s 13(2)(a)), determining audit frequency (s 12(1)) and being the recipient of auditor reports (s 10(c)). The administrative unit responsible for the Public Health Act 1997, s 7 (Chief health officer) is defined as the appropriate enforcement agency for the food standards code (s 8). Enforcement actions under the food standards code will therefore be administered by that unit.
Food safety auditors have a statutory role to audit, follow up deficiencies and report results to the chief health officer (s 10). Auditors must provide audit reports to the audited business (s 11), creating an enforcement record and a basis for regulatory follow-up by the chief health officer. The chief health officer may require further action where deficiencies are identified (s 10(b)).

Procedural and notifiable mechanisms

Determinations of audit frequency by the chief health officer are notifiable instruments (s 12(3)). That means audit frequency rules will be publicly notified under the Legislation Act process, not hidden internal policy. This provides procedural transparency about the schedule or categories for audits.
Notices relating to food safety supervisors,commencement notices (s 20(2)) and change of contact details (s 21(2),(3)),create administrative triggers for regulator awareness. Notes indicate a fee may be determined under the Act, s 150 for giving these notices. Those fees would be set under the primary Act rather than in the Regulation.

Nature of offences and evidential consequences

Section 19(3) declares the offence about the supervisor’s statement is strict liability. For regulated entities, strict liability reduces the need for the prosecution to prove fault; the proprietor faces an onus of compliance rather than a requirement for the regulator to establish mens rea. Other offences not explicitly declared strict liability will be governed by Criminal Code fault thresholds per s 3A.

Enforcement costs and concentration

Enforcement discretion is concentrated in the office of the chief health officer, which decides who is an authorised auditor and sets audit frequency; the chief health officer is also the recipient of programs and notices. The regulation therefore centralises monitoring, enforcement initiation and audit scheduling in that office. Businesses bear compliance costs and may face fines where obligations are breached.

In short, enforcement combines statutory auditing with administrative notification and record‑keeping obligations, backed by monetary penalties measured in penalty units and the Criminal Code’s general rules. The regulation prescribes at least one strict liability offence (s 19(3)) and delegates significant operational authority to the chief health officer and authorised auditors.

This Regulation is explicitly drafted as a subordinate instrument to the Food Act 2001; it cross‑references and depends upon several other instruments and statutory regimes. The primary interactions are:

Food Act 2001: The Regulation is made under the Food Act 2001 and operationalises many of its sections. Throughout the Regulation, obligations are framed as prescribed for purposes of specific Act provisions: e.g. s 4 refers to the Act, s 7(3) definition of “relevant reticulated water system”; s 6 is described as prescribing food businesses exempt from registration under Act s 90; s 14 references Act s 110; s 15 references Act s 111; s 19 references Act s 152 and Act s 117 for when a supervisor is required; s 20 and s 21 likewise reference Act s 152. The Regulation’s dictionary states that terms used here have the same meaning as in the Food Act 2001 (Dictionary note 3). As a result, reading the Regulation requires concurrent reference to the Food Act for thresholds, definitions and certain duties.
Food standards code: The Regulation defers to the food standards code for technical calculation and content matters. Section 15A(1) prescribes that average energy content be worked out in accordance with food standards code standard 1.2.8, adjusted to whole of item. Section 13(2) notes that requirements about food safety programs come from the food standards code standard 3.2.1. The Regulation therefore links compliance tests to Commonwealth or model code standards rather than restating them.
Public Health Act 1997: Section 8 designates the administrative unit responsible for the Public Health Act 1997, s 7 (Chief health officer) as the appropriate enforcement agency for the food standards code. Section 9 uses the Public Health Act 1997, s 12 public health officer definition to allow the chief health officer to authorise public health officers as food safety auditors. Enforcement and authorisation are therefore anchored in the Public Health Act administrative structure.
Criminal Code (ACT) and Legislation Act 2001: Section 3A brings Criminal Code, ch 2 into play for offences under this Regulation, so general criminal principles (fault, defences and burdens of proof) apply unless the Regulation says otherwise. The Legislation Act governs notifiable instruments, penalty unit values and authorised republication editorial processes; the Regulation’s preface states penalty unit values per the Legislation Act, s 133 and identifies notifiable instruments (s 12(3)).
Income Tax Assessment Act 1997 (Cth): Section 4A(b) references the Income Tax Assessment Act 1997, s 6‑15 to define circumstances in which a payment to a volunteer is prescribed as not assessable income. This is an intersection where a federal tax code provision is used as a determinative test in the Regulation’s administrative definition.
State law registrations for food transport vehicles: Section 6(1)(b) exempts food businesses handling or selling food from a food transport vehicle registered under a State law that corresponds to the Act. This creates an interaction with corresponding State registration schemes and recognises cross‑jurisdictional vehicle registration regimes.

