Food Act 2001 (DHW 2024-25 Annual Report)

Part 9 – Administration

Division 2 – Functions of enforcement agencies

S 93 - Reports by enforcement agencies

(1) The head of an enforcement agency (other than the relevant authority) is to report to the relevant authority, at such intervals as the relevant authority requires, on the performance of functions under this Act by persons employed or engaged by the agency.

Division 4 – Agreement and consultation with local government sector on administration and enforcement of Act

S 96 – Agreement and consultation with local government sector

(1) The Minister must take reasonable steps to consult with the Local Government Association (LGA) from time to time in relation to the administration and enforcement of this Act.

(2) If the Minister and the LGA enter into an agreement with respect to the exercise of functions under this Act by councils, then the Minister must prepare a report on the matter and cause copies of the report to be laid before both Houses of Parliament.

(3) A report under subsection (2) must be accompanied by a copy of any relevant written agreement between the Minister and the LGA.

(4) The Minister must consult with the LGA before a regulation that confers any function on councils is made under this Act.

(5) The annual report of the Minister under this Act must include a specific report on -

(a) the outcome of any consultation undertaken under subsection (1) or (4); and

(b) the operation of any agreement referred to in subsection (2).

S 109 - Annual report

(1) The Minister must, on or before 30 September in each year, prepare a report on the operation of this Act for the financial year ending on the preceding 30 June.

(2) The Minister must, within 6 sitting days after completing a report under this section, cause copies of the report to be laid before both Houses of Parliament.

The objectives of the Food Act 2001 (the Act) are defined in Section 3 of the Act as:

  • Ensuring that food for sale is safe and suitable for human consumption.
  • Preventing misleading conduct in connection with the sale of food.
  • Providing for the application of the Food Standards Code.

The Act closely follows the content and structure of national model food provisions, which provide for the consistent administration and enforcement of food legislation in Australia. This uniform approach to national food legislation was formalised by the Inter-Governmental Food Regulation Agreement 2002. Under the Agreement all states and territories have adopted the Australia New Zealand Food Standards Code (the Code) through their Food Acts. While the Act contains important legal and administrative issues, such as defining offences and penalties, the Code details the specific requirements with which food businesses must comply.

The objectives of the Food Act 2001 (the Act) and Food Regulations 2017 are to:

  • ensure food for sale is both safe and suitable for human consumption.
  • prevent misleading conduct in connection with the sale of food.
  • ensure the Food Standards Code (the Code) can be applied to food businesses in South Australia.

To meet the objectives of the Act, the Act requires the Department for Health and Wellbeing (the Department) to:

  • undertake measures to ensure the effective administration and enforcement of this Act.
  • approve laboratories and analysts to carry out analyses under the Act.
  • approve food safety auditors to carry out audits and monitor compliance of audited facilities.
  • maintain a list of approved food safety auditors.
  • appoint authorised officers for the Department.
  • prepare an annual report to be submitted to both Houses of Parliament.

The Department administers the Act with assistance from local government and the Department of Primary Industries and Regions South Australia (PIRSA). Activities undertaken by local government under the Act are detailed in Appendix 1, activities undertaken by PIRSA are detailed in this report. Within the Department, the Food Safety and Regulation Branch is responsible for day-to-day administration of the Act with assistance from the Regional Public Health team within the Department (formerly known as the Health Protection Operations).

Activities of the Food Safety and Regulation Branch

Monitoring Compliance with the Food Act 2001

The Food Safety and Regulation Branch (FSRB) of the Department carries out key functions under the Act to help ensure that food supplied to the South Australian community is safe and suitable. These functions include investigating incidents of foodborne illness, ensuring compliance with compositional and labelling requirements of the Code, supporting businesses to manage food recalls (and mandating recalls where necessary), conducting risk assessments of reported food contaminants, managing the food safety audit system across the state, and responding to food safety complaints and general enquiries. Further detail on those activities is presented below.

Food sampling 2024-25

The FSRB conducts sampling of various foods that are of public health concern as part of local or national food safety surveys or to confirm compliance with the compositional and labelling requirements of the Code. A key performance indicator was established to analyse 800 food samples per year. For the 2024-25 financial year, a total of 367 food samples were collected as part of food compliance investigations and food surveys. The reduction in the number of samples this period is reflective of the reduction in the investigation of foodborne incidents this year. During this reporting period there was only one food foodborne illness outbreak investigated by FSRB and no sample collection were deemed necessary for the investigation of this outbreak. Details of investigation can be found in Appendix 2. 

