Restaurant Food Labelling Requirements in Australia

Food labelling in Australia is not just about packaging. For restaurants, cafés, and food service businesses, labelling obligations extend to menus, allergen declarations, food sold at the counter, and packaged goods sold for takeaway. Getting this wrong is not a technicality — it can cause serious harm to customers with food allergies, and it can attract substantial penalties under both federal and state food safety laws.

This guide covers the food labelling requirements that apply specifically to food service businesses in Australia: what must be disclosed, what the allergen rules require, how country of origin labelling works, and what you risk if you fall short.

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The Legal Framework

Food labelling for restaurants and food businesses sits across several laws and standards:

• Australia New Zealand Food Standards Code — the primary regulatory instrument, administered by Food Standards Australia New Zealand (FSANZ). Standard 1.2 covers labelling, Standard 1.2.3 covers mandatory warnings, and Standard 1.2.4 covers statement of ingredients and allergen declarations.
• Food Act (each state and territory) — enforces the Food Standards Code at state level and imposes penalties for breaches
• Australian Consumer Law (ACL) — prohibits misleading and deceptive conduct in food marketing, including labelling
• Country of Origin Food Labelling Information Standard 2016 — administered by the ACCC, applies to most food for retail sale

State food safety regulators (such as NSW Food Authority, Safe Food Production Queensland, Dairy Food Safety Victoria) enforce compliance through inspections and penalties.

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Allergen Labelling — Your Most Critical Obligation

Allergen labelling is the highest-risk labelling obligation for restaurants. Anaphylaxis is a life-threatening allergic reaction, and food service businesses have caused fatalities when allergen information was inaccurate or not communicated.

The 14 Mandatory Allergens

Under the Australia New Zealand Food Standards Code (Standard 1.2.3), the following are mandatory declaration allergens when present in food:

1. Peanuts
2. Tree nuts (cashews, almonds, walnuts, etc.)
3. Milk
4. Eggs
5. Sesame seeds
6. Fish
7. Shellfish
8. Soy
9. Wheat (and other gluten-containing cereals: rye, barley, oats)
10. Lupin
11. Added sulphites (concentrations of 10 mg/kg or more)
12. Bee pollen
13. Royal jelly
14. Propolis

Note: Gluten-free claims are also regulated — you cannot label food as gluten-free unless it contains no detectable gluten.

What the Food Standards Code Requires

For packaged food sold at retail (e.g., pre-packaged meals, condiments sold in your deli), allergens must be declared on the label using specific wording (e.g., "Contains: milk, wheat, peanuts").

For unpackaged food sold in restaurants, cafés, and takeaway shops — the standard is different, and this is where many food service businesses make mistakes.

Unpackaged Food and the "Reasonable Enquiry" Standard

The Food Standards Code does not require restaurants to display allergen information on every menu item — but it does require that you provide accurate allergen information when requested. This means:

• If a customer asks whether a dish contains a specific allergen, you must be able to give an accurate answer
• Staff must be trained to understand what allergens are present in each dish
• If you cannot confirm with certainty (e.g., you use shared equipment or suppliers cannot confirm their ingredients), you must disclose that uncertainty

Giving an inaccurate allergen response — even accidentally — can be a breach of the Food Standards Code and the Australian Consumer Law.

May Contain / Cross-Contamination Statements

"May contain" statements (warning of potential cross-contamination) are voluntary for most food businesses in Australia. However, if a customer asks and cross-contamination is a genuine risk in your kitchen, you should disclose it. A customer who relies on your statement that a dish is "safe" for their allergy and subsequently suffers anaphylaxis could be the basis of a serious civil claim or prosecution.

FSANZ Proposed Reforms (2024–2026)

FSANZ has been consulting on mandatory allergen menu labelling for food service — requiring allergen information to be displayed on menus or available in written form rather than only disclosed on request. As at mid-2026, the reform has not been finalised, but it is advancing through the regulatory process. Food businesses should monitor FSANZ consultation updates and prepare for the possibility of mandatory written allergen disclosure.

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Menu Requirements and Accuracy

Beyond allergens, food service businesses must ensure their menus comply with the Australian Consumer Law.

Misleading Menu Descriptions

Under the ACL, you cannot make false or misleading representations about the nature, characteristics, or suitability of food. This includes:

• Describing food as "fresh" if it is frozen or reconstituted
• Claiming a dish is "homemade" if it is commercially prepared
• Misrepresenting the origin of key ingredients (e.g., "local" produce that is not local)
• Listing ingredients that are not present, or omitting ingredients that are present

The ACCC has taken action against food businesses for misleading country of origin claims and false "fresh" descriptions. Fines under the ACL for corporations can reach $50 million, though the typical enforcement tool for small operators is compliance remedies and education before escalating to court action.

