Appoint a certified Food Safety Supervisor (FSS)
Food businesses serving ready-to-eat food must have a trained FSS reasonably available.
Who must comply
Food service businesses serving ready-to-eat food, particularly cafés, restaurants, hotels, caterers, takeaway.
What triggers it
Operating a Category 1 food premises.
When due
From premises commencement; FSS available during service.
Evidence required
FSS certificate, Food Safety Management Tool records.
Max penalty
State-specific infringement notices and prosecution
Summary
Standard 3.2.2A of the Food Standards Code (and state implementing legislation) requires Category 1 food service businesses to appoint a Food Safety Supervisor with nationally recognised FSS qualifications and a Food Safety Management Tool. Implementation varies by state — Vic, NSW, QLD have full regimes.
Enforced by
Source legislation
Industries
Topics
Related obligations
- CWLTHComply with Plain English Allergen Labelling (PEAL)From 25 February 2026, allergen labelling must use plain English and a standardised format.
- CWLTHImplement Food Safety Management Tool (Standard 3.2.2A)Category 1 food businesses must use a Food Safety Management Tool to verify critical controls.
- CWLTHFood Act state licensing + food safety supervisorFood businesses must register + appoint Food Safety Supervisor under state Food Acts.
- CWLTHImplement Food Safety Program where prescribed (Standard 3.2.1)High-risk food businesses must implement a documented Food Safety Program audited by a recognised food safety auditor.
- ACTRegister for ACT portable long service leave (hospitality / beauty)ACT extends portable LSL to cafés, restaurants, accommodation, hair and beauty from 1 January 2027 (deferred from 1 July 2026).
Frequently asked questions
- Who must comply with a certified Food Safety Supervisor (FSS)?
- Food service businesses serving ready-to-eat food, particularly cafés, restaurants, hotels, caterers, takeaway.
- What triggers a certified Food Safety Supervisor (FSS)?
- Operating a Category 1 food premises.
- When is a certified Food Safety Supervisor (FSS) due?
- From premises commencement; FSS available during service.
- What is the maximum penalty for a certified Food Safety Supervisor (FSS)?
- State-specific infringement notices and prosecution
- What evidence is required for a certified Food Safety Supervisor (FSS)?
- FSS certificate, Food Safety Management Tool records.
Source: https://foodstandards.gov.au/business/safetystandards/Pages/Standard-3-2-2A.aspx. Rules Mate is not a law firm. Always verify against the live regulator source before acting.