Do I need a Food Safety Supervisor in NSW?

Yes — most food businesses in NSW are legally required to have a Food Safety Supervisor (FSS) on staff. This requirement is set out in the Food Act 2003 (NSW) and applies to businesses that handle unpackaged, potentially hazardous food that is ready to eat.

Which businesses need an FSS?

Restaurants, cafes, and takeaway outlets
Caterers, including mobile food vendors and pop-ups
Bakeries, delis, and food manufacturers
Hotels, clubs, and pubs that serve food
Schools, child care centres, and aged care facilities that prepare food

What qualifications does an FSS need?

Your Food Safety Supervisor must hold a nationally recognised qualification covering food safety supervision — typically units from a Certificate III in Food Processing or Hospitality. The qualification must be current (renewed every 5 years) and a copy of the certificate must be available on-site at all times.

What are the penalties for not having an FSS?

Failing to appoint a qualified FSS is a breach of the Food Act 2003 (NSW). Penalties range from on-the-spot fines (Penalty Infringement Notices) to prosecution in the Local Court, with fines up to $44,000 for individuals and

About this FAQ

This page provides in-depth information and insights regarding faq 2 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 corporations.

Can the FSS work remotely or part-time?

The FSS must be reasonably available to food handlers during food handling operations. While they do not need to be on-site every minute, they must be reachable and able to provide guidance. A certificate holder who works one day a week and never interacts with the team is unlikely to satisfy council inspectors.