New South Wales Food Authority

NSW Food Authority
Logo
Agency overview
Formed	5 April, 2004
Legal personality	Governmental: Government agency
Jurisdictional structure
Operations jurisdiction*	State of New South Wales, Australia
Legal jurisdiction	As per operations jurisdiction.
General nature	Law enforcement Civilian agency
Operational structure
Headquarters	Newington, NSW 33°50′01″S 151°03′18″E / 33.83363°S 151.055022°E / -33.83363; 151.055022
Agency executive	Dr Lisa Szabo, Chief Executive Officer
Units	List * Compliance, Investigation & Enforcement * Corporate Affairs, Stakeholder Engagement & Customer Service * Science, Business Operations & Strategy * Strategic Policy & Partnerships
Website
www.foodauthority.nsw.gov.au facebook/nswfoodauthority twitter//NSWFoodAuth
Footnotes
* Divisional agency: Division of the country, over which the agency has usual operational jurisdiction.

New South Wales Food Authority (NSW Food Authority) is an Australian government statutory authority, responsible for food safety and food labelling regulations in the state as well as consumer food safety promotion. It is part of the executive arm of the Government of New South Wales, within the portfolio of the Minister for Primary Industries, and is part of the NSW Department of Industry, Skills and Regional Development cluster of agencies under the DPI Biosecurity and Food Safety Branch.

The authority was established in April 2004 with the amalgamation of SafeFood Production NSW and the food inspection activities of the Department of Health (being the former Food Branch and the food inspection staff of the Area Health Services). SafeFood Production NSW was itself the product of a series of amalgamations of industry-specific organisations. NSW is the first Australian state to consolidate such a wide range of food safety and food labelling functions into a single, central government agency.

Remit

The authority enforces the Food Act 2003 (NSW) and associated regulations within New South Wales in respect of all food for sale. The act brings the bi-national Food Standards Code maintained by Food Standards Australia New Zealand into force within the state. The authority designs and monitors food safety schemes under the Food Regulation 2015 for higher risk industry sectors in the state, licenses food businesses under those schemes, receives notifications for non-retail food businesses, investigates food hygiene and labelling complaints for businesses it monitors, coordinates recalls of food products by companies in the state, coordinates the state's input to national food standards policy and implementation, and advises the NSW Minister for Primary Industries on food standards.

Completing the end-to-end remit of the agency, the Food Act also gives the authority a legislative responsibility 'to provide advice, information, community education and assistance in relation to matters connected with food safety or other interests of consumers in food'.^[1]

Scope of activities

The authority is Australia’s first completely integrated or 'through-chain' state food regulation agency, responsible for food safety and food labelling across the food industry, from point of harvest or manufacture through processing, transport, storage and wholesale to point-of-sale and, arguably, point of consumption (see Remit, below). Both policy and enforcement activities are evidence-led.

Before the authority was established, responsibility for food regulation in NSW was divided across a number of state agencies, some with scope limited to specific food sectors such as meat, dairy or seafood or to horizontal parts of the food chain such as retail outlets. Various degrees of segmentation remain in other Australian State and territory jurisdictions. Evolution in the food, transport and trade industries was creating greater complexity in market structures, business reach and government regulation. The establishment of the authority was designed to create a more streamlined, consistent and efficient approach to food regulation in NSW and a single point of contact for both the food industry and public.

Some overlap of government agency remits regulating the sale of food remain, however, with NSW Fair Trading empowered to enforce the Fair Trading Act 1987 (NSW) and, at the federal level, the Australian Competition and Consumer Commission enforcing the Trade Practices Act 1974 (Cwlth) and National Measurement Institute, Australia enforcing the Trade Measurement Act 1989 (NSW). Furthermore, local government is also empowered to enforce food standards under the Food Act, mostly at the level of retail food outlets. The authority works with local councils to minimise overlap and duplication at the retail level and enhance consistency of enforcement activities and skills across the state. In July 2008, amendments to the Food Act formalised and mandated the (previously optional) food safety enforcement functions of local government. The amendments enabled the authority to appoint, after consultation, each local council to one of three predefined categories setting out each's food safety enforcement powers and responsibilities.

Scores on Doors program

Example of NSW hygiene score certificate displayed at a retail food outlet

The Scores on Doors program publishes the hygiene and food safety inspection result achieved by NSW retail food premises. The program rates participating food business’ point-in-time compliance with NSW food safety legislation at time of unannounced inspection by government officers with an emphasis on the food handling practices linked to foodborne illness. When displayed prominently consumers can use this score to help them decide where to eat or buy food. The score can also be published on websites. Scores on Doors has equivalent programs in other jurisdictions designed to reward well-performing businesses, drive food safety culture and ultimately reduce foodborne illness. The NSW program is open to retail food businesses which process and sell food in NSW that is: ready-to-eat, potentially hazardous (i.e. requires temperature control), and for immediate consumption. Examples include restaurants,take away shops, pub bistros, hotels,cafes, bakeries and clubs. Scores are either Good (3 stars), Very Good (4 stars) or Excellent (5 stars); premises found with critical lapses in food safety standards or currently listed on the Name and Shame registers of on-the-spot fines or court fines are not awarded any display certificate.

The program was piloted in 2010, expanded to a trial in participating local government areas in 2011, and in late 2013 was enhanced to encourage further take-up. Participation in the NSW program is voluntary and currently expanding across local governments across the State.

