Can the Business Owner Be the Food Safety Supervisor? | Food Safety Hub

Yes. There is no requirement under Standard 3.2.2A of the Food Standards Code for a Food Safety Supervisor to be a separate employee. The owner, director, manager, head chef, or any other person working in the food business can hold the FSS certification — provided they meet the requirements.

What the law actually says

Standard 3.2.2A requires that food businesses appoint a certified Food Safety Supervisor who is:

1. Employed at the food premises (not just associated with the business)
2. Reasonably available to staff while food handling is taking place
3. Able to supervise food handling and correct practices that don’t comply with the Food Standards Code

The standard does not specify seniority, job title, or employment type beyond these requirements. An owner who works on the premises and is present during food handling operations satisfies all three.

Why owners often choose to be the FSS

For sole traders, small cafés, family businesses, and owner-operators, having the owner hold the FSS certification is typically the most practical arrangement:

• No reliance on staff. If a staff member who holds the FSS certification leaves, the business must appoint a replacement promptly. An owner who is certified removes this risk.
• Continuity. The owner is unlikely to resign. Staff turnover is a known pain point in the hospitality industry — FSS certification being tied to a high-turnover employee creates compliance exposure.
• Cost. There is no cost difference between an owner completing the course and a staff member completing it. The online FSS course takes 6–8 hours and costs between $86 and $229 depending on provider and state.

The “reasonably available” requirement

The key limitation on an owner being the FSS is the reasonably available requirement. The FSS must be accessible to food handlers during food handling operations — not necessarily present every moment, but reachable, able to answer questions, and able to step in when there is a food safety issue.

This means an owner who:

• Works off-site most of the time
• Is frequently interstate or overseas
• Has no practical contact with day-to-day food handling

…may not satisfy the “reasonably available” test in practice, even if they hold the certificate. In such cases, the business should consider certifying a manager or senior staff member who is on-site regularly.

Councils interpret “reasonably available” consistently: the FSS should be contactable by phone at minimum, and physically present often enough to actually supervise practices and address issues.

Can the owner be the FSS for multiple locations?

No — not effectively. Standard 3.2.2A requires an FSS per premises. If you operate two cafés, each premises needs its own certified FSS who is reasonably available at that specific location.

An owner who spends time across multiple sites cannot practically be the FSS for all of them, because they cannot be reasonably available at each simultaneously. The practical solution for multi-site operators is to certify a senior staff member or manager at each location.

NSW-specific consideration

In NSW, the Food Safety Supervisor must be named in the food business registration records. If the owner is the FSS and they cease to be involved with the premises (for example, the business is sold), the registration must be updated promptly. This is an additional administrative consideration for NSW businesses.

NSW also requires the FSS to be employed at the premises, which is satisfied by an owner who works there — but if the business structure involves an owner who is not technically an employee (for example, a trust or company structure where the owner takes drawings rather than wages), confirm with the NSW Food Authority how this applies to your situation.

Steps for an owner who wants to become the FSS

1. Confirm you are working at the premises and are reasonably available during food handling operations.
2. Enrol in the accredited FSS course — SITXFSA005 + SITXFSA006 for hospitality businesses. See our comparison table for verified pricing by provider and state.
3. Complete the online course — approximately 6–8 hours, fully self-paced.
4. Pass the knowledge assessment and receive your Statement of Attainment.
5. For NSW: Ensure you are enrolled with an NSW Food Authority approved RTO. The NSW Government FSS certificate will be issued alongside the Statement of Attainment.
6. Keep the certificate on the premises and available for inspection. Notify your local council if required under your state’s registration process.

Frequently asked questions

Do I need to tell the council that the owner is the FSS? In most states, you are required to have the certificate available on the premises for inspection. In NSW, the FSS must be registered with the food business. Check with your local council or state food authority for specific notification requirements in your jurisdiction.

What if I sell the business? If the FSS certification is held by the owner and the business is sold, the new owner or an appointed staff member must obtain FSS certification before or at the time of taking over operations. The certificate is not transferable — it belongs to the individual, not the business.

I’m a sole trader running a market stall — do I need an FSS? It depends on your state, your food category, and whether your stall meets the threshold for Standard 3.2.2A. Category 1 and Category 2 businesses are required to have an FSS. Check our state requirements guides for your jurisdiction. If you are operating a market stall handling potentially hazardous unpackaged food, you are likely required to have one.

What if the owner/FSS is sick or on holiday? The FSS must be “reasonably available” — not present 24/7. Short absences (a holiday, illness) are generally handled by ensuring a nominated senior staff member can manage food safety in the FSS’s absence. For extended absences, consider having a second staff member trained and certified.

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Requirements may change. Verify current obligations with your state food authority or local council. Last verified: April 2026.