Part 1Preliminary1Short titleThis regulation may be cited as the Food Regulation 2026.2DefinitionsThe dictionary in schedule 4 defines particular words used in this regulation.Part 2Licensable food businesses3Foods prescribed for meaning of licensable food business—Act, s 48(1)For section 48(2)(k) of the Act—

(a)food mentioned in schedule 1, part 1 is prescribed; and

(b)a meal sold by a non-profit organisation is prescribed if—

(i)the organisation is a surf lifesaving club; and

(ii)a member of the club is involved in the preparation of the meal; and

(iii)the meal is sold to a member of the club for a nominal amount.

(2)However, food mentioned in schedule 1, part 1 is not included under subsection (1)(a) if the food is in a form that makes it potentially hazardous food.Examples—couscous in a salad, pasta that is cooked(3)For section 48(3) of the Act, definition snack food, paragraph (d), the food mentioned in schedule 1, part 2 is prescribed.4Display of licence details on mobile premises—Act, s 69For section 69(1)(c)(ii) of the Act, the following details of the licence are prescribed—

(a)the name and telephone number of the local government that issued the licence;

(b)the number of the licence as issued by the local government;

(c)the expiry date of the licence;

(d)the full name of the licensee;

(e)if the premises are a vehicle under the Transport Operations (Road Use Management) Act 1995 and the vehicle is required to be registered under that Act—the registration number of the vehicle;Note—See also the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, section 10.

(f)if the premises are a food vending machine—

(i)the serial number of the food vending machine; or

(ii)another unique identifying number or mark of the food vending machine.

Part 3Accredited food safety program5Definitions for partIn this part—delivered meals organisation means a community organisation delivering meals to the homes of frail or aged persons, or persons with a disability.preparatory year means the year of schooling immediately before year 1.private hospital see the Private Health Facilities Act 1999, section 9.process means undertaking an activity to prepare food for sale, including chopping, cooking, drying, fermenting, heating, pasteurising, thawing and washing.public sector hospital means a hospital operated by the State.ready-for-consumption food means food that is ready for consumption, including food that may be reheated, portioned or garnished, or food that undergoes similar finishing prior to service.ready-for-consumption food business means a food business whose principal activity is processing ready-for-consumption food for service in another facility that is—

(a)a relevant facility; or

(b)a private hospital; or

(c)a public sector hospital.

relevant facility means any of the following—

(a)a residential care home;

(b)a facility that provides care, including palliative care, to persons with a terminal illness;

(c)a day hospital under the Private Health Facilities Act 1999 that—

(i)is licensed under part 6 of that Act; and

(ii)provides haemodialysis or cytotoxic infusion health services;

(d)a QEC approved service under the Education and Care Services Act 2013, other than a school age care service under that Act;

(e)an approved education and care service under the Education and Care Services National Law (Queensland), other than—

(i)a family day care service under that Law; or

(ii)an education and care service under that Law providing education and care primarily to children who attend school in the preparatory year or a higher year;

(f)a facility—

(i)that provides respite care or rehabilitative or therapeutic treatment to aged persons; and

(ii)where persons do not stay overnight.

residential care home means an approved residential care home under the Aged Care Act 2024 (Cwlth) in which a funded aged care service within the meaning of that Act is delivered by a registered provider, other than the State, under that Act.respite care means care provided to a person to give the person or their carer a short-term break from their usual care arrangement.6Food businesses for which accredited food safety program required—Act, s 99For section 99(1)(e)(ii) of the Act, the following food businesses are prescribed—

(a)a relevant facility that processes potentially hazardous food for at least 6 persons in the facility’s care at a time;Example—a residential care home or childcare centre that prepares meals for persons in its care

(b)a relevant facility that serves potentially hazardous food to at least 6 persons in the facility’s care at a time;Example—a residential care home that serves meals, prepared by an off-site supplier, to persons in its care

(c)a ready-for-consumption food business processing ready-for-consumption food that—

(i)includes potentially hazardous food; and

(ii)is for service to at least 6 persons at a time;

Example—a cook-chill facility that processes food for service to patients in a private hospital

(d)a food business whose principal activity is processing ready-for-consumption food that—

(i)includes potentially hazardous food; and

(ii)is prepared for at least 6 persons at a time; and

(iii)is for delivery by a delivered meals organisation.

