A childcare service that prepares meals or potentially hazardous snacks is a category one business under Food Standards Code Standard 3.2.2A, enforceable since December 2023. It must have: a certified food safety supervisor (certificate issued in the last 5 years) who is reasonably available; food handler training for everyone handling unpackaged, ready-to-eat, potentially hazardous food; and records showing key controls such as temperatures, kept for 3 months. A lunchbox service where families supply main meals is generally not covered. Separately, the National Regulations require safe food practices (r 77), safe drinking water and appropriate food (r 78 and 79) and a displayed weekly menu (r 80).
What Standard 3.2.2A means for long day care, OSHC and family day care, the three food safety tools, and how they fit with the National Regulations.
Standard 3.2.2A applies to category one and category two food businesses. A category one business is a caterer or food service that makes unpackaged, potentially hazardous food into ready-to-eat food. State guidance applies this to childcare as follows (based on South Australian guidance for education and childcare settings):
| Setting | Category | Does 3.2.2A apply? |
|---|---|---|
| Centre that provides meals or potentially hazardous snacks | Category one | Yes: all three tools |
| Lunchbox centre (families provide main meals; service may give low-risk snacks) | Not applicable | Generally no |
| Family day care lunchbox facility | Not applicable | Generally no |
“Potentially hazardous” food is food that must be kept at the right temperature to stay safe, such as cooked meat, dairy, cooked rice and pasta, and prepared salads. If you are unsure how your service is classified, ask your local council or state food regulator. They also tell you whether you must register or notify as a food business.
| Tool | What the standard requires | Who |
|---|---|---|
| Food safety supervisor | Appointed before food is handled, holds a certificate from a recognised course issued within the last 5 years, and is reasonably available to advise and supervise food handlers (on site, or easily contactable with procedures in place) | Category one and two |
| Food handler training | Before handling food, each food handler has completed a food safety course or has equivalent skills and knowledge, covering safe food handling, food contamination, cleaning and sanitising, and personal hygiene | Category one and two |
| Showing food is safe | Records that substantiate key controls (receiving, storage, cooking, cooling, reheating, display, transport, cleaning and sanitising), kept for 3 months, unless the business can otherwise show an authorised officer it complies | Category one |
Sources: Standard 3.2.2A clauses 10 to 12 and FSANZ guidance. Some states have extra rules, such as food safety programs for services to vulnerable people, so check the state health department guidance where you operate.
Assessors look at food practices under Standard 2.1 (Element 2.1.3 healthy lifestyle) and hygiene under Element 2.1.2.
Yes, if it prepares meals or potentially hazardous snacks: that makes it a category one business under Standard 3.2.2A, which must appoint a certified food safety supervisor who is reasonably available.
Under Standard 3.2.2A the certificate must have been issued within the immediately preceding 5 years.
Anyone handling unpackaged, ready-to-eat, potentially hazardous food in a category one or two business must have completed a food safety course or have equivalent skills and knowledge before handling it.
Generally no. State guidance treats a centre where families provide main meals, and the service gives only low-risk snacks, as outside the standard. Confirm with your local council.
Category one businesses must keep the substantiation records required by Standard 3.2.2A for 3 months after making them.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
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