Name and shame initiative

In July 2008 the NSW government passed laws amending existing provisions which allowed the authority to publish details of successful food business prosecutions on its website . The new laws added, for the first time in Australia, provisions allowing for publication of details of penalty notices—akin to 'on-the-spot' fines—issued by enforcement staff for alleged breaches of food safety standards. Known colloquially as 'naming and shaming' food outlets, the initiative was a response to growing public demand for access to food business performance information, freedom of information advocates and the media.

References

↑ Food Act 2003 (NSW) s 108(2)(f)

External links

Government of New South Wales

Executive	The Queen Governor Lieutenant Governor Executive Council Premier Deputy Premier Attorney General Cabinet Entities Police Local Government

Legislative	Parliament Legislative Assembly Legislative Council Electoral districts MPs MLCs Speaker of the Legislative Assembly President of the Legislative Council Opposition Leader Shadow Cabinet

Judicial	Chief Justice Solicitor General Supreme Court District Court Local Court Other courts and tribunals

Elections	2003 2007 2011 2015 2019 By-elections Electoral Commission

Political parties	Coalition (Liberal, National) Labor Greens Christian Democratic Shooters, Fishers and Farmers Animal Justice Other parties

Departments and agencies of the New South Wales Government

New South Wales Government

Premier and Cabinet	Parliamentary Counsel's Office Independent Pricing and Regulatory Tribunal Ombudsman's Office Public Service Commission Office of the Governor NSW Electoral Commission Ombudsman Venues NSW Sydney Cricket Ground Trust Sydney Olympic Park Authority Office of Sport NSW Institute of Sport Destination NSW Infrastructure NSW Natural Resources Commission Barangaroo Delivery Authority Audit Office Auditor-General Independent Commission Against Corruption Office of Western Sydney International Engagement

Justice	Arts NSW Art Gallery Trust Australian Museum Trust Crown Solicitor's Office Corrective Services Director of Public Prosecutions Fire and Rescue NSW Independent Liquor and Gaming Authority Industrial Relations Commission Information and Privacy Commission Judicial Commission Juvenile Justice Legal Aid Commission Legal Profession Admission Board Liquor & Gaming NSW, formerly Office of Liquor, Gaming and Racing Library Council of New South Wales Museum of Applied Arts and Sciences Ministry of Police and Emergency Services Crime Commission Office of the Rural Fire Service Office of the State Emergency Service NSW Police Force NSW Trustee and Guardian Police Integrity Commission Public Guardian Registry of Births Deaths and Marriages Screen NSW Sydney Opera House Trust Veterans' Affairs

Education	Aboriginal Affairs NSW Aboriginal Land Council Board of Studies, Teaching and Educational Standards Charles Sturt University Council Macquarie University Council Southern Cross University Council University of New England Council University of New South Wales Council University of Newcastle Council University of Technology, Sydney Council University of Western Sydney Board of Trustees University of Wollongong Council

Family and Community Services	Ageing, Disability and Home Care Community Services Children's Guardian Advocate for Children and Young People Home Care Service of New South Wales Aboriginal Housing Office New South Wales Land and Housing Corporation Housing NSW Multicultural NSW

Finance and Services	Service NSW Office of State Revenue Valuer General NSW Self Insurance Corporation Motor Vehicle Repair Industry Authority Government Property NSW Teacher Housing Authority of New South Wales Parliamentary Contributory Superannuation Fund Building Insurers' Guarantee Corporation State Records Authority New South Wales Government Telecommunications Authority Motor Accidents Authority WorkCover Authority Board of Surveying and Spatial Information Building Professionals Board NSW Architects Registration Board Rental Bond Board Sydney Harbour Foreshore Authority Luna Park Reserve Trust Internal Audit Bureau NSW Fair Trading Waste Assets Management Corporation Geographic Names Board NSW Public Works (including the Government Architect)

Health	Health Care Complaints Commission Sydney Children's Hospitals Network Agency for Clinical Innovation Bureau of Health Information Clinical Excellence Commission Health Education and Training Institute Justice Health and Forensic Mental Health Network Mental Health Commission Ambulance Service of NSW Aboriginal and Torres Strait Islander Health Practice Council of New South Wales Local Health Districts x 15 Statutory Health Corporations x 10 Health Administration Corporation Cancer Institute of New South Wales Office for Women’s Policy

Industry, Skills and Regional Development	Department of Primary Industries Crown Lands Division NSW Food Authority TAFE Commission Soil Conservation Service Local Land Services Cobar Water Board Dams Safety Committee Veterinary Practitioners Board NSW Rural Assistance Authority Essential Energy Ausgrid TransGrid Endeavour Energy Delta Electricity Hunter Water Corporation Sydney Water Corporation Forestry Corporation of NSW Game Council Water NSW Sydney Catchment Authority Office of Small Business Chief Scientist and Engineer

Planning and Environment	Centennial Park and Moore Park Trust Environment Protection Authority Historic Houses Trust Jenolan Caves Reserve Trust Landcom Lord Howe Island Board Office of Environment and Heritage Office of Local Government Parramatta Park Trust Royal Botanic Gardens and Domain Trust Sydney Living Museums Taronga Conservation Society Australia UrbanGrowth NSW Western Sydney Parklands Trust

Transport	Independent Transport Safety Regulator NSW Trains Office of Transport Safety Investigations Port Authority of New South Wales RailCorp Roads & Maritime Services State Transit Authority Sydney Ferries Sydney Trains Transport for NSW WestConnex Delivery Authority

Treasury	Liability Management Ministerial Corporation Long Service Corporation NSW Treasury Corporation (TCorp) Office of Industrial Relations Residual Business Management Corporation SAS Trustee Corporation State Rail Authority Residual Holding Corporation

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