In lieu of the upcoming implementation of Standard 3.2.2a, it is important that businesses understand what rules they must follow and the possible penalties they can suffer due to non-compliance.
When appointing a Food Safety Supervisor or any Food Handlers, businesses must ensure that they have up to date and appropriate qualifications. Food Safety Supervisors must have completed training within the last 5 years and upon expiration of their previous certification they must complete a renewal course within 30 days.
There has not been a specific timeframe set for the requirements surrounding refreshing Food Handler training. This does not mean that Food Handlers do not need to undergo refresher training. If an enforcing body completes an inspection of your site and concludes that the employed Food Handlers do not have the adequate skills and knowledge for their role, it is possible for them to request they undergo additional training. For this reason, it is best practice for Food Handlers to undergo regular training to avoid being requested to do additional training at an inconvenient time, or even suffer a penalty if action is not taken after the first warning.
The consequences of non-compliance with Standard 3.2.2a changes depending on which state your business operates in. The following is a breakdown of the current penalties issued by each state.
There are two 3.2.2a non-compliances that the NSW Food Authority enforces.
The penalty for each of these offences is a fine which varies depending on whether the infringement is committed by an individual or a business. A registered company can receive a fine of up to $660 for each of these infractions, where a sole trader can receive a fine of up to $330. It is also possible to be prosecuted for these non-compliances depending on the severity of the case.
In Victoria, food safety laws are enforced by local council. Depending on the severity of the non-compliance, penalties ranging from warnings to prosecution can be issued. In some cases, temporary closure of your premises can occur if it is deemed as unsafe.
For most Food Safety Supervisor non-compliances, the local Queensland government can issue a maximum of 50 penalty units. Currently, each penalty unit equals approximately $133 AUD, but this can be updated or changed by the government.
As Standard 3.2.2a is part of the Food Standards code, in severe cases it is possible to be issued a fine of 500 penalty units which is the maximum fine for breaking the Food Standards code.
Failure to appoint an FSS within 30 days of registration or not having one results in a maximum penalty of 50 penalty units.
Registered food businesses must have a food safety supervisor and must notify the Health Protection Service within 30 days of appointment, or a penalty could be received.
Besides penalties that are specific to Food Safety Supervisor requirements, most local governments have penalties and fines in place that are related to the unsafe selling and handling of food. Even though these fines are not directly related to Food Safety Management tools, the failure to appoint a FSS or provide Food Handlers with appropriate training can result in an unsafe environment.
Out of the three Food Safety Management Tools outlined in Standard 3.2.2a, the most essential to implement is a fully trained Food Safety Supervisor as they have the responsibility of ensuring Food Handlers have the skills and knowledge to fulfil their duties, and that evidence and records are kept in detail.
To avoid non-compliance, employees must completely understand their roles and responsibilities, which is why fully accredited training delivered by an RTO is the best step towards compliance. QMS Audits offers Food Safety Supervisor Training courses that meet the necessary requirements to ensure compliance with standard 3.2.2a in your food business.
