Food Act 2014

Risk-based measures - General - Classification of food sectors

21: Classification of food sectors for purpose of assigning applicable risk-based measures

You could also call this:

"Sorting food businesses into groups to keep people safe from bad food"

The law sorts food businesses into groups based on how risky they are to people's health. You need to know that this is done to keep people safe from bad food. The groups are decided by how safe or unsafe the food is.

The law uses three groups, which are listed in Schedules 1 to 3. You will see that food businesses that are very risky are in Schedule 1 and they have to follow a special plan. Food businesses that are not as risky are in Schedule 2 and they have to follow a national programme.

The national programme has different levels, and the levels are listed in order from most risky to least risky. You can find the levels in Part 3, Part 4, and Part 5 of Schedule 2. Food businesses that are not very risky at all are in Schedule 3 and they do not have to follow a special plan or programme.

The rules about sorting food businesses into groups are also connected to other parts of the law, like sections 25, 26, and 29. You should look at these sections to understand the rules better. The law is in place to keep you and your family safe from bad food.

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"Introduction to Food Safety Rules"


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22: Power to amend Schedules 1 to 3 by Order in Council, or

"The Governor-General can change some food rules with the Minister's advice."

Part 2Risk-based measures
General: Classification of food sectors

21Classification of food sectors for purpose of assigning applicable risk-based measures

  1. The classification of food sectors under this Part—

  2. is based on, among other things, the level of risk that their activities pose to public health in terms of the safety and suitability of food; and
    1. is for the purpose of assigning a risk-based measure that generally applies to food businesses in those food sectors or for identifying those food sectors to which no risk-based measure generally applies.
      1. Accordingly, Schedules 1 to 3 classify food sectors into 3 risk-based classes in accordance with the principles set out in subsection (3).

      2. The principles referred to in subsection (2) are as follows:

      3. food sectors that generally pose a high level of risk to public health are classified in Schedule 1 and food businesses in those food sectors must operate under a food control plan:
        1. food sectors that generally pose a medium or medium-to-low level of risk to public health are classified in Schedule 2 and—
          1. food businesses in food sectors classified in Part 3 of that schedule must operate under a level 3 national programme:
            1. food businesses in food sectors classified in Part 4 of that schedule must operate under a level 2 national programme:
              1. food businesses in food sectors classified in Part 5 of that schedule must operate under a level 1 national programme:
              2. food sectors that generally pose a low level of risk to public health are classified in Schedule 3 and food businesses in those food sectors are not required to operate under a food control plan or a national programme.
                1. The levels of national programme specified in subsection (3)(b) are listed in descending order of risk.

                2. This section is subject to sections 25, 26, and 29.