Operational effect of these interactions

Delegation and reliance on external standards means compliance depends on understanding those external instruments. For example, compliance with nutritional display obligations requires application of the food standards code standard 1.2.8 (s 15A(1)) and format rules in the Regulation (s 17-18).
The chief health officer’s powers under this Regulation are exercised within the administrative context of the Public Health Act 1997, which establishes the public health officer framework referenced by the Regulation (s 9).
Some definitional tests rely on non‑regulatory characterisations from other Acts (e.g. income tax characterisation in s 4A(b)), which may create dependency on assessments made under a federal tax regime.

In sum, the Regulation is tightly integrated with the Food Act 2001, the food standards code, the Public Health Act 1997, the Criminal Code and the Legislation Act. Compliance therefore requires businesses and auditors to read multiple instruments together, and enforcement and authorisation operate through existing public health administrative structures.

The Regulation’s endnotes provide a chronological record of insertions, omissions, renumberings and substantive changes. The document as republished on 23 June 2021 includes amendments to 23 June 2021; key legislative events recorded in the endnotes are:

Original enactment and early amendments: The Food Regulation 2002 (SL2002‑10) was notified 7 May 2002 and commenced 8 May 2002. Early amendments followed quickly (SL2002‑14; SL2003‑19), capturing initial changes in 2002-2003. The republished material tracks renumbering and editorial changes resulting from the Legislation Act and other statutory housekeeping.
Food safety programs and auditors: The Food (Safety Programs) Amendment Regulation 2007 (No 1) (SL2007‑14) inserted Part 3 (Food safety programs) (s 9-13). That set out the framework for authorising food safety auditors and audit procedures, and remains the basis for Part 3 in the republished law (see amendment history entries noting insertion SL2007‑14 s 6).
Nutritional information and display regime: The Food (Nutritional Information) Amendment Act 2011 (A2011‑32) and subordinate instruments introduced Part 4. The amendments and associated subordinate instruments (SL2012‑36 and related items) inserted definitions (s 13A), prescribed nutritional information (s 14-15), methods for calculation (s 15A), display places and format rules (s 16-18). The amendment history records those insertions: s 13A, s 14-18 were ins/om/am via A2012‑32 and SL2012‑36, with commencement dates staggered (pt 3 of A2011‑32 commenced 1 January 2013; SL2012‑36 remainder commenced 1 January 2013).
Food safety supervisors: Part 5 (s 19-21) was inserted by SL2013‑8 and subsequently amended (including A2021‑12 amdt 3.43, which amended s 20 and s 21). The insertion of Part 5 and later amendments set out the supervisor statement of attainment requirement and the 7‑day notice duties.
Statute Law and public sector amendments: Various Statute Law Amendment Acts (A2005‑20; A2013‑44; A2014‑57; A2016‑52; A2017‑28; A2021‑12) made editorial and substantive changes, including renumbering, omission or insertion of sections, and updates to administrative references (see endnotes 3 and 4). For example, A2017‑28 inserted s 3A (application of the Criminal Code) and made heading changes; A2021‑12 (sch 3 pt 3.20) commenced 23 June 2021 and made further amendments listed in the history.

The endnotes give dates of notification and commencement for each amending instrument, showing that the most consequential structural additions occurred in 2007 (food safety programs), 2012-2013 (nutritional information and display rules), and 2013 (food safety supervisors), with further statutory updates in subsequent years. The amendment history tracks renumberings and cross‑references to ensure consistency with current legislative drafting standards and related Acts.

Readers should consult the endnotes for precise timings of commencement where amendments were staggered. The Regulation’s own endnotes note that editorial amendments made under the Legislation Act 2001, part 11.3 are included in the republication and given effect as if made by an Act commencing on the republication date (see About this republication).

The republished Regulation and its endnotes do not record any litigation, judicial decisions or reported cases interpreting the provisions. The instrument itself does not name cases, nor does it include any schedule of judicial rulings. Section 3A identifies that the Criminal Code, ch 2 applies to offences against the Regulation, which connects offences to general criminal law principles, but the Regulation does not reference or summarise any judicial determinations.

Therefore, based solely on the republished text and its endnotes, there is no litigation history annotated or embedded within the instrument. Practitioners seeking judicial interpretation or precedent must search case law databases and court records outside this republished regulation. The Regulation’s framework, for example the strict liability offence in s 19(3), will be subject to ordinary principles of statutory interpretation and Criminal Code doctrine in the courts, but no judicial decisions are cited in the instrument itself.

