Federal Register of Legislation - Australian Government

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Standard 3.2.1 Food Standards as amended, taking into account amendments up to Food Standards (Proposal P1061 – Code Revision (2023)) Variation
Administered by: Health and Aged Care
Registered 21 Sep 2023
Start Date 19 Jul 2023

Standard 3.2.1

 

Food Safety Programs

  

 

(Australia only)

Purpose

 

This Standard is based upon the principle that food safety is best ensured through the identification and control of hazards in the production, manufacturing and handling of food as described in the Hazard Analysis and Critical Control Point (HACCP) system, adopted by the joint WHO/FAO Codex Alimentarius Commission, rather than relying on end product standards alone.  This standard enables States and Territories to require food businesses to implement a food safety program based upon the HACCP concepts.  The food safety program is to be implemented and reviewed by the food business, and is subject to periodic audit by a suitably qualified food safety auditor.

 

Contents

 

Division 1 – Interpretation and application

1             Interpretation

2             Application

 

Division 2 – Food safety programs

3             General food safety program requirements

4             Auditing of food safety programs

5             Content of food safety programs

6             Fund raising events

 

Division 1 – Interpretation and application

 

1             Interpretation

 

In this Standard –

 

auditing frequency means the most recently determined frequency of auditing determined by the appropriate enforcement agency, or a food safety auditor, in accordance with the Act.

 

food safety program means a food safety program that satisfies the requirements of clause 5.

 

food safety auditor means a person approved as a food safety auditor under the Act as a person competent to audit the relevant class of food business.

 

monitoring includes checking, observing or supervising in order to maintain control.

 

2             Application of this Standard

 

(1)           This Standard applies to food businesses in Australia in accordance with Standard 3.1.1 and subclause (2).

 

(2)           Unless expressly provided elsewhere in this Code, this Standard applies to all food and primary food production businesses that are determined by the appropriate enforcement agency under the Act to be within a priority classification of food business from the commencement date for that priority classification of food business.

 


 

Division 2 – Food safety programs

 

3             General food safety program requirements

 

A food business must –

 

(a)          systematically examine all of its food handling operations in order to identify the potential hazards that may reasonably be expected to occur;

(b)          if one or more hazards are identified in accordance with paragraph (a), develop and implement a food safety program to control the hazard or hazards;

(c)          set out the food safety program in a written document and retain that document at the food premises;

(d)          comply with the food safety program; and

(e)          conduct a review of the food safety program at least annually to ensure its adequacy.

 

4             Auditing of food safety programs

 

A food business must –

 

(a)          ensure that the food safety program is audited by a food safety auditor at the auditing frequency applicable to the food business;

(b)          make the written document that sets out the food safety program, and the appropriate records referred to in paragraph 5(f), available to any food safety auditor who has been requested to conduct an audit of the food safety program; and

(c)          retain copies of all written reports of the results of all audits of the food safety program conducted by a food safety auditor within the last four years, for inspection upon request by a food safety auditor who audits the food safety program or an authorised officer.

 

5             Content of food safety programs

 

A food safety program must –

 

(a)          systematically identify the potential hazards that may be reasonably expected to occur in all food handling operations of the food business;

(b)          identify where, in a food handling operation, each hazard identified under paragraph (a) can be controlled and the means of control;

(c)          provide for the systematic monitoring of those controls;

(d)          provide for appropriate corrective action when that hazard, or each of those hazards, is found not to be under control;

(e)          provide for the regular review of the program by the food business to ensure its adequacy; and

(f)           provide for appropriate records to be made and kept by the food business demonstrating action taken in relation to, or in compliance with, the food safety program.

 

6             Fund raising events

 

A food business does not have to prepare a food safety program in accordance with this Standard in relation to a fund raising event conducted by the food business.

Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

 

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

 

About this compilation

 

This is compilation No. 4 of Standard 3.2.1 as in force on 19 July 2023 (up to Amendment No. 220). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by the Office of Parliamentary Counsel, Canberra.

 

Uncommenced amendments or provisions ceasing to have effect

 

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislation including or omitting those amendments and provided in the Amendment History once the date is passed.

 

 

The following abbreviations may be used in the table below:

 

ad = added or inserted                                          am = amended

exp = expired or ceased to have effect                  rep = repealed

rs = repealed and substituted

 

Standard 3.2.1 was published in the Commonwealth of Australia Gazette No. P 28 on 7 December 2000 as part of Amendment No. 52, 2000. It was registered as a principal instrument on 24 September 2008 (F2008B00578) and has been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

3.2.1—contents

220

F2023L01004

11 July 2023

FSC160

19 July 2023

19 July 2023

am

Correction to table of contents.

3.2.1—1

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

am

Omit the Editorial note following the definition of food safety auditor in clause 1.

3.2.1—2

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

am

Omit the Editorial note following clause 2.

3.2.1—2(1)

67

F2008B00814

24 Dec 2008

FSC9

31 July 2003

31 July 2003

am

Correction to name of standard.

3.2.1—2(1)

78

F2005L01246

26 May 2005

FSC20

26 May 2005

26 May 2005

rs

Omit and substitute subclause 2(1).

3.2.1—2(2)

78

F2005L01246

26 May 2005

FSC20

26 May 2005

26 May 2006

rs

Omit and substitute subclause 2(2).

3.2.1—4

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

am

Omit the Editorial note following clause 4.

3.2.1—6

124

F2011L01450

8 July 2011

FSC66

11 July 2011

11 July 2011

rs

Omit and substitute clause 6.