Is there a food contact materials regulation in Australia?

Not a standalone one. Standard 3.2.2 requires food businesses to use packaging fit for purpose and not likely to contaminate food, and Standard 1.4.1 limits some contaminants that can come from packaging.

Do I need a declaration of compliance for kitchenware in Australia?

No specific declaration is set by law. FSANZ advises food businesses to ask their supplier or manufacturer for assurance that packaging is food-safe, so customers often ask for one.

Is BPA banned in Australia?

FSANZ says previous surveys found very few foods with detectable BPA, and that the Australian Government announced a voluntary phase-out of BPA in polycarbonate baby bottles in 2010. FSANZ continues to monitor it.

Are phthalates restricted in baby feeding products?

Yes. Eating vessels and utensils for children up to 36 months, including feeding bottles, sip cups, bowls, plates and cutlery, are banned if a part that can be sucked or chewed contains more than 1% DEHP.

Does imported crockery need a label?

Articles of china, porcelain, earthenware or enamelled hollowware for serving food, or that are kitchenware, cannot be imported without an English trade description with the country where they were made.

Which Australian Standard covers plastics for food contact?

FSANZ refers to AS 2070-1999, the Australian Standard for plastic materials for food contact use, on its food packaging page.

What does Standard 3.2.2 say about packaging?

Clause 9: when packaging food, a food business only uses packaging material that is fit for its intended use and not likely to cause food contamination, and ensures there is no likelihood of contamination during packing.

Can I call my product 'dishwasher safe'?

Only if it is true. Misleading or deceptive conduct is prohibited by section 18 of the Australian Consumer Law, and goods must match any description given under the consumer guarantees.

How does Compliant Always help with selling in Australia?

Our team reads the rules for the markets you sell in, including the Commonwealth, state and territory layers in Australia. Compliant Always shows which apply to your product and keeps the documents behind each one ready. It shows what the requirements say and what your documents show; you decide.

Selling kitchenware and food contact materials in Australia

In Australia, the Food Standards Code requires food businesses to use packaging fit for its purpose and unlikely to contaminate food, and Standard 1.4.1 limits some contaminants in food. Children's eating utensils with more than 1% DEHP are banned, and imported china and kitchenware need a trade description.

Updated 2026-10-27 · Each section links to the official source it comes from

Packaging duty: Standard 3.2.2, clause 9 (food businesses in Australia)
Contaminants: Standard 1.4.1 and Schedule 19
Plastics reference: AS 2070-1999, cited by FSANZ
Children's utensils: Permanent ban above 1% DEHP
Imports: Trade description for china, porcelain and enamelled hollowware
Consumer law: Consumer guarantees and misleading claims

Before a product goes on sale

The questions to answer, in the order they usually come up.

1Will your customer use the article to package or handle food for sale? Read more
2Does the supplier vouch that the material is food-safe for the food and conditions of use? Read more
3Is the article an eating vessel or utensil for children up to 36 months? Read more
4Is it made of china, porcelain, earthenware or enamelled hollowware, and imported? Read more
5Can claims such as 'BPA free' or 'dishwasher safe' be backed up? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Food packaging under the Food Standards Code

The duty on food businesses that pack food, and what it means for their suppliers.

When packaging food, a food business only uses packaging material fit for its intended use and not likely to cause food contamination, and makes sure the food cannot become contaminated during packing (Standard 3.2.2, clause 9).
FSANZ says Standard 1.4.1 sets maximum levels of some contaminants that may be present in food as a result of contact with packaging, and that state and territory Food Acts also refer to packaging safety.
FSANZ advises food businesses to ask the supplier or manufacturer for assurance that the material is food-safe, and to check it suits the food and conditions such as freezing, microwaving or dishwashers.
FSANZ cites AS 2070-1999, the Australian Standard for plastic materials for food contact use.

How we help: Compliant Always keeps supplier declarations and migration test reports with each article and material, dated, so they are ready when a food business customer asks. Ask about this

Children's eating vessels and utensils

The permanent ban on DEHP in articles for young children.

Eating vessels and utensils for children up to 36 months, including feeding bottles, sip cups, bowls, plates and cutlery, are banned if they contain more than 1% DEHP in a part that can be sucked or chewed.
A person must not supply goods covered by a permanent ban (section 118 of the Australian Consumer Law).
FSANZ says the Australian Government announced a voluntary phase-out of BPA in polycarbonate baby bottles in 2010.

How we help: Upload a lab report and Compliant Always reads the phthalate results against the ban, and keeps the report with each product. Ask about this

Imported kitchenware

Trade descriptions for tableware and kitchenware brought into Australia.