Example—a Meals on Wheels branch that cooks meals for delivery7Exemption from requirement for accredited food safety program—Act, s 99For section 99(2) of the Act, a licensee is exempt if on-site catering is provided—

(a)on not more than 11 occasions in any 12-month period; and

(b)for not more than 199 persons on each occasion.

Part 4Nutritional information for foodDivision 1Meaning of particular terms8Prepackaged food that is not a standard food item—Act, s 164CFor section 164C(5) of the Act, an item of ready-to-eat food is prepackaged if the food—

(a)arrives at the premises where it is sold in a container or wrapper in or by which the food is wholly enclosed, whether or not the food is also in an outer container or wrapper that contains multiple units of the food; and

(b)is not removed from its container or wrapper, other than any outer container or wrapper, before its sale at the premises; and

(c)has a nutrition information panel within the meaning of the food standards code that is easily visible to the person purchasing the food before it is purchased.

9Average energy intake statement—Act, s 164EFor section 164E(6) of the Act, definition average energy intake statement, the following statement is prescribed—‘The average adult daily energy intake is 8,700kJ’.10Prescribed licensable food businesses—Act, s 164E(1)For section 164E(6) of the Act, definition prescribed licensable food business, the following licensable food businesses are prescribed—

(a)a licensable food business that sells standard food items at 20 or more places in Queensland or at 50 or more places in Australia;

(b)a licensable food business that operates in a chain of food businesses that sell standard food items if together the businesses sell standard food items at 20 or more places in Queensland or at 50 or more places in Australia.

(2)However, the following licensable food businesses are not included under subsection (1)—

(a)a cinema;

(b)a convenience store;

(c)a service station selling petrol or other fuel for motor vehicles;

(d)a licensable food business that primarily involves off-site catering or on-site catering;

(e)a licensable food business carried on from mobile premises that are a vehicle;

(f)a licensable food business carried on by a non-profit organisation;Examples—

1the preparation of meals by Meals on Wheels

2a food business operated by a school, sporting club or work social club to raise revenue for the school or club

(g)a licensable food business that primarily provides food services to patients of a health service facility;

(h)a licensable food business that only sells food intended to be consumed on the premises at which it is sold.

(3)Also, a licensable food business is not included under subsection (1) in relation to a standard food item sold by the licensable food business on a trial basis (the trial item) for a period of not more than 60 consecutive days (the trial period) if—

(a)not more than 5 standard food outlets (trial outlets) of the licensable food business in Queensland sell the trial item during all or part of the trial period; and

(b)the trial item has not been sold at any time before the trial period in any of the trial outlets.

(4)In this section—convenience store does not include a supermarket.health service facility means—

(a)a private health facility under the Private Health Facilities Act 1999, section 8; or

(b)a public sector health service facility under the Hospital and Health Boards Act 2011, schedule 2.

Division 2Nutritional information requirements11Working out nutritional information—Act, ss 164E and 164F(1)For sections 164E(2)(b) and 164F(2)(a) of the Act, the average energy content of a standard food item must be worked out—

(a)in the same way the average energy content of a food under the food standards code is calculated (the calculation); and

(b)if the average energy content must be displayed for the whole weight of the item under section 12—by adjusting the calculation to apply it to the whole weight of the item.

(2)The number of kilojoules worked out may be rounded to the nearest 10kJ.12Displaying nutritional information—Act, ss 164E and 164F(1)For sections 164E(2)(c) and 164F(2)(b) of the Act, the average energy content of a standard food item must—

(a)for a standard food outlet that is a supermarket—

(i)be displayed either for the whole weight of the item or 100g of the item; and

(ii)be in the same font and colour, and at least the same font size, as the price or unit price displayed for the item; and

(b)for a standard food outlet that is not a supermarket—

(i)be displayed for the whole weight of the item; and

(ii)be in the same font, font size and colour as the price displayed for the item or, if no price is displayed, as the name displayed for the item; and

(c)be clearly legible; and

(d)display the number of kilojoules in numerals and use the abbreviation ‘kJ’; and

(e)be displayed at the same time and for the same period as—

(i)if only the name or price of the item is displayed—the name or price is displayed for the item; or

(ii)if both the name and price of the item are displayed—the name and price are displayed for the item.

