New food safety laws for businesses that grow or carry out primary processing of leafy vegetables will take effect in New South Wales on 12 February 2026. These rules sit within Standard 4.2.8 of the Australia New Zealand Food Standards Code and the NSW Food Regulation 2025. They apply to growers who cultivate more than two hectares of leafy vegetables. Smaller growers should refer to the guidance developed specifically for small scale operations, and separate rules also apply to leafy vegetable processors.
Leafy vegetables include any plant where the leaf is eaten raw. This covers all varieties of lettuce, spinach leaves, leafy herbs such as parsley, basil, coriander, dill, fennel leaves, mint, thyme, rosemary, oregano, marjoram and chives, as well as cabbage, Asian leafy greens like bok choy, spring onions, silverbeet, Swiss chard, kale, microgreens, chicory and watercress. Vegetables that are not classed as leafy vegetables include broccoli, broccolini, cauliflower, asparagus, artichokes, root and tuber vegetables, bulb vegetables, brussel sprouts, kohlrabi, cucumbers, peppers, eggplant, rhubarb, seed sprouts, squash, celery and leek.
The regulations do not apply to activities such as cooking, freezing, drying, preserving, blending, juicing or adding other foods to leafy vegetables. Retail handling, selling leafy vegetable plants through a nursery, or growing for personal consumption are also outside the scope of the new rules.
From February 2026, any business that grows more than two hectares of leafy vegetables, or carries out primary processing activities like washing, trimming, sorting, sanitising, packing or combining leafy vegetables after harvest, will need to hold a NSW Food Authority licence. The licence fee will be waived through to February 2027. After that date, growers with between two and ten hectares will pay a modest annual fee, while growers with more than ten hectares will pay a higher amount. The application fee will only apply to new applications lodged from February 2027 onward. The Food Authority expects updated online licence application tools to be ready by December 2025.
Growers certified under recognised Global Food Safety Initiative schemes such as Freshcare, SQF, GLOBAL G.A.P or BRCGS will be treated as meeting the national standard. These businesses must still apply for a licence and comply with the standard, but can continue to rely on audits delivered through their chosen scheme. They will not need an additional food safety management statement or food safety program.
Growers with two to ten hectares who are not already certified to one of these schemes must develop a food safety management statement that outlines their activities and the way they manage risks. The Food Authority is building an online tool to help growers prepare this document, expected to be available in early 2026. Growers with more than ten hectares who are not certified to an industry scheme must create a full food safety program, which is a written document showing how the business has identified and manages food safety hazards. A template and guide are available, but each business is responsible for customising the program so it aligns with its own hazards and practices. Scheme certified growers do not need to create a separate food safety program.
Growers who sell produce directly to consumers, whether through farm gate sales, vegetable boxes or farmers markets, must notify their local council in addition to holding a Food Authority licence. Councils oversee retail food activities, while the Food Authority regulates growing, processing and wholesale sales. If produce is sold in another council area, the home council must be notified and the grower may need to arrange a temporary permit.
Traceability rules require growers to keep records of who they sell to and who they receive produce from. These requirements apply only to wholesale transactions and not direct-to-consumer sales.
Growers must make sure their growing sites do not make produce unsafe. This involves identifying and assessing risks, especially if nearby activities such as dairy, beef, poultry or pig farming could create microbial hazards through dust, rain or flooding. Where risks exist, the grower must act to reduce or manage them. Measures like windbreaks, drainage management, runoff control, crop selection and careful timing can help protect crops.
Inputs must also be controlled. Soil, fertiliser, seeds, seedlings and water must not contaminate produce with harmful microorganisms, chemicals or foreign matter. Commercial fertilisers are the safest option, and raw manure should not be used for short term crops like leafy vegetables and herbs. Several guides are available to help growers manage fertilisers and soil amendments safely.
Water use is a central food safety concern. Agricultural water used for irrigation or for applying chemicals should not contain E. coli above 100 cfu per 100 ml. Water quality can shift quickly, so growers should assess their water sources often, protect water from animals, and consider the effect of rainfall, flooding or spills. Records of irrigation sites and water sources must be kept. Post harvest water must always be clean and safe, and potable water must be used for final washes and sanitising. Pre washing with agricultural water is allowed if it is immediately followed by a potable water wash. Treatment methods like chlorine or UV may be needed if town water is not available.
Water should be tested regularly, especially before the growing season or in summer, with extra tests following events that could affect water quality. Free testing is available through the NSW Food Authority, or growers may use a laboratory of their choice.
Under the national standard, growers must take reasonable steps to remove visible material from harvested produce. Washing with potable water is the most effective method. Sanitising is optional and must only occur after washing. Any washing or sanitising must not compromise the safety of the product.
Once produce is picked, temperature must be controlled to keep it safe and maintain quality. Poor temperature management shortens shelf life and increases risk.
All structures, equipment and vehicles used for growing, harvesting or processing leafy vegetables must be kept in good condition, clean and suitable for food production. Poor facilities increase the chance of contamination.
Workers must understand the food safety risks linked with their work. No formal qualifications are needed, but training must match the level of risk. A person who trims and washes produce may need different skills than someone who services machinery, but both must know how to protect food safety.
Hygiene matters. Anyone working with or around produce must follow good personal hygiene, wear clean clothing, avoid handling food when sick, cover wounds and wash their hands whenever contamination is possible. Activities like smoking, chewing gum, eating or coughing near produce are not allowed. Visitors must also be managed carefully with site inductions, written guidance, signs and health declarations.
Severe weather events can make produce unsafe. Floodwater contact is a clear risk, and produce touched by floodwater must not be sold. Businesses should understand how dust storms, droughts and floods can affect food safety and act to prevent unsafe food reaching consumers.
Growers must also limit access by animals, vermin and pests. They must consider how animals might reach crops or equipment and then act to reduce that risk, often through fencing and maintaining distance between livestock and growing sites.
Inspections and audits for leafy vegetable growers will not begin until February 2027 unless required earlier due to a public health concern. For the first year after the new laws take effect, the Food Authority will focus on education to help businesses adapt. After that, growers with more than two hectares who are not scheme certified will be part of a compliance program. Scheme certified businesses will continue to be audited by their own scheme, although the Food Authority may still visit if required due to compliance concerns or food related incidents.
Source: New South Wales Food Authoity
