Do I Need a Food Safety Supervisor if I Only Sell Packaged Food? | Food Safety Hub

One of the most common questions food business owners ask is whether they need a Food Safety Supervisor if they only sell packaged food. The answer depends on what type of food you sell, how it’s stored, and what else your business does. “We only sell packaged stuff” is not automatically an exemption.

How Standard 3.2.2A categorises food businesses

Standard 3.2.2A — Food Safety Management Tools — divides food businesses into two categories, plus a group that is exempt from the FSS requirement entirely.

Category 1 — Highest risk Businesses that handle potentially hazardous food that is served to vulnerable populations, or that process and serve ready-to-eat food requiring temperature control. Examples include:

• Hospitals, aged care facilities, childcare centres (serving food to people who are particularly vulnerable to foodborne illness)
• Businesses that process and serve ready-to-eat food that requires temperature control for safety

Category 1 businesses must have a certified FSS and must also keep an evidence record (a log showing the FSS is in place and that food handlers have been trained).

Category 2 — Standard food service and retail Businesses that handle food in a way that could cause illness if something goes wrong, but that are not serving vulnerable populations. This is the largest category and covers most cafés, restaurants, takeaways, food trucks, delis, bakeries, and food retailers.

Category 2 businesses must have a certified FSS but do not need to keep the evidence record required of Category 1 businesses.

Exempt — Low-risk food only Businesses that only handle food that is low-risk and not potentially hazardous are exempt from the FSS requirement. This is where packaged food becomes relevant — but the exemption is narrower than most people expect.

Who is actually exempt?

To be exempt from the FSS requirement under Standard 3.2.2A, a business must only handle food that is:

• Shelf-stable and pre-packaged — food that does not require refrigeration to remain safe, is sealed in its original packaging, and is not processed or prepared on the premises

Examples of genuinely exempt operations:

• A newsagency selling only sealed, shelf-stable confectionery and chips
• A wholesale distributor handling only shelf-stable packaged goods
• A market stall selling only pre-packaged shelf-stable products (e.g., bottled sauces, dried goods, packaged nuts) with no on-site food preparation

The key test is not just “is it packaged?” — it’s whether the food is potentially hazardous and whether your business does anything to it (prepares, portions, serves, or stores it under temperature control).

Common misconceptions

“We only sell packaged food, so we don’t need an FSS.” This is frequently wrong. If the packaged food you sell requires refrigeration — yoghurt, deli meats, fresh juices, chilled ready meals — it is potentially hazardous food. Even though it arrives pre-packaged and you don’t open it, selling temperature-controlled packaged food typically places you in Category 2 and requires an FSS.

“We’re a café but we only serve packaged sandwiches from a supplier.” Selling packaged food alongside beverages you prepare (espresso, tea, smoothies) means your business is not handling low-risk food only. The coffee you make is prepared food. You are a Category 2 business and need an FSS.

“We’re a vending machine operator.” This depends entirely on what’s in the machines. Shelf-stable packaged snacks and drinks: likely exempt. Refrigerated items like sandwiches or dairy: likely Category 2. If you’re filling and maintaining machines with temperature-controlled food, get advice from your state food authority.

“We only wholesale — we don’t sell to the public.” Wholesale operations are not automatically exempt. If you are handling potentially hazardous food — even in bulk, even pre-packaged — you may still be required to have an FSS depending on how your business operates and which state you’re in. Wholesale businesses that only deal in shelf-stable packaged goods are generally exempt.

State variations

Standard 3.2.2A is a national standard, but states have some flexibility in how they administer and enforce it. A few things to be aware of:

NSW has its own parallel food safety framework that operated alongside Standard 3.2.2A during the transition period. NSW-based businesses should check with the NSW Food Authority if they are unsure about their category, particularly if they believe they may be exempt.

VIC, QLD, SA, WA, TAS, ACT, NT generally follow Standard 3.2.2A as written, with enforcement carried out by local councils. If you are genuinely handling only shelf-stable pre-packaged food with no preparation, you are likely exempt — but confirming with your local council’s environmental health team takes 10 minutes and removes all doubt.

How to confirm whether you need an FSS

Work through these questions:

1. Does your business serve or sell food directly to the public, or handle food that will be served to the public?
2. Is any of that food potentially hazardous — meaning it requires refrigeration or temperature control to remain safe?
3. Does your business do anything to the food — prepare, cook, portion, serve, or heat it?

If you answered yes to any of these, you almost certainly need an FSS. If you answered no to all of them — your business handles only sealed, shelf-stable packaged goods with no preparation — you are likely in the exempt category.

Still not sure? Use our do I need an FSS tool for a guided assessment. If you do need an FSS, compare accredited course providers to find the right option for your state.

What happens if you assume you’re exempt but you’re not?

If your business is Category 2 and operating without a certified FSS, you are in breach of Standard 3.2.2A. An environmental health officer conducting a routine inspection will identify this and issue an improvement notice. Fines can apply, and repeat breaches can escalate to more serious enforcement.

The exemption is not a grey area you can argue your way out of at inspection time — if you handle temperature-controlled food, you need an FSS.

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Frequently asked questions

We sell sealed, refrigerated drinks (like bottled water and soft drinks). Are we exempt? Bottled water and sealed commercially produced soft drinks are generally considered low-risk even when refrigerated, because they are not potentially hazardous in the food safety sense. However, if you also sell refrigerated dairy, fresh juices, or any food that could harbour pathogens if temperature control fails, you move into Category 2 territory. Check with your local council if you’re unsure.

We’re a gift shop that sells some packaged food (chocolates, biscuits, preserves). Do we need an FSS? If the packaged food you sell is entirely shelf-stable — no refrigeration required — you are likely in the exempt category for that part of your operation, and the gift shop as a whole may be exempt. If you introduce any refrigerated food products or any form of food preparation, you would need an FSS.

We run a farmers market stall selling only our own bottled preserves and dried goods. Do we need an FSS? Bottled shelf-stable preserves and dried goods are generally low-risk, and a stall handling only these products with no on-site preparation would typically be exempt. However, home-produced food products have their own regulatory requirements around labelling and production — separate from the FSS requirement. Check with your local council and state food authority.

My bakery is planning to add pre-packaged baked goods from another supplier. Does that change our FSS requirement? If you’re already a bakery, you already need an FSS for your own production. Adding pre-packaged goods from a supplier doesn’t change that. This question is more relevant to businesses that currently handle no food — adding pre-packaged goods with no preparation is unlikely to trigger the FSS requirement on its own, provided those goods are shelf-stable.

Does the category affect which FSS course I need to do? No. The FSS qualification — SITXFSA005 and SITXFSA006 — is the same for Category 1 and Category 2 businesses. Category 1 businesses have additional record-keeping obligations, but the course and certificate are identical. See what is a Food Safety Supervisor for full details on the qualification.

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Last verified: April 2026. Standard 3.2.2A categories are set by Food Standards Australia New Zealand. For state-specific guidance, contact your local council or state food authority. Use our do I need an FSS tool or compare FSS course providers.