Pricing and GST

Menu prices must include GST — displaying a price and then adding GST at checkout is a breach of the ACL requirement that advertised prices be the total price payable. Service charges added to bills must be clearly disclosed.

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Nutrition Information Panels (NIP) — When Required

Nutrition information panels are required for packaged food sold at retail but are not mandatory for unpackaged food sold at a café or restaurant counter. However:

• If you make a nutrition claim (e.g., "low fat", "high protein", "rich in fibre"), the claim triggers a mandatory NIP requirement even for food served in a food service context
• If you sell pre-packaged items for off-premises consumption (e.g., ready meals, condiment jars), full labelling including NIP applies

Use-By and Best Before Dates

Pre-packaged food sold from your premises must display either a use-by date or a best before date:

• Use-by date: Food must not be sold after this date. Required for safety-sensitive products (e.g., ready-to-eat meals, dairy)
• Best before date: Indicates quality; food may be sold after this date if it remains safe, though this must be clearly communicated

Selling food past its use-by date is a serious offence under the Food Standards Code.

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Country of Origin Labelling

Country of origin labelling (CoOL) is regulated by the Country of Origin Food Labelling Information Standard 2016, administered by the ACCC. The full requirements apply primarily to unprocessed and processed food sold for retail.

What This Means for Restaurants

Country of origin labelling in its full form (the "bar chart" origin claim labels with Australian content percentage) is aimed at packaged food sold through retail channels — supermarkets, delis, and packaged takeaway. It does not apply to food sold for immediate consumption at a food service premise (a restaurant table or a café counter).

However:

• Packaged goods sold for off-premises consumption from a food service business (e.g., branded condiments, bottled sauces, packaged baked goods sold as retail items) are subject to CoOL requirements
• Voluntary origin claims on menus (e.g., "Australian beef", "Victorian dairy") trigger ACL obligations — the claim must be accurate

If you sell food products from a shopfront or online as retail items (not just as part of a sit-down meal), country of origin labelling requirements apply in full.

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Food for Sale at Temporary Events and Markets

Restaurants operating food stalls at markets or events must still comply with allergen disclosure obligations for unpackaged food. Additionally:

• If food is pre-packaged for sale, full labelling including ingredients, allergens, and use-by/best before dates applies
• "Made fresh" claims must be accurate
• If operating across state lines at events, ensure you understand the food safety requirements in each state

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Penalties for Non-Compliance

Under the Food Standards Code

State food safety authorities conduct routine inspections of food businesses. Breaches of the Food Standards Code can result in:

• Improvement notices — requiring specific rectification within a timeframe
• Penalty infringement notices (on-the-spot fines) — commonly $660–$1,320 per offence for minor breaches in NSW; other states have similar schemes
• Prosecution — for serious or repeated breaches; maximum penalties vary by state but can reach $100,000+ for serious offences
• Closure orders — immediate closure of the premises for serious food safety breaches

Under the Australian Consumer Law

ACCC enforcement for misleading food labelling claims:

• Infringement notices: $13,320 per contravention for corporations
• Court-imposed civil penalties: up to $50 million per contravention for corporations; $2.5 million for individuals
• Enforceable undertakings and injunctions

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Allergen Compliance Checklist for Restaurants

• Maintain an up-to-date allergen matrix for all menu items
• Train all kitchen and front-of-house staff on allergen awareness and how to respond to customer queries
• Document procedures for handling allergen requests, including cross-contamination risks
• Update allergen records whenever recipes or suppliers change
• If selling pre-packaged items (retail), ensure labels include full ingredient list and allergen declaration
• Review FSANZ updates on mandatory allergen menu labelling reforms
• Ensure all menu descriptions are accurate and not misleading under ACL
• Check use-by and best before dates on all products before service

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Food Labelling Compliance Without the Guesswork

Keeping up with food labelling law changes — from FSANZ reform consultations to state-level penalty increases — is a continuous obligation for food service businesses. And it sits alongside your other compliance obligations: Fair Work, BAS, food safety registration renewals, and liquor licensing.

Reguladar helps Australian hospitality businesses track their regulatory obligations across employment law, tax, WHS, and food safety — in one place, with deadline alerts. Start your free compliance check at Reguladar to see your full picture of obligations.