Regulatory food safety auditing for enforcement agencies

Food Act 2008 (Food Act) enforcement agencies have certain roles and responsibilities in the WA regulatory food safety auditing system. 

WA food businesses that are captured by:

  • Standard 3.3.1 Food safety programs for food service to vulnerable persons, and
  • Standard 4.2.4 Primary production and processing standard for dairy products

of the Australia New Zealand Food Standards Code (Food Standards Code) are required to:

  1. implement a documented food safety program, and
  2. have an implemented program audited by a regulatory food safety auditor in accordance with Part 8 - Auditing of the Food Act.

Food Act enforcement agencies’ roles and responsibilities in the regulatory food safety auditing system are detailed in Food Safety Auditing – Guidelines for Enforcement Agencies (PDF 383 KB). Key roles and responsibilities include:

  • enforcing the requirement for certain food businesses to implement a documented food safety program,
  • verifying food safety programs,
  • assigning the initial audit frequency, and
  • follow-up of regulatory food safety audit outcomes.

The following publications have been developed to manage the regulatory food safety auditing system in WA and provide guidance to enforcement agencies:

Publication Purpose
Guideline for the Management of the Regulatory Food Safety Auditing System (PDF 336 KB) Overarching document that describes the management system used by the Department of Health to manage regulatory food safety auditing under Part 8 of the Food Act.
Food Act 2008 Regulatory Guideline No.6: Regulatory Food Safety Auditing in Western Australia (PDF 127 KB) Provides enforcement agencies with a guide on time frames for new businesses developing and implementing food safety programs. 
Guide to Regulatory Guideline No.6: Regulatory Food Safety Auditing in Western Australia (PDF 95 KB) Provides additional information to assist enforcement agencies in the practical adoption of this Regulatory Guideline.
Food Safety Auditing – Guidelines for Enforcement Agencies (PDF 383 KB) Provides guidance to enforcement agencies on their roles and responsibilities under the regulatory food safety auditing system. 
 WA Priority Classification System (PDF 73 KB) The CEO approved priority classification system in WA under section 100(2) of the Food Act 2008

The following provides a summary of key elements of the regulatory food safety auditing system. It is important that enforcement agencies read the relevant documents to fully understand their roles and responsibilities.

Food businesses captured by the regulatory food safety auditing system

The following food businesses are captured by the WA regulatory food safety auditing system:

Food business Standard Enforcement agency

Food service to vulnerable persons, such as:

  • hospitals
  • childcare centres
  • aged care facilities
  • delivered meals organisations

Standard 3.3.1 Food safety programs for food service to vulnerable persons (external site)

FSANZ guide to Standard 3.3.1 (PDF 1.4 MB)

Public hospitals – WA Department of Health

Private hospitals and all other businesses captured by Standard 3.3.1 – local government

Dairy primary production, transportation and processing businesses Standard 4.2.4 Primary production and processing standard for dairy products (external site) WA Department of Health

These food businesses are required to implement a documented food safety program in accordance with Standard 3.2.1 Food safety programs (external site). Further information can be found in the FSANZ guide to Standard 3.2.1 (PDF 357 MB).

Enforcement agencies should advise relevant food businesses in their district of their obligations under the legislation in relation to food safety programs and regulatory food safety auditing.

Food businesses can be directed to the Regulatory Food Safety Auditing for Food Businesses web page for further information.

Verification of food safety programs

Once the food business has developed their food safety program it must be submitted to the relevant Food Act enforcement agency for a verification assessment. A food safety program verification assessment is an initial assessment to ascertain if the food safety program contains the elements required by clause 5 of Standard 3.2.1 of the Code. 

Authorised officers from the relevant enforcement agency will need to be satisfied that the food safety program, when put into operation, will be likely to enable a food business to meet its obligations under Standard 3.2.1. This only requires a decision to be made on whether the program substantially complies at the time of the assessment.

A tool has been developed to assist with the assessment of food safety programs, the Food Act 2008 Verification of Food Safety Program Guideline (PDF 25KB), which should be read in conjunction with the FSANZ guide to Standard 3.3.1 (PDF 1.4 MB)

The initial verification assessment is not an approval of the food safety program, as a food safety program is a living document and once it has been determined that it contains the required elements, the audit process (and the regulatory food safety auditor) will determine whether the food safety program continues to be adequate to control the hazards associated with the processes within the food business. 

Regulatory food safety auditing

Initial audit frequency

Following successful verification, the appropriate enforcement agency is responsible for:

Arranging audits

Food businesses are responsible for organising their own regulatory food safety audits within the specified audit frequency. Audits must be conducted by a regulatory food safety auditor approved by the Department of Health. View the list of approved regulatory food safety auditors.

Enforcement agencies should monitor food businesses to ensure audits are being undertaking at the required frequency. If a food business fails to undertake audits at the required frequency, the enforcement agency should take action to ensure the business is aware that the audit is overdue and take compliance and enforcement action if necessary.

Follow up after regulatory food safety audit

Following a regulatory food safety audit, the auditor is required to send an audit report to the enforcement agency within 21 days of the completion of the audit (audits are considered complete within 14 days or earlier from the beginning of audit activities), or within 24 hours of the audit for reporting critical non-compliances.

The enforcement agency is responsible for responding to audit findings where they require a compliance and/or enforcement response (i.e. where issues have been identified that relate to non-compliance with the Code).

The enforcement agency must also review changes to audit frequencies determined by auditors (this will be in the audit report) and notify the food business of any change to audit frequency. A checklist for enforcement agencies of information to be checked on receipt of the regulatory food safety audit report is available in the Food Safety Auditing – Guidelines for Enforcement Agencies (PDF 383 KB)

Last reviewed: 18-06-2021
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Public Health