(2)For sections 164E(2)(c) and 164F(2)(b) of the Act, an average energy intake statement must—

(a)be clearly legible; and

(b)for a menu with only 1 standard food item displayed, be in the same font, font size and colour as—

(i)if the name of the item is displayed—the name of the item; or

(ii)if no name is displayed—the price displayed for the item; and

(c)for a menu with 2 or more standard food items displayed, be in the same font, font size and colour as—

(i)if the name of a standard food item is displayed—the name of the standard food item with the largest font size displayed; or

(ii)if no names are displayed—the price of the standard food item with the largest font size displayed; and

(d)for standard food items displayed with a price tag or label or identifying tag or label in any area, display cabinet or stand—be in the same font, font size and colour as the largest font size on the tags or labels for the items in the area, display cabinet or stand; and

(e)be displayed at the same time and for the same period as—

(i)if only the name or price of a standard food item is displayed—the name or price is displayed for the item; or

(ii)if both the name and price of a standard food item are displayed—the name and price are displayed for the item.

(3)In this section—unit price, for a standard food item, means the price for a unit of measurement of the item.13Places for displaying nutritional information—Act, ss 164E and 164F(1)For sections 164E(2)(c) and 164F(2)(b) of the Act, the places prescribed for displaying the average energy content of a standard food item are—

(a)on each menu on which the name or price of the item is displayed; and

(b)on each price tag or label or identifying tag or label for the item; and

(c)for a standard food outlet that has drive-through facilities—on the drive-through menu board that displays the name or price of the item or on a separate adjacent board visible at or before the point of ordering the item; and

(d)adjacent to or in close proximity to the name or price of the item so that it is clearly associated with the item.

(2)The places where the average energy content of a standard food item is displayed are to be consistent with the places where nutritional information is displayed for all other standard food items displayed with that item.(3)For sections 164E(2)(c) and 164F(2)(b) of the Act, the places prescribed for displaying an average energy intake statement for standard food items are—

(a)in at least 1 place on each menu on which the name or price of 1 or more standard food items are displayed; and

(b)in each area or display cabinet, or on each stand, where standard food items with price tags or labels or identifying tags or labels are displayed; and

(c)for a standard food outlet that has drive-through facilities—in 1 place on the drive-through menu board; and

(d)adjacent to or in close proximity to the items so that the statement is clearly associated with the items.

Part 5Miscellaneous14Prescribed contaminants—Act, s 269(1)This section prescribes contaminants that are pathogens or other things that may contaminate food for section 269 of the Act, definition prescribed contaminant.(2)Each contaminant mentioned in schedule 2, part 1 is prescribed if isolated in a prescribed food at any level.(3)Each contaminant mentioned in schedule 2, part 2 is prescribed to the extent the contaminant—

(a)is isolated in a prescribed food mentioned in the compendium, other than an infant formula product; and

(b)is assessed to be at a level that is potentially hazardous for the contaminant in accordance with the compendium.

(4)Each contaminant mentioned in schedule 2, part 3 is prescribed to the extent the contaminant—

(a)is isolated in a prescribed food that is an infant formula product; and

(b)is assessed to be at a level that is more than the acceptable level for the contaminant in accordance with the compendium.

(5)Unless otherwise prescribed by subsection (2), (3) or (4), each contaminant (including a natural toxicant) mentioned in the food standards code, schedule 19 is prescribed to the extent the contaminant—

(a)is isolated in a prescribed food mentioned in that schedule; and

(b)is assessed to be at a level that is more than the maximum level of the contaminant for the food in accordance with that schedule and the code, standard 1.4.1–3.

(6)Unless otherwise prescribed by subsection (2), (3) or (4), each contaminant mentioned in the food standards code, schedule 27 is prescribed to the extent the contaminant—

(a)is isolated in a prescribed food mentioned in that schedule; and

(b)is assessed to be at a level that is unacceptable for the contaminant of the food in accordance with that schedule and the code, standard 1.6.1–2.