Investigation of food safety issues 2024-25

Food safety related issues come to the attention of the FSRB from a variety of sources including food surveys, complaints from members of the public, reports from the food industry, the Australian Competition and Consumer Commission (ACCC), Environmental Health Officers (EHOs) in local government, other regulatory agencies, or notification of illness from the Communicable Disease Control Branch (CDCB).

During 2024-25 after notification from CDCB, the FSRB, in collaboration with PIRSA, investigated one foodborne illness outbreak. Details of investigation can be found in Appendix 2. Investigation concluded that improper egg handling practices in the home environment were the primary cause of the outbreak. To raise community awareness, FSRB developed and promoted public messaging on safe egg handling through social media.

FSRB regularly conducts post-incident debriefs to review the effectiveness of policies and procedures applied during incident investigation.

Notifiable contaminants

The South Australian Public Health (Notifiable Contaminants) Regulations 2020 require specified microorganisms to be reported to the FSRB when they are found in food and water samples. Food and water samples include all raw, partly processed, and ready-to-eat foods, bottled water and ice, and may also include live plants and animals.

Notifiable contaminants include pathogens such as Salmonella, Campylobacter, Listeria monocytogenes which cause foodborne illness, and indicator (non-pathogenic) organisms such as Listeria species and E.coli. Indicator organisms do not cause illness but can be used by the business to indicate there may be suitable conditions in their environment for pathogenic bacteria to grow. Further information about pathogenic and indicator organisms can be found in the Food Standards Australia New Zealand (FSANZ) Compendium of Microbiological Criteria for Food (the Compendium).

During this reporting period there were 215 notifications received by SA Health.

When notifications are received, FSRB conducts a risk assessment to determine if any actions are required. Based on the risk assessments, no recalls were conducted for notifiable contaminants as the risk to public health was negligible e.g. the notification was for an indicator micro-organism, the food was not available for sale to the public, the food was undergoing further processing by the business, or it was raw food to be cooked by the consumer.

Non-pathogenic Listeria species accounted for 56 of the notifications for this reporting period. There are five species of non-pathogenic Listeria (L. grayi, L. innocua, L ivanovii, L. seeligeri, L. welshimeri) which can be found in soil, water, vegetation, animals and processing facilities. Raw vegetables were the most common source of non-pathogenic Listeria species.

There were 11 Listeria monocytogenes notifications, and all were investigated by FSRB. None of these required a food recall as the risk assessment deemed them to be of low risk to public health. All the Listeria monocytogenes isolates were whole genome sequenced and are not linked to human cases of listeriosis.

All 69 Campylobacter notifications were from raw poultry. There were 51 Salmonella notifications, with 37 coming from raw meat and poultry products, highlighting the importance of cooking. Other Salmonella notifications were from product on test and hold programs.

Horticulture standards

New Primary Production and Processing Standards for Berries, Leafy vegetables and Melons came into effect on 12 February 2025.

The Standards set out the requirements for berries, leafy vegetables and melons (horticultural produce) from pre-harvesting to early-stage processing but do not include manufacturing or retail sale.

Due to the defined activities in the Standards, there will be a division of regulatory responsibility between the Primary Produce (Food Safety Schemes) Act 2004 and the Food Act 2001 in South Australia.

FSRB is working with PIRSA and local government to establish a regulatory framework to ensure all businesses captured by the Standards are monitored for compliance at the appropriate level of risk.

FSRB is also assisting local government where food businesses are identified as being captured by the requirements.

Food recalls

Standard 3.2.2 of the Code requires food businesses that engage in the wholesale supply, manufacture, or importation of food, to have a system in place to ensure the recall of unsafe food. All food recalls are coordinated nationally by FSANZ, with the food business undertaking the recall being responsible for carrying out the recall as soon as an issue is identified. There are two levels of recall, a trade level and a consumer level recall. A trade level recall is conducted when the food has not been available for direct purchase by the public, such as food sold to wholesalers and caterers. A consumer level recall is conducted when the food has been available for retail sale and usually involves advertisements on government websites and social media to inform consumers of the recall. The FSRB informs local councils of all recalls affecting South Australia and requests that they check food businesses in their area are complying with the recall.

