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Introduction
Ensuring the safety of food is essential to prevent further harm and suffering to those affected by a disaster. Foodborne illnesses can exacerbate the health challenges faced by disaster survivors and undermine the effectiveness of relief efforts.
Organisations involved in food preparation or distribution during disasters must take all necessary precautions to ensure the safety of the food they provide. This includes following proper food handling and storage practices, complying with food safety regulations, and monitoring for signs of contamination.
Food safety in Australia is regulated primarily by the Food Standards Australia New Zealand (FSANZ), a bi-national agency responsible for setting and administering food standards for both Australia and New Zealand.
The Australia New Zealand Food Standards Code is the primary piece of legislation governing food safety in Australia. This code sets out standards for food safety and hygiene, food premises and equipment, as well as labelling, composition, and advertising.
Note
State and territory governments also have specific food safety legislation and regulations that may apply in addition to the Food Standards Code. These laws cover areas such as food business registration, inspections, and enforcement.
Limited protections for not-for-profit organisations
While organisations have a duty to ensure food they store and handle is safe under food safety laws, there is some protection from liability for not-for-profit organisation that donate or distribute food. However, the protection available differs between states and territories.
Note – each state and territory has different laws regarding liability for the donation and distribution of food
Your organisation should consider its role in any food donation or distribution process, and check the specific protections that apply in the states and territories where your organisation operates.
New South Wales and Tasmania – an organisation that donates or distributes food does not incur any civil liability in respect of death or personal injury that results from the consumption of the food if:
- the donor donated or distributed the food in good faith, for a charitable or benevolent purpose, and with the intention that the consumer would not have to pay for the food
- the food was safe to consume at the time it left the possession or control of the food donor or distributor
- where the food was a type of food that needed to be handled in a particular way to make sure it remained safe for consumption, the donor or distributor let the person know about the particular way that the food needed to be handled, and
- where the food would have only remained safe for consumption for a particular period of time after it was donated or distributed, the donor let the person know about that period of time
South Australia – an organisation that donates food does not incur any civil liability for loss of life or personal injury arising from consumption of the food donated or distributed if the donor:
- acts without expectation of payment or other consideration and for a charitable or benevolent purpose, and
- intends that the consumer will not have to pay for food
This protection in South Australia does not apply if the food donor or distributor knew or was recklessly indifferent to the fact that when the food left the possession or control of the food donor or distributor it was unsafe.
Where protection for an organisation that donates and distributes food is limited:
Queensland – only organisations that donate or distribute food to other organisations are protected from liability.
However, no protection exists in cases where an organisation:
- has a legal obligation to have a certain type of insurance, and
- failed to do so
There is no protection for organisations that ultimately distribute food to consumers.
Victoria – protections for distributors of food are not specifically provided and only apply to donors of food. It is not clear whether protections extend to not-for-profit organisations that distribute food to people that is donated by other people.
The same restrictions apply in Western Australia, the Northern Territory and the ACT.
What if food distributed is unsafe?
If an individual becomes sick because of consuming food distributed by an organisation, the organisation could face:
- legal action for negligence or other civil action
- criminal charges in cases where the contaminated food results in serious harm or death
- action by food safety regulators, such as FSANZ, which may result in fines, penalties, or revocation of food licenses
- damage to the organisation’s reputation
A food safety incident can severely damage an organisation's reputation, leading to a loss of trust and support from the community.
To mitigate the risk of these consequences, organisations involved in food distribution during disasters should:
- follow food safety guidelines, including developing food safety protocols (clear guidelines for food handling, storage, and preparation)
- train staff in food safety procedures and understanding the importance of maintaining hygiene standards
- regularly inspect food preparation facilities and equipment to ensure they are clean and safe
- regularly monitor food supplies for signs of spoilage or contamination, and
- keep stakeholders informed about any food safety concerns or recalls
For more information, see our guides to holding events for each state and territory, which cover food safety laws.
Disclaimer: These resources provide general information about legal issues that may arise for not-for-profit organisations in managing disasters. This information is a guide only and is not legal advice. If you or your organisation has a specific legal issue, you should seek legal advice before deciding what to do. See full disclaimer and copyright notice.
The content on this webpage was last updated in December 2024.