(7)In this section—compendium means the document called ‘Compendium of microbiological criteria for food’ published by Food Standards Australia New Zealand.Food Standards Australia New Zealand means the authority of that name continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth), section 12.infant formula product see the food standards code, standard 1.1.2–3.prescribed food means food prescribed under section 270 of the Act.15Food for which notice of isolation of prescribed contaminant required—Act, s 270(1)This section prescribes food for section 270(6) of the Act, definition prescribed food.(2)Food, including a sample of food, that is handled or for sale by a person carrying on a food business is prescribed.(3)However, raw meat, including raw fish, is prescribed only to the extent it is ordinarily consumed in its raw state.Examples—steak tartare, sashimi, oysters16FeesThe fees payable under the Act are stated in schedule 3.Part 6Repeal17RepealThe Food Regulation 2016, SL No. 122 is repealed.Part 7Amendment of Acts Interpretation (Fee Unit) Regulation 202218Regulation amendedThis part amends the Acts Interpretation (Fee Unit) Regulation 2022.19Amendment of sch 1 (Particular Acts)Schedule 1, part 2, ‘Food Regulation 2016’—omit, insert—Food Regulation 2026Schedule 1Foods prescribed for meaning of licensable food businesssection 3Part 1Foods other than snack foods

cereals

cocoa

coconut

couscous

crushed, puffed or toasted nuts, grains and seeds

edible oilExamples—macadamia oil, olive oil, vegetable oil

flour

legumes

lentils

noodles

oats

pasta

preparations for spreading on breadExamples—hazelnut spread, honey, jam, marmalade, peanut butter, vegemite

quinoa

sugar

syrupsExamples—coconut syrup, glucose syrup, golden syrup, malt syrup, maple syrup, rice syrup

Part 2Snack foods

carob

chocolate bars

chocolates

churros

crackers

croissants

doughnuts

dried vegetable chips

friands

meat jerky

muesli bars

muffins

popcorn

pretzels

puffed rice

soy chips

toasted corn

Schedule 2Prescribed contaminants section 14Part 1Contaminants at any level

•Campylobacter (all species)

•Clostridium botulinum, toxin types A, B, E and F

•Cryptosporidium (all species)

•Cyclospora (all species)

•Giardia (all species)

•Hepatitis A

•Hepatitis E

•Listeria monocytogenes

•Salmonella (all species and serovar)

•Shiga toxin-producing Escherichia coli (STEC)

•Shigella (all species)

•Vibrio cholerae

•Vibrio parahaemolyticus

•Vibrio vulnificus

•Yersinia (all species)

Part 2Contaminants at potentially hazardous levels

•Bacillus cereus and other pathogenic Bacillus species

•Clostridium perfringens

•Staphylococcus aureus and other coagulase-positive staphylococci

Part 3Contaminants of infant formula products

•Bacillus cereus

•Coliforms (all species)

•standard plate count

Schedule 3Feessection 16Fee units1Application for an approval as an auditor (Act, s 151(2)(c))—the total of the following—(a)application fee132.00(b)approval fee, for each year of the approval285.002Application for renewal of an approval as an auditor (Act, s 151(2)(c)), for each year of the approval285.003Application for an amendment of the conditions of an approval as an auditor (Act, s 151(2)(c))29.504Application for replacement of a damaged, destroyed, lost or stolen auditor’s approval (Act, s 154(2)(c))29.50Schedule 4Dictionarysection 2delivered meals organisation, for part 3, see section 5.preparatory year, for part 3, see section 5.private hospital, for part 3, see section 5.process, for part 3, see section 5.public sector hospital, for part 3, see section 5.ready-for-consumption food, for part 3, see section 5.ready-for-consumption food business, for part 3, see section 5.relevant facility, for part 3, see section 5.residential care home, for part 3, see section 5.respite care, for part 3, see section 5.supermarket means premises in which more than 1,000m² of floor area is used for the retail sale of food items, including, for example, the following food items—

(a)bread;

(b)breakfast cereal;

(c)butter;

(d)eggs;

(e)flour;

(f)fresh fruit and vegetables;

(g)fresh milk;

(h)meat;

(i)rice;

(j)sugar;

(k)other packaged food.