This Regulation contains several detailed, prescriptive items that can create compliance traps if not read closely. These “gotchas” are concrete mechanics embedded in the text:

Exemption frequency and duration limits (s 6(1)(a)): A mobile or temporary food business may be exempt from registration only if it handles or sells food during no more than five periods a year and each period is no longer than three days. Missing this frequency or duration threshold removes the exemption and triggers registration obligations. The exemption also requires that food be either non‑potentially hazardous and not in a closed package, or sold straight after thorough cooking for immediate consumption (s 6(1)(a)(i)-(ii)). The definition of non‑potentially hazardous in s 6(2) hinges on temperature needs to limit pathogenic growth or toxin formation.
Narrowness of “supermarket” definition (s 13A): The regulation defines “supermarket” by a list of goods that must be included among the goods on offer (bread; breakfast cereal; butter; eggs; etc.). A retailer that is large and self‑serve but does not carry the full list may not qualify as a “supermarket” under the Regulation, which changes what labelling options are available (s 14(2) vs s 14(1)).
Choice of kilojoule reporting formats for supermarkets (s 14(2)(a)): Supermarkets may display kJ per 100g, kJ per whole item, or a nutrition information panel (if packaged or prepared on premises). Each option has different operational implications: per 100g requires accurate portion or pack net weight; per whole item requires whole‑item calculations; a nutrition information panel requires compliance with the food standards code panel format (s 13A definition and s 15A(1) reference).
Calculation adjusted to whole item and rounding rule (s 15A): Kilojoules must be calculated using the food standards code standard 1.2.8 but adjusted to a whole‑item basis rather than per 100g, and the number may be rounded to the nearest 10kJ (s 15A(1)-(2)). Businesses must ensure they use the nationally specified calculation method but adjust outputs to whole item and apply rounding; mixing methods may produce non‑compliant labelling.
Strict parity font and size rules (s 17(2)(c), s 17(3)(b)-(d), s 18(2)-(3)): Nutritional information must use the same font and at least the same font size as the price or name in various contexts. For example, where several items are listed and the largest font size is used for one item, the kilojoule statement must match that largest font size (s 17(3)(c)). These prescriptive formatting rules can create operational complexity for menus and shelf tickets and may require redesigns to maintain compliant parity with price displays.
Drive‑through placement rules (s 16(2)(b) and s 16(4)(b)): Where drive‑through facilities exist, the nutritional information must appear on the drive‑through menu board that displays the item or on a separate adjacent board visible at or before the point of ordering (s 16(2)(b)). If the statement (the “8,700kJ” statement) is required, it must be in one place on the drive‑through menu board adjacent to the standard food item(s) (s 16(4)(b)). Drive‑through operators must ensure visibility and proximity before ordering.
Notification timing for food safety supervisors (s 20(2); s 21(3)): Proprietors must give written notice within seven days after a supervisor commences or within seven days of becoming aware of contact details changing. Missing the seven‑day window creates an administrative non‑compliance risk and potential fee implications (notes to s 20 and s 21 refer to fee possibility under Act s 150).
Strict liability offence for supervisor statements (s 19(3)): The s 19 offence is strict liability. A proprietor cannot rely on a defence of honest mistake about the supervisor’s statement of attainment; liability attaches to the failure to maintain a valid statement. The maximum penalty is 20 penalty units (s 19(2) note).
Audit frequency determination is not set in the regulation (s 12): The chief health officer may determine audit frequency and the determination is a notifiable instrument (s 12(1)-(3)). Businesses must therefore check notifiable instruments for applicable audit schedules rather than expect a regulationally fixed schedule.
Reliance on external standards and definitions (s 15A(1); s 13(2) note; s 4A(b)): Key calculation methods and content standards are in the food standards code or other Acts (Income Tax Assessment Act), so compliance requires consulting and applying those external instruments. Failure to apply the food standards code method correctly (e.g. forgetting the whole item adjustment) will create non‑compliance.
Record‑keeping at each premises (s 13(2)(b); s 19(4)): Businesses required to have a food safety program must keep a copy of the program at each premises, and proprietors must keep a copy of the supervisor’s current statement of attainment at the premises. For multi‑site businesses that increases administrative duplication and audit surface.

These mechanical details are precise and pairing them with the right definitions (from the Food Act and the food standards code) is essential to avoid inadvertent breaches. Operationally, small formatting or timing oversights can trigger offences or enforcement attention.

This section sets out a practical compliance checklist, mapped to the Regulation’s provisions, for proprietors, managers and compliance officers. Each line references the controlling section so an operator can check source text.

