The venue prepares and serves it. When a restaurant cooks and plates the dish, the food is its product, and a claim is likely to point at its products liability. Your duty is to run the tour carefully: collect allergies accurately, pass them on in writing, and make sure each guest knows which dish is theirs. In 2014, a Japanese tour group ate food from a Gold Coast restaurant and then flew to Sydney, where 12 of the 27 passengers fell ill and four were hospitalised overnight. Investigators linked it to poor food handling at the restaurant, according to a report in the World Health Organization's Western Pacific Surveillance and Response journal.
Your tour supplies it. A tasting box you pack, snacks your guide buys and hands out, or a picnic you put together makes the food your product. Products liability can respond to a reaction or injury it causes. Standard 3.2.2A of the Food Standards Code, which took effect in December 2023, applies to food service, catering and retail businesses that handle unpackaged, potentially hazardous food that is ready to eat. It can require a food safety supervisor certified within the past five years and food handler training. Ask your council or state food authority whether your tour is caught.
Allergen information is a legal requirement, not a courtesy. Plain English allergen labelling has applied to packaged food since 25 February 2024: allergens are declared in bold using set names, with a separate "contains" statement. For food that doesn't need a label, such as a dish at a cafe or takeaway, Food Standards Australia New Zealand says allergen declarations must be displayed with the food or given to the purchaser on request. So you can ask every venue on your route for its allergen information in writing, and you should be able to give the same for anything you hand out.
Illness is the grey area. At least one specialist tour operator wording we place treats food as a product, but it also excludes communicable diseases and any disease notifiable to government, under both public liability and PI. Salmonellosis, listeriosis, campylobacteriosis, Shiga toxin-producing E. coli (STEC) and hepatitis A are all on the national notifiable disease list. States keep their own lists too, and the communicable disease exclusion doesn't depend on any list, so an illness that isn't notifiable can still be excluded. Wordings differ: at least one published Australian tour operator wording has no communicable disease exclusion in its base wording, though endorsements and schedules can change any wording, while the wording we place mentioned above has one. Ask the underwriter how they would treat a group illness claim before you bind, and keep each venue's certificate of currency on file so a claim can be passed to the business whose food caused it. More in food and alcohol on tours and what's covered and what's excluded.