Food safety

Under Victorian food laws, you must comply with the Food Standards CodeOpens in new tab.

The Food Standards Code requires that the presence of any product in a food must be declared: when present as an ingredient, an ingredient of a compound ingredient, a food additive or component of a food additive, or a processing aid or component of a processing aid.

You must understand and practise FSANZ Food Standards Code Part 1.2, Application of Labelling and Other Information Requirements. Refer to 1.2.3, Mandatory Warning and Advisory Statements and Declarations for information on allergens.

What can my business do to comply with the Food Standards Code?

• Inform staff of the importance of providing accurate information about the ingredients in food and show them where they can get further information. Regularly check your staff’s knowledge.
• Keep a copy of the ingredient information of any foods that have been removed from their original packaging or labelling. Ensure information is accessible by staff when serving food or when a customer makes an enquiry.
• When naming food for display or menus, include known allergens or include specific ingredients in the description of the food (for example, ‘fish with almond butter’).
• When handling foods that contain known allergens, take extra care not to contaminate other foods or equipment. Set aside a time or work area that is used solely for the preparation of allergen-free foods and use separate utensils for foods that are designated to be allergen-free.
• If food is contaminated with an allergen, inform your staff and customers of this risk.
• Where the food is not required to be labelled with the potential allergens, it should be either identified when displayed or declared to the purchaser upon request.
• Ensure that staff clean and sanitise all equipment and surfaces that come into contact with allergens.
• Include special instructions in your cleaning schedule to prevent cross-contamination during cleaning.
• Also remember to observe storage, preparation and display practices to avoid the risk of allergen contamination.
• If customers request food suitable for special dietary requirements, you must ensure your business provides this or you might be putting your customers’ health at risk.

Labelling for mandatory declarations

The most common foods, ingredients or main part of an ingredient that can cause some people serious harmful reactions must be declared on the label, regardless of how small the amount. This declaration is usually in the ingredient list. This is called a mandatory declaration.

Some foods are generally exempt from some of the labelling requirements. These include:

• food that is not packaged
• food in an inner package that is sold in an outer package, except individual portion packs, which contain substances that must be declared
• food made and packaged from the premises from which it is sold
• food packaged in front of the purchaser
• whole or cut fresh fruit and vegetables, (except sprouting seeds such as alfalfa), where the nature and quality can still be seen through the packaging
• food delivered packaged, and ready to eat, as ordered by the customer
• food sold at a fundraising event.

How hospitals report food allergy incidents

Since 1 November 2018, it is mandatory for public and private hospitals to report all cases of anaphylaxis presenting for treatment to the Department of Health (DH). The procedure is then as follows:

• The City of Melbourne receives anaphylaxis reports from DH.
• All allergen notifications are investigated by the City of Melbourne.
• Prosecution is the likely outcome if a customer has declared their anaphylactic allergy to the business but still suffers a reaction.

You have a responsibility to your customers to be aware of the allergens present in the food you serve. This includes avoiding cross-contamination and providing accurate information about the food's ingredients.

In Victoria, all class 1Opens in new tab and most class 2Opens in new tab food premises need a  food safety programOpens in new tab (FSP).

A food safety program is a written plan that shows what a business does to ensure that the food it sells is safe for people to eat. It is an important tool to help businesses safely handle, process or sell potentially hazardous foods and maintain safe food handling practices to protect public health.

Food safety supervisors

You will need to nominate a food safety supervisorOpens in new tab when you submit your food safety program. This person will be responsible for the implementation of the food safety program.

You must include:

• a copy of their food safety supervisor's qualifications
• a signed statement by the proprietor stating that the nominated food safety supervisor has the ability and the authority to supervise food handlers.

You must notify us in writing at health@melbourne.vic.gov.au within 14 days of any changes to the food safety program or supervisor.