FSANZ was the coordinator for 86 food recalls nationally during the 2024-25 financial year as summarised in Table 1. In total, SA consumers were affected by 37 recalls meaning recalled product was distributed in the state.

Table 1: Summary of recalls conducted in 2024-25

Summary of recalls conducted in 2021-22
Type of Recall Number of recalls Reason for Recall Number of recalls by reason Reason for Recall Number of recalls by reason Recalls affecting SA Number of recalls affecting SA
Consumer 58 Undeclared allergens 50 Foreign matter 14 SA & other jurisdictions 35
Trade 14 Microbiological contamination 16 Labelling 0 National 11
Consumer and trade 14 Chemical contamination 2 Other 3 SA only 2


Biotoxin contamination 1

SA not affected 49
Total 86

Total 86

Enforcement actions

The FSRB is responsible for monitoring compliance with Chapters 1 and 2 of the Code for SA based food businesses, and is also involved in investigating matters of non-compliance with Chapters 3 and 4 found during audits, surveys, complaints, and investigations of illness. SA Health’s Public Health Services Enforcement Framework provides authorised officers with guidance on the process for conducting enforcement activities.

Local government is responsible for conducting routine food business inspections to monitor compliance with Chapter 3 of the Code and for investigating complaints made against businesses within their jurisdiction. Statistics about local government activities under the Act are provided in Appendix 1.

Where the FSRB identifies non-compliance in a food business, corrective actions are addressed through a graduated and proportionate response. Once effective corrective action is confirmed, no further enforcement action is undertaken. Should non-compliance remain unresolved, enforcement action can be escalated. Table 2 provides a summary of the enforcement activities undertaken by the FSRB.

Table 2: Enforcement activities undertaken in 2024-25

  • Warning letters - 7
  • Expiations issued - 2
  • Seizures - 2
  • Improvement notices - 0
  • Emergency orders - 0
  • Prosecutions - 0

Activities and enquiries

Table 3 details the number and type of enquiries, complaints, referrals, and incident management requests actioned by FSRB in the 2024-25 financial year.

Table 3: Activity requests in 2024-25

  • Complaints — 459
    • Alleged food poisoning — 125
    • Allergens — 35
    • Food contamination — 116
    • Alleged non-compliance with Food Standard 3.2.2 — 81
    • Alleged non-compliance with Food Standard 3.2.2A — 3
    • Alleged non-compliance with Food Standard 3.2.3 — 10
    • Labelling — 63
    • Others — 26
  • Enquiries — 421
    • General food matters — 115
    • Alleged non-compliance with Food Standard 3.2.2 — 85
    • Alleged non-compliance with Food Standard 3.2.2A — 70
    • Alleged non-compliance with Food Standard 3.2.3 — 13
    • Labelling — 63
    • Food Safety Rating Scheme — 2
    • Allergens — 6
    • Requests for resources — 27
    • Others — 39
  • Incident Management — 200
    • Investigations — 2
    • Recalls Enquiries — 7
    • Referrals from CDCB — 191
  • Total 1,080

Approval of laboratories and analysts

The Department is responsible for approval of laboratories and analysts to undertake analyses under Sections 63 and 67 of the Act in line with established competency criteria. 

On 30 June 2025, there were 13 approved laboratories and 60 approved analysts. The department maintains a list of approved laboratories and analysts on the SA Health website.

Food safety audits

Food safety programs have been mandated nationally for businesses providing food to vulnerable populations in hospitals, aged care facilities, childcare centres, and via delivered meals organisations like Meals on Wheels.

National Food Safety Standard 3.3.1 (audited mandatory food safety programs for food services to vulnerable persons) became enforceable in South Australia in October 2008. The Department has continued to liaise with industry, local government and food safety auditors to develop monitoring and review systems, to ensure effective management of the audit process in SA food businesses to whom this standard applies.

In 2024–25, the Department continued to conduct food safety audits of public hospitals, Department of Human Services (DHS) businesses such as Disability Services and not-for-profit delivered meals organisations including Meals on Wheels SA. These facilities are audited at the frequency determined by the performance of individual sites, in line with the priority classification for these businesses. Additionally, the Department conducts food safety audits of specific food processing sectors (e.g., bivalve molluscs, ready-to-eat meat and egg processors) under Food Safety Standards 4.2.1, 4.2.2, 4.2.3 and 4.2.5., where these food businesses undertake activities that are regulated under the Act. Food audit statistics are provided in table 4 below.

