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
Who must comply with this? The applicability test by industry, business structure and size.
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
- 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.
- 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.
- Cwlth + statesFood Act state licensing + food safety supervisorFood businesses must register + appoint Food Safety Supervisor under state Food Acts.
- 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://www.foodstandards.gov.au/food-standards-code. Rules Mate is not a law firm. Always verify against the live regulator source before acting.