Articles of china, porcelain, earthenware or enamelled hollowware used for serving food, or that are kitchenware or kitchen utensils, cannot be imported without a trade description.
The trade description is in English, with a true description of the goods and the country where they were made or produced, in prominent and legible characters.
On prepacked goods it is marked on the package or a label attached to it; otherwise it is a principal label or brand attached to the goods as permanently as practicable.
Other kitchenware imported as prepacked articles also needs a trade description.

How we help: Compliant Always reads your packaging and product marking for the trade description, and keeps the photos with each consignment. Ask about this

Claims and consumer law

What the Australian Consumer Law expects of what you say about kitchenware.

Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law)

A person must not, in trade or commerce, engage in conduct that is misleading or deceptive (section 18), so claims such as 'BPA free', 'oven safe' or 'dishwasher safe' need evidence behind them.
Goods supplied to consumers carry consumer guarantees, including acceptable quality and matching any description given.
A supplier notifies the Commonwealth Minister within 2 days of becoming aware of a death or serious injury or illness that may have been caused by its goods (section 131).

How we help: Compliant Always keeps the test evidence behind each claim on your packaging and listings, and shows claims with no evidence on record. Ask about this

Who answers for what

Who	What they answer for	How we help
Manufacturer	Materials that are fit for food contact, and evidence for the claims made.	Material declarations and test reports kept by article.
Importer	The trade description and the DEHP ban for children's articles.	Supplier documents read and dated before the goods arrive.
Food business customer	Using packaging that is fit for purpose and not likely to contaminate food.	Declarations from your record, ready for its questionnaires.

States and territories

Food standards are developed by FSANZ and adopted without variation by the states and territories, whose agencies and local councils enforce the Food Standards Code. The Department of Agriculture, Fisheries and Forestry enforces it at the border.

The Australian Consumer Law is enforced by the ACCC for widespread issues and by state and territory consumer protection agencies, which handle individual complaints.

Other products in Australia

Selling consumer products in Australia

Kitchenware and food contact articles in other markets

Questions businesses ask

Is there a food contact materials regulation in Australia?: Not a standalone one. Standard 3.2.2 requires food businesses to use packaging fit for purpose and not likely to contaminate food, and Standard 1.4.1 limits some contaminants that can come from packaging.
Do I need a declaration of compliance for kitchenware in Australia?: No specific declaration is set by law. FSANZ advises food businesses to ask their supplier or manufacturer for assurance that packaging is food-safe, so customers often ask for one.
Is BPA banned in Australia?: FSANZ says previous surveys found very few foods with detectable BPA, and that the Australian Government announced a voluntary phase-out of BPA in polycarbonate baby bottles in 2010. FSANZ continues to monitor it.
Are phthalates restricted in baby feeding products?: Yes. Eating vessels and utensils for children up to 36 months, including feeding bottles, sip cups, bowls, plates and cutlery, are banned if a part that can be sucked or chewed contains more than 1% DEHP.
Does imported crockery need a label?: Articles of china, porcelain, earthenware or enamelled hollowware for serving food, or that are kitchenware, cannot be imported without an English trade description with the country where they were made.
Which Australian Standard covers plastics for food contact?: FSANZ refers to AS 2070-1999, the Australian Standard for plastic materials for food contact use, on its food packaging page.
What does Standard 3.2.2 say about packaging?: Clause 9: when packaging food, a food business only uses packaging material that is fit for its intended use and not likely to cause food contamination, and ensures there is no likelihood of contamination during packing.
Can I call my product 'dishwasher safe'?: Only if it is true. Misleading or deceptive conduct is prohibited by section 18 of the Australian Consumer Law, and goods must match any description given under the consumer guarantees.
How does Compliant Always help with selling in Australia?: Our team reads the rules for the markets you sell in, including the Commonwealth, state and territory layers in Australia. Compliant Always shows which apply to your product and keeps the documents behind each one ready. It shows what the requirements say and what your documents show; you decide.

Sources

FSANZ: Food packaging read 2026-10-27
FSANZ: Chemicals in food packaging read 2026-10-27
Food Standards Code, Standard 3.2.2, food safety practices and general requirements read 2026-10-27
Food Standards Code, Standard 1.4.1, contaminants and natural toxicants read 2026-10-27
Permanent ban on children's products containing more than 1% DEHP (CPN 11 of 2011) read 2026-10-27
Commerce (Trade Descriptions) Regulation 2016 read 2026-10-27
Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law) read 2026-10-27
business.gov.au: Australian Consumer Law and your business read 2026-10-27
business.gov.au: Labelling your products read 2026-10-27
FSANZ: Bisphenol A (BPA) read 2026-10-27

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Australia and what your paperwork needs to show.

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