Table 4: Food audit statistics 2024-25

Summary of notifiable contaminant notifications in 2021-22
Risk classification Number of businesses Routine audits
Public hospitals 73 78
Not-for-profit delivered meals organisations 41 42
Aged care/childcare audited in regional areas / DHS 5 5
Standard 4.2.1 – bivalve molluscs 11 10
Standard 4.2.5 – egg processor 1 1

Food Safety Auditor training

The annual SA Health Auditor Forum was held 25 October 2024 and was facilitated by approved food safety auditors from the Department to assist with improving consistency of interpretation and professional development for the auditor workforce.

The Department continues to facilitate the Lead Food Safety Auditor training sessions. One training session was held in the 2024-25 reporting period.

Food Safety Auditor approvals

The Department is responsible for approval of food safety auditors under Section 73, 83 and 84 of the Act in line with established competency criteria. 

In 2024-25, the Department approved/re-approved 23 food safety auditors.

On 30 June 2025, there were 67 approved food safety auditors including Department staff and local government authorised officers. The Department maintains a list of approved auditors on the SA Health Website.

Foodborne disease investigations in SA 2024-25

Epidemiological investigations into foodborne disease outbreaks within South Australia are coordinated by the Disease Surveillance and Investigation Section (DSIS) and OzFoodNet staff who are based within the CDCB. OzFoodNet is a national network that conducts enhanced foodborne disease surveillance.

OzFoodNet and other CDCB staff work in collaboration with a range of stakeholders when investigating outbreaks. SA Pathology conducts microbiological and molecular testing of isolates from humans, food, and environmental samples. Local government EHOs and the FSRB provide food technology and environmental investigation expertise and perform environmental and food premises investigations. PIRSA staff assist with traceback investigations and implement control measures with primary producers where appropriate.

CDCB staff conduct interviews with cases to obtain food histories when clusters of suspected foodborne disease are detected. This information is used to identify frequently consumed food items and can sometimes lead to further investigations. When further investigations are required, it is often in the form of analytical studies that aim to demonstrate a statistical association between illness and the consumption of a particular food item, eating at a particular premises, or an environmental exposure. When a food and/or premises are suspected on epidemiological grounds, laboratory evidence, for example, microbiological testing of food and environmental samples is undertaken to support the observed epidemiological associations.

Often, despite efforts to identify a specific food or source of an outbreak, none can be identified. An implicated food item may no longer be available or suitable for microbiological testing, making it impossible to provide definitive laboratory evidence for the source of an outbreak. Cases may also have difficulty in remembering foods consumed or premises visited if an appreciable time has passed between the exposure and the interview.

During the period of 1 July 2024 to 30 June 2025 CDCB and FSRB investigated one foodborne outbreak in the community for which a common source was identified. A summary of the outbreak is included in Table 5 and detailed in Appendix 2.

This summary does not include outbreaks that were suspected to be person-to-person transmission, animal-to-person transmission, or from an environmental source (including swimming pools). All investigation data are subject to change, as this is the nature of clusters and outbreaks.

Table 5: Summary of foodborne disease investigations in South Australia during the period 1 July 2024 to 30 June 2025

Food audit statistics 2021-22
Number Month, Year Organism* Setting Number ill laboratory confirmed Evidence
1 January 2025 Salmonella Hessarek Community 7 7 Eggs

No. = Number; D = Descriptive evidence (i.e., information obtained from interviewing cases and/or inspections of premises); M = Microbiological evidence of pathogen in food vehicle MLVA = Multi-locus variable number tandem repeat analysis

Cluster investigations

A cluster is defined as an increase in a specific infection in terms of time, person or place, where the source and mode of transmission remains unknown. A summary of cluster investigations from 1 July 2024 to 30 June 2025 is listed in Table 6. During the reporting period, six Salmonella clusters, one norovirus and one Shiga toxin producing Escherichia coli (STEC) cluster were investigated. All clusters were general increases in specific infections in the community without a common source identified and only descriptive evidence was available for all the investigations.

