Category one or category two?

Last reviewed 26 September 2026About 3 minutes to read

In short

What the rule is
Standard 3.2.2A sorts businesses into two categories by what they do with unpackaged, potentially hazardous, ready to eat food.
Who it applies to
Category one makes that food. Category two sells it without making it. A business doing both is category one.
What you need to do
Work out your category from what you actually do, and confirm it with your local government if you are unsure.
What this does not require
Category two does not need the evidence tool, so it has no records to keep under clause 12.

What the rule says

Category one (clause 6) is a caterer or food service business that processes unpackaged potentially hazardous food into food that is both potentially hazardous and ready to eat.

Category two (clause 7) is a retailer of potentially hazardous, ready to eat food that it received or unpacked but did not make or process itself. Handling limited to slicing, weighing, repacking, reheating or hot holding keeps a retailer in category two.

A business that does both is classed by its higher risk activity, which makes it category one.

  • Food safety supervisor (clause 11): both categories.
  • Food handler training (clause 10): both categories.
  • Evidence tool, records or demonstration (clause 12): category one only.

Who it applies to

Nearly every hospitality kitchen is category one. WA Health's guide names restaurants, cafés, takeaway shops, caterers, bakeries, mobile vendors, hospitals and childcare centres as category one examples.

Category two is mostly retail: a service station selling pies from a warmer, or a shop selling sandwiches made by someone else.

Fundraising events are exempt from the standard (clause 3(2)).

By sector: Retail and Supermarkets, Cafés and Bakeries

What it looks like in practice

These questions give a likely answer. They are not a ruling.

  • Do you handle food that needs temperature control and is eaten without further cooking? If not, the standard may not reach you at all.
  • Is that food unpackaged when you handle it?
  • Do you make or process it yourself, for example by cooking or assembling it? If so, you are likely category one. Slicing, weighing, repacking, reheating or hot holding food that someone else made does not by itself make a retailer category one.
  • If you only sell food someone else made, and at most slice, weigh, repack, reheat or hot hold it, you are likely category two.

Your category can change. A deli that starts making sandwiches moves from category two to category one and picks up clause 12.

What you are not required to do

  • Category two does not need the evidence tool, so it has no records to keep under clause 12. It still needs a supervisor and trained handlers.
  • Neither category needs a written food safety program or a third party audit unless Standard 3.3.1 applies to the business.
  • Neither category needs a certificate for every food handler.

Doing it in Hospitality Shield

Checklists in Hospitality Shield belong to the venue, so a category two venue can keep its supervisor and training details and leave off daily logs it has no need for. A category one venue can add a check for each prescribed provision it carries out.

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Asked about this rule

Who decides my category?

The standard sets the tests. Your local government's environmental health officer applies them to your premises, so confirm with them if you are unsure.

We only reheat pies we buy in. Which category are we?

Reheating and hot holding food you did not make are among the steps that keep a retailer in category two, provided you do not otherwise make or process the food (clause 7). Confirm it with your local government.

What happens if we change the menu?

Your category follows what you do. If you start making ready to eat food yourself, you are likely to move into category one and the evidence tool then applies.

Sources

  1. Standard 3.2.2A Food Safety Management Tools, Federal Register of Legislation
  2. Overview of the food safety management tools, Food Standards Australia New Zealand
  3. Food safety management tools for food businesses, WA Department of Health
  4. Guide for food businesses on Food Safety Standard 3.2.2A, WA Department of Health

General information about the rules in Western Australia. It is not legal advice. Your local government's environmental health officer decides how the rules apply to your premises.