What Are the Penalties for Not Having a Food Safety Supervisor? | Food Safety Hub

Not having a Food Safety Supervisor is a breach of Standard 3.2.2A of the Food Standards Code, and it’s enforced through state food legislation. Penalties vary by state, but the consequences can include on-the-spot fines, formal improvement notices, public naming, and in serious cases, forced closure. Here’s what you need to know.

How enforcement actually works

Food safety compliance is enforced at the state and local level. Environmental health officers (EHOs) from your local council are the primary point of contact for most food businesses. They conduct:

• Routine inspections — scheduled visits based on your business’s risk rating and inspection history
• Unannounced inspections — particularly for higher-risk businesses or following a complaint
• Follow-up inspections — after a previous non-compliance was identified

During an inspection, an EHO will check whether a certified FSS is in place, whether the named FSS is genuinely employed at the premises, and whether the certificate is current (not expired). If any of these fail, you are in breach.

In NSW, the NSW Food Authority also conducts its own inspections, separate from local council visits.

What happens when non-compliance is found

The enforcement pathway typically follows a graduated process:

1. Verbal or written warning For a first-time, minor breach — particularly if the business is otherwise well-run — an EHO may issue a verbal or written warning and give you time to rectify the issue.

2. Improvement notice A formal written notice requiring you to fix the problem within a specified timeframe, typically 14–30 days. The improvement notice is on the record. Failing to comply with an improvement notice escalates the matter significantly.

3. On-the-spot fine (penalty infringement notice) In most states, EHOs can issue an on-the-spot fine without going through court. These fines apply per breach and can be issued immediately during an inspection.

4. Prohibition order In serious or repeat cases, a prohibition order can be issued requiring the business to cease operating until it is compliant. This is relatively rare for a first FSS breach, but it does happen — particularly where the breach is part of a broader pattern of non-compliance.

5. Prosecution For wilful, serious, or repeated breaches, the state food authority or local council can pursue prosecution in court. Court-imposed penalties are substantially higher than on-the-spot fines.

6. Public register listing Most states maintain a public register of food businesses that have been the subject of enforcement action. Being named on a public non-compliance register has reputational consequences beyond the fine itself.

State-by-state penalty overview

Penalty amounts are set in state food legislation and can be updated by regulation, so the figures below indicate the general scale rather than precise current amounts. Always check current legislation for exact figures.

New South Wales NSW food safety is governed by the Food Act 2003 (NSW). Penalties for corporations can reach up to $110,000 for serious offences, with penalties for individuals up to $22,000. On-the-spot fines for non-compliance with the FSS requirement are significantly lower — typically in the hundreds of dollars for a first offence — but the maximum court-imposed penalty is substantial. NSW also has a food premises star rating system that is publicly visible; compliance failures affect your rating.

Victoria VIC food safety is governed by the Food Act 1984 (Vic). Penalties are expressed in penalty units (which are indexed annually), with serious offences attracting penalties broadly comparable to NSW. On-the-spot fines for FSS non-compliance typically fall in the range of a few hundred dollars, with higher penalties for repeat or serious breaches.

Queensland QLD food safety is governed by the Food Act 2006 (Qld). The penalty framework is similar — graduated from improvement notices and on-the-spot fines through to court-imposed penalties for serious offences. QLD councils are the primary enforcement body for most food businesses.

South Australia, Western Australia, Tasmania, ACT, NT All Australian states and territories have food safety legislation that incorporates Standard 3.2.2A and provides for enforcement of the FSS requirement. The scale of penalties varies, but the enforcement process — inspection, improvement notice, fine, potential prosecution — follows a broadly consistent pattern. Contact your local council or state food authority for jurisdiction-specific penalty information.

What a real inspection looks like

An EHO arriving at your premises will typically ask to see:

• The FSS certificate (Statement of Attainment, and in NSW, the NSW Government FSS certificate)
• Evidence that the named FSS is genuinely working at the premises
• For Category 1 businesses, the food safety evidence record

If you cannot produce a current certificate on the spot, the EHO will note the non-compliance. You may be given a short time to produce it from records (for example, if it’s stored digitally), but “I need to find it” is not an acceptable answer if the certificate has genuinely expired or doesn’t exist.

Common situations that create problems at inspection:

• Expired certificate — the 5-year validity has passed and renewal hasn’t been done
• FSS has left the business — the person named on the certificate is no longer employed there
• Certificate is for the wrong state — in NSW, a nationally accredited Statement of Attainment without the NSW Food Authority certificate does not satisfy the NSW requirement
• Certificate is for the wrong sector — using a retail qualification (SIRRFSA001) for a hospitality business, or vice versa

How to avoid penalties

The simplest way to avoid penalties is to stay compliant:

1. Ensure your FSS certificate is current (not expired) and accessible on the premises
2. Have a backup plan if your FSS leaves — identify a second staff member to certify
3. In NSW, make sure your certificate is from a NSW Food Authority approved RTO and includes the NSW Government FSS certificate
4. Diarise your certificate expiry date and start renewal 3 months before it lapses

If you don’t yet have an FSS or your certificate has lapsed, the fastest solution is to enrol in an accredited online course — most can be completed in a single day. See our provider comparison to find a current provider.

If you’re unsure whether your business needs an FSS at all, use our do I need an FSS tool.

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Frequently asked questions

Can I get fined just for not having the FSS certificate available, even if I have one? Technically, the requirement is to have a certified FSS — not just to have the paperwork on hand. But an EHO who cannot verify currency during an inspection will record a non-compliance, and you may need to produce evidence within a short timeframe. In practice, not being able to show the certificate creates a problem even if the underlying certification exists. Keep it accessible.

What if my FSS just resigned yesterday and I haven’t had time to appoint a new one? There is no statutory grace period in most states — the requirement is continuous. In NSW specifically, you have 30 working days to appoint a new FSS when the role becomes vacant. In other states, the expectation is that an FSS is in place at all times food handling occurs. If your FSS resigned, the fastest path to compliance is having another staff member enrol in and complete the course immediately.

Can the EHO close my business on the spot for not having an FSS? On-the-spot closure for a sole FSS non-compliance is uncommon, particularly for a first offence. Closure powers (prohibition orders) are generally used where there is an imminent risk to public health or a serious pattern of non-compliance. An EHO is more likely to issue an improvement notice for a first FSS breach, with closure reserved for situations where the business refuses to rectify or poses a genuine food safety risk.

Does having a penalty on record affect my food business licence? This depends on your state. In NSW, repeated or serious enforcement action can affect your food safety rating, which is publicly visible. In most states, a formal prosecution or prohibition order becomes part of your business’s compliance history, which EHOs can see during future inspections. A history of non-compliance will attract closer scrutiny.

If I have an FSS certificate but my FSS is on holiday, am I still compliant? Yes, provided your FSS is “reasonably available” — which means they can be contacted and can respond to food safety issues. Brief absences including annual leave are generally acceptable. Extended absences in NSW (more than 30 working days) require documented plans or a backup certified FSS. If your sole FSS will be away for an extended period, certifying a second staff member is the safest approach.

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Last verified: April 2026. Penalty amounts are subject to change and should be verified against current state legislation. For NSW requirements, see our NSW guide. To find a certified FSS course provider, see /compare. If you’re unsure whether you need an FSS, visit /do-i-need-an-fss.