Table 6: Summary of cluster investigations in South Australia during the period 1 July 2024 to 30 June 2025

Food audit statistics 2021-22
Number Month, Year Organism* Number ill
1 October 2024 Salmonella Typhimurium MLVA 03-10-08-09-523
12
2 October 2024 Salmonella Typhimurium MLVA 04-16-12-00-517 3
3 October 2024 Norovirus
20
4 December 2024 Salmonella Saintpaul
11
5 February 2025 Salmonella Virchow
6
6 February 2025 Salmonella Typhimurium MLVA 03-18-15-15-523
5
7 March 2025 Shiga toxin producing Escherichia coli O157 H7
3
8 May 2025 Salmonella Typhimurium MLVA 05/06-15-15-11-490
6

MLVA= multi-locus variable tandem repeat analysis.

Multijurisdictional outbreak investigations

During the reporting period from 1 July 2024 to 30 June 2025, there were no multi-jurisdictional outbreak investigations (MJOIs) that included South Australian cases.

Activities of the Health Protection Operations Section

The Regional Public Health team within the Department (formerly known as Health Protection Operations section, prior to an organisational restructure in 2024) administers the regulatory functions of the Food Act 2001 in parts of South Australia which are not under local government jurisdiction. These areas, collectively known as ‘Out-of-Council Areas’, are made up of ‘Unincorporated Areas’ and Aboriginal Lands and cover approximately 85 per cent of the geographical area of the State. The majority of the Out-of-Council Areas are typically very remote and isolated, requiring extensive travel (including extensive unsealed roads) of 1500km or more to reach some locations. As such a thorough approach to planning and safety is essential for all operations.

All of the Regional Public Health team are authorised under the Food Act 2001 and are qualified Environmental Health Officers with extensive regulatory experience in rural, remote and Aboriginal communities. Food safety functions undertaken by Regional Public Health include:

  • Monitoring of food businesses for compliance with relevant provisions of the Food Act 2001 and Food Safety Standards, and where necessary undertaking enforcement action under the Food Act 2001.
  • Routine and follow up inspections of food businesses to ensure that the premises, equipment and food handling practices will result in the supply and sale of safe and suitable food.
  • Food safety audits of businesses providing food to vulnerable populations.
  • Responding to complaints in relation to food businesses and investigating food poisoning and disease outbreaks.
  • Monitoring and action as required to ensure efficiency with which food is recalled for health and safety, and/or is removed from sale.
  • Receiving food business notifications for new businesses or change to business details.
  • Provision of food safety advice and delivery of educational programs and resources to food businesses, schools and communities.

The vast distances and extreme weather conditions of Outback South Australia create a challenging environment for food business operators and regulators alike. Effective and robust operational procedures and protocols ensure the risks associated with this environment are well managed and food safety and compliance standards are maintained to protect public health.

Statistics about food businesses and surveillance activities are provided below:

Table 7: Authorised officers

  • Environmental health qualifications - 6 (1 FTE currently vacant/to be filled)
  • Full-time - 6 (1 FTE currently vacant/to be filled)

Table 8: Food business and surveillance activity

Food audit statistics 2021-22
Area of operation ~ 837,000 km² (≈ 85% of geographic area of SA)
Number of businesses 1117
Routine inspections  90
Follow-up inspections  2
Food safety audits  10
Complaint inspections  1

Table 9: Enforcement actions

Food audit statistics 2021-22
Business type Improvement notices Expiations Prohibition order
Caterer 0 0 0
Hotel/Pub/Tavern 0 0 0
Roadhouse/service station 1 0 0
Supermarket 0 0 0
Aged Care Facility 0 0 0
Total 1 0 0

PIRSA activities under the Food Act 2001

Biosecurity is a division of the Department of Primary Industries and Regions (PIRSA) and administers the Primary Produce (Food Safety Schemes) (Meat Industry) Regulations 2017. The regulations require butcher shops to hold accreditation and comply with relevant food safety standards. Under the Memorandum of Understanding (MoU) between SA Health and PIRSA, both agencies share risk management principles that minimise regulatory burden and duplication. In practice, to avoid duplication, butcher shops that sell food other than meat and conduct activities regulated under the Food Act 2001 are inspected by PIRSA officers. A number of PIRSA officers have been appointed authorised officers under the Food Act 2001.

During 2024-2025, 757 audits were conducted by Biosecurity officers on 401 butcher shops including supermarkets, where a component of audits may address other retail activities regulated under the Food Act 2001.

During the audits, 87 Corrective Action Requests (CARs) were issued which related to their food safety program, hygiene or construction, and required follow up visits. No expiation notices or penalties were issued.