Food and drinks safety standards
There are safety standards placed on the sale of food and drinks so that consumers can be confident they are safe to eat and drink.
Food and beverages
Bacteria can spread in food and make us extremely ill, so it’s important we handle, prepare and store our food appropriately to prevent this from happening.
In Australia, food and drink manufacturers must ensure their products adhere to the national Australia New Zealand Food Standards Code (Food Standards Code). The NSW Food Authority enforces the Food Standards Code in NSW.
If a food or drink product is found to be unsafe or dangerous to the community, it will be recalled by Food Standards Australia New Zealand. View current recalls on their website.
Here is some information on the requirements in place to keep your food safe.
Labelling
All food labels must be legible, prominent, in English (a translation sticker is fine) and contain the following information:
- name and/or description of the food
- list of ingredients
- date mark
- nutrition information panel (NIP)
- country of origin of the food
- warning and advisory statements (like allergen notices)
- the ‘lot/batch’ number of the foods
- the name and Australian/New Zealand street address of the supplier of food (for food recall).
There are additional requirements for some food.
Food and drink labels are also subject to Australian Consumer Law, which prohibits false or misleading claims and representations. See Advertising for more on this.
Food allergen labelling requirements
Requirements for labelling the most common allergens in food commenced on 25 February 2021.
The changes to the Food Standards Code will help people find allergen information on food labels more quickly and easily. This will help people make informed and safe food choices.
‘Use by’ and ‘best before’ dates
The Food Standards Code includes requirements for packaged food and beverages. These dates provide a guide as to how long food can be kept before it starts to spoil and/or become unsafe to eat.
After the ‘use by date’, foods should not be consumed and can’t legally be sold because they may pose a health risk.
‘Best before’ dates can be found on most foods. You can still eat food after the best before date as they are safe but may have reduced in quality. Retailers can legally sell food past its best before date provided it fit for consumption.
Foods that have a shelf-life of two years or more (for example, canned foods), do not need to be labelled with a best before date as they are likely to be consumed well before they spoil.
It is the responsibility of food suppliers to put a use by and/or best before date on food. It is the responsibility of retailers to make sure any food they sell is not contaminated and is fit for consumption.
Contact Food Standards Australia New Zealand for more information on food labelling standards.
Ingredient additives
Certain additives (eg colouring, preservatives or concentrates) can only be used in specific foods after they have been evaluated and recommended for use in that food. These additives, and their approved usage, are outlined in the Australia New Zealand Food Standards Code (under Standard 1.3.1 – Food Additives).
Contact Food Standards Australia New Zealand for more information.
Your consumer rights
As a consumer, you have the right to expect that the goods you buy are safe.
Australian Consumer Law requires safety standards to be met before certain goods are sold. These standards include:
- the way the good is made
- what it contains
- how it works
- the tests it needs to pass
- whether any warnings or instructions need to accompany it.
Penalties
The penalty for individuals is $2.5 million.
The penalty for a body corporate is the greater of:
- $50 million
- if the Court can determine the value of the 'reasonably attributable' benefit obtained, 3 times that value, or
- if the Court cannot determine the value of the 'reasonably attributable' benefit, 30% of the corporation's adjusted turnover during the breach turnover period for the contravention.
Making a complaint
When making a complaint, you should include:
- details of the issues you are experiencing
- copies of any correspondence that shows how you have tried to resolve the matter.
How Fair Trading will handle your complaint
Your complaint will be reviewed to determine the most appropriate resolution. This may include:
- providing you with information to help resolve your complaint
- recording the complaint issues to assist in future compliance programs, or
- contacting the other party to try and resolve the dispute.
You can lodge a complaint:
Online
If you cannot resolve your matter, submit your complaint by using our form.
By mail
Post your complaint form and documentation to:
NSW Fair Trading
PO Box 972
Parramatta NSW 2124
Ask a question
If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry.
Other bodies where you can lodge a complaint
- Contact the local council where the food business is located to make a complaint about a retail business (except butchers) or food poisoning affecting one household.
- Contact the NSW Food Authority to make a complaint about butchers, food poisoning in more than one household, or other issues relating to food safety and labelling. Call the NSW Food Authority on 1300 552 406 or make a complaint online.