Do cafes need a Food Safety Supervisor?

Yes. Most cafes in NSW are legally required to appoint a Food Safety Supervisor (FSS). Under the Food Act 2003 (NSW) and Food Regulation 2015, any food business that handles unpackaged, potentially hazardous food that is ready to eat must have a qualified FSS.

What this means for a typical café

A café that serves coffee and packaged foods only might fall outside the requirement. However, most cafes serve sandwiches, eggs, wraps, salads, pastries, or other prepared foods — all of which are potentially hazardous ready-to-eat foods. If your café handles any of these, you need an FSS.

FSS requirements at a glance

Must hold a current nationally recognised FSS qualification (renewed every 5 years)
Must be reasonably available during food handling operations
Does not need to be the owner — can be a senior staff member
Certificate must be available on-site at all times
Their contact details must be displayed or available for council inspection

What if we already have a qualified team member?

Great — but check that their certificate is current (issued within the last 5 years) and that the units covered match the NSW requirements for food service. Some older certificates may be from discontinued training packages and may not satisfy current requirements. AMES Food Advisory can review your existing certificates and advise on any gaps.

Penalties

Failure to appoint a qualified FSS can result in fines of up to $44,000 for an individual and

About this FAQ

This page provides in-depth information and insights regarding faq 12 in the context of food safety and compliance in NSW.

AMES Food Advisory is dedicated to providing high-quality, actionable knowledge to help businesses navigate HACCP regulations, NSW Food Authority compliance, and operational food safety.

Comprehensive breakdown of standards.
Regulatory insights and audit preparation techniques.
Real-world applications for cafes, restaurants, and manufacturers.

Why this matters

Staying informed on the latest food safety practices ensures your business operates safely, protects consumers, and avoids costly penalties from local council or state regulators.

20,000 for a corporation under the Food Act 2003 (NSW).