Establish whether your business requires registration
- Review the exemption criteria in s 6(1)(a)-(e). If your business:
  - sells only non‑potentially hazardous food in closed packages (s 6(1)(d)), or
  - operates only during no more than five periods per year and each period no longer than three days, and sells only (i) non‑potentially hazardous and not contained in a closed package, or (ii) food sold straight after thorough cooking for immediate consumption (s 6(1)(a)(i)-(ii)), then registration may not be required. Confirm “non‑potentially hazardous” using s 6(2) definitions.
- If transporting food only (no handling or selling), s 6(1)(c) exempts you.
- If exempt status is uncertain, consider registering or seek clarification from the chief health officer.
Food safety program obligations (if registered and required)
- If the food standards code, standard 3.2.1 requires you to have a food safety program, prepare it in accordance with the code.
- Give a copy of the program (and any changes) to the chief health officer promptly (s 13(2)(a)).
- Keep a copy of the program at each premises for inspection by any employee (s 13(2)(b)).
- Be prepared for audits: authorised food safety auditors will conduct audits as required (s 10(a)), and you must remediate deficiencies and cooperate with follow‑up audits (s 10(b)). A copy of the audit report must be given to you (s 11).
Audit readiness and monitoring
- Check the chief health officer’s notifiable instrument setting audit frequency for your category (s 12(1)-(3)). Ensure you can evidence past compliance as the CHO may consider it (s 12(2)(b)).
- Maintain documentation and records that support your food safety program and operations for auditor inspection.
Food safety supervisor requirements
- If the Food Act requires a food safety supervisor at your business (see Food Act s 117 and notes), ensure the nominated supervisor holds a statement of attainment for an approved food safety training course and that this statement is not older than five years (s 19(2)(a)-(b)).
- Keep a copy of the current statement of attainment at the premises (s 19(4)).
- Within seven days after a supervisor starts, give written notice to the chief health officer (s 20(2)).
- Within seven days of becoming aware of a change to the supervisor’s contact details, give written notice to the chief health officer (s 21(2)-(3)).
- Note that failing to have a valid statement is a strict liability offence (s 19(3)) with a 20 penalty unit maximum (s 19(2) note).
Nutritional information requirements for standard food outlets
- Determine whether you are a standard food outlet and whether you are a “supermarket” as defined in s 13A.
- For non‑supermarket standard food outlets, display the average energy content for whole items in kilojoules and the statement “The average adult daily energy intake is 8,700kJ” in required places (s 14(1); s 16; s 17).
- For supermarkets, choose one of the allowed formats: kJ per 100g, kJ per whole item, or a nutrition information panel where the item is packaged or prepared on premises (s 14(2)(a)). Also display the standard statement (s 14(2)(b)).
- Calculate average energy content using the food standards code standard 1.2.8, adjusted to whole item basis (s 15A(1)), and round to nearest 10kJ (s 15A(2)).
- Ensure placements follow s 16 and s 16A: menus, price tags/labels, drive‑through menu boards, display cabinets and shelf tickets. Nutrition panels on packaging must be conspicuous and visible before the point of purchase (s 16A(2)(b)(i)-(ii)).
- Comply with formatting and legibility requirements: numerals with “kJ”, same font and at least same font size as price or name per s 17 and s 18.
Record retention and employee access
- Keep the food safety program at each premises and make it accessible to employees (s 13(2)(b)).
- Keep the supervisor’s statement at the premises (s 19(4)).
Notifications and fees
- Lodge the 7‑day commencement and contact change notices required by s 20 and s 21. Check whether a fee applies under the Act, s 150 (notes to s 20 and s 21).
- Monitor notifiable instruments from the chief health officer concerning audit frequency (s 12(3)).
Administrative coordination with the regulator
- Maintain a point of contact with the administrative unit responsible for the Chief health officer (the appropriate enforcement agency for the food standards code under s 8).
- Cooperate with authorised public health officers who become food safety auditors under s 9(1).
Understand penalties and legal exposure
- Recognise that s 19 offences are strict liability (s 19(3)) and that penalty unit values apply (republication preface). For full penalty calculations, use the penalty unit values stated in the republication and any later updates under the Legislation Act.
- For any other offences, the Criminal Code ch 2 applies per s 3A; seek legal advice if charged.
Documentation and training

Ensure supervisors complete approved training courses and obtain statements of attainment. Track expiry dates to renew within five years.
Maintain version control of food safety programs and record changes provided to the chief health officer.

Practical checklist for first 90 days

Day 0-7: If appointing a new food safety supervisor, lodge s 20 notice; ensure a current statement of attainment is kept at premises.
Day 0-30: Audit menu and shelf ticket formats; implement kilojoule calculations per s 15A and revise menus/labels to meet s 16-18 formatting.
Ongoing: Keep food safety program copies at each premises and file a copy with the chief health officer; maintain training and renewal schedule for supervisors; monitor CHO notifiable instruments on audits.

If in doubt about classification (standard food outlet, supermarket, non‑potentially hazardous), seek a formal ruling from the chief health officer or legal advice, because several obligations and exemptions hinge on precise definitions set in the Regulation and the Food Act 2001.

Food Regulation 2002

Plain English Summary

Deep Dive

What it does

Current sections

Food Regulation 2002

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply