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The First Five years
Policy Group
Carole Inkster, Director: Policy Group and Joint Food Standards Group
The activities of the Policy Group during NZFSA’s first five years closely mirrored NZFSA’s work across the board to develop a cohesive domestic food safety system and to facilitate trade.
When NZFSA was formed in 2002, it brought together for the first time the management of food safety for consumers in New Zealand with the trade facilitation role and the coordination of New Zealand’s participation in international food policy making.
Creating a seamless, integrated legislative and policy framework for domestic and trade-related food safety does not happen overnight. The creation of NZFSA coincided with a period of intense activity as legislation such as the Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997 and Animal Products Act 1999 had begun to accelerate the transformation of our food safety regime – from a prescriptive system to one based on risk assessment and close involvement of industry and consumers.
During our first five years, this process picked up pace even further. Although some tasks, such as the implementation of the new Food Bill as a result of the Domestic Food Review, do not yet have a start date, the shape and direction of New Zealand’s food safety system became much clearer during this period.
The Policy Group continued to build its capability to meet the requirements for such a broad range of activities. Its work covers all aspects of:
• policy (development, analysis, review and advice – for example policies on wild foods and food from cloned animals)
• legal (opinions, advice, prosecutions, delegations and appointments)
• international policy and standards setting (Codex processes, international food policy)
• servicing the food safety portfolio and the Minister for Food Safety (ministerial correspondence and weekly and monthly reports, briefings, Cabinet material, parliamentary questions, Official Information Act and Ombudsman requests).
Domestic food policy
Food policy has extended the reach of the risk-based approach and regulatory model across all food-related legislation. This will ensure a consistent approach as legislation evolves to reflect changes in New Zealand’s population, the way we eat, and in the sources of our food.
Cost recovery practices right across NZFSA were harmonised following a review during 2006–2007. Cost recovery is now equitable, transparent and robust.
The Domestic Food Review formed a major part of the Policy Group’s work programme during the first five years. The Group led the development of concept papers for the review and, following extensive consultation, developed discussion and policy papers on the transition to a new domestic food safety regime.
To manage the planned five-year transition period to the new regime, the Policy Group promoted the work of an expert panel that developed risk ranking and prioritisation models. These models take into account two groups of food safety factors: first the type of food involved and how it is to be used; and secondly, the organisation and business practices of a sector. For example, does the sector already have risk management programmes in place?
The Group has also been involved in several other areas of work associated with the Domestic Food Review and proposed Food Bill:
• standards and systems, eg, piloting draft Food Control Plans
• standardising compliance protocols
• developing key competencies within the regulator and industry
• performance monitoring, eg, reliable markers to indicate progress in the fight against the four major foodborne pathogens that are of significance to New Zealanders.
Another important milestone was the final implementation of the Animal Products Act 1999 (APA), completing a process that had its genesis in 1991. An amendment to the APA saw the dairy industry regulatory framework moved to a fully risk-based regime under the Act.
The Agricultural Compounds and Veterinary Medicines Act 1997, although a relatively recent piece of legislation implemented in 2001, was based on much earlier policy work. It was becoming apparent that the Act was not addressing some issues – for example there was no mandate to take public health into account. In addition, there was a need to ensure the Act was properly aligned with other, more recent, food safety legislation. During the past two years, the Policy Group has worked closely with the Approvals and ACVM Group to prepare for an amendment to the Act that gives both a broader mandate and takes account of developments in risk management since 1997.
The Group also completed commencement of the Wine Act 2003 and has worked with the New Zealand Standards Group on implementation since it came into force in January 2004.
The Group has also been involved in NZFSA positions in relation to traceability, equivalence (acceptance of another jurisdiction’s ability to deliver equivalent food safety outcomes), precaution and legal processes in relation to tertiary legislation (standards and rules). A major – and challenging – piece of policy work still under development at the end of the first five years focused around the separation of food and therapeutic supplements for the purposes of regulation.
International policy
The trans-Tasman relationship – including our trade in food – is very important for New Zealand. The Trans-Tasman Mutual Recognition Arrangement (TTMRA), which came into effect in 1998, