Council's Role

Powers of authorised officers under the Food Act 

Council’s Environmental Health Officers have powers delegated under the Food Act to enter retail food premises at any reasonable time to conduct inspections or investigations for the purpose of compliance with the Food Act. Officers will check that good food safety practices are in place, such as temperature control, cleanliness, hand washing, food safety supervisor requirements, waste disposal and pest control.

Penalty infringement notices

Council’s Environmental Health Officers are able to issue fines on food business operators or individual food handlers under the Food Act.

A fine may be issued where, under Council's Enforcement Policy a matter has not been satisfactorily addressed. However in cases where there are more severe breaches of the Food Act (such as cockroach infestation or unclean premises or equipment) Council’s Environmental Health Officer may consider the issuing of a fine in addition to other regulatory action.

Fines issued for food safety and hygiene breaches are currently set by law and can be in excess of $880. A register of penalty notices is available on the NSW Food Authority’s website. The register lists details of food businesses that have been fined for minor breaches of NSW food safety laws.

Food premises licensed by the NSW Food Authority

The NSW Food Authority licenses and inspects manufacturers of dairy, seafood, egg, meat and certain food plant products. The Authority also licenses and audits aged care facilities and hospitals.

Manufacturers that have been classified as ‘low risk’ may not be inspected as frequently as other licensed premises, or only be inspected if there is an incident or complaint.