Food Safety Supervisor NSW | Coverage of The Term Sale in Food Business

Food Safety Supervisor NSW


Let’s be honest, the purpose of food businesses is to sell. From foodstuffs to the service of said foodstuffs, food businesses cater – pun unintended – to the universal need to feed. There are nuances to the food industry, from supply end to service end. But one thing can be agreed on: every food item intended to be sold within New South Wales is covered by the Food Act 2003. The Act is exhaustive in its definition of what “sale” means in this context.


Here are the myriad definitions provided by the Food Act 2003 regarding what qualifies as the sale of foodstuffs:


  • To barter, offer, or attempt to sell food.
  • To receive any food for sale.
  • To have in possession for sale any food.
  • To display any food for sale.
  • To cause or permit any food to be sold or offered for sale.
  • To send, forward, or deliver any food for sale.
  • To dispose of any food by any method for valuable consideration.
  • To dispose of any food to an agent for sale on consignment.
  • To provide any food under a contract of service.
  • To supply food as a meal or part of a meal to an employee, in accordance with a term of an award governing the employment of the employee or a term of the employee’s contract of service, for consumption by the employee at the employee’s place of work.
  • To dispose of any food by way of raffle, lottery, or other game of chance, or to offer food as a prize or reward.
  • To give food away for the purpose of advertisement or in furtherance of trade or business.
  • To supply food under a contract (whether or not the contract is made with the consumer of the food), together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service, or entertainment.
  • To supply food (whether or not for consideration) in the course of providing services to patients in public hospitals (within the meaning of the Health Services Act 1997) or inmates in correctional centres (within the meaning of the Crimes – Administration of Sentences – Act 1999).
  • To sell food for the purpose of resale.


To wit, “Sale” covers a wide definition that includes promotional giveaways, as well as the disposal of food items. Offloading food items to a reseller counts under “sale”. Providing employees with food as part of their compensation for working in a food business also qualifies as a sale. Serving, selling, or supplying food in coordination with an accommodation, service, or entertainment provider (e.g. food being served at a concert or at a hotel) counts as a sale. Promotional giveaways, such as free samples or online games, are also covered under the definitions provided.


What does all this mean, in the context of a food business? Basically, this: any transaction that involves food being handed from one person to another qualifies as a sale. While an exception may be made for the disposal of foodstuffs, even the disposal itself is governed by the Food Act 2003, as there are guidelines for the appropriate and safe disposal of such.

The handling of food with regards to food business sales requires training. Ensuring food safety and responsible food service is a crucial part of any food business’ daily processes. For those interested in a career in the food industry, the Food Safety Supervisor NSW course is a requirement. The course is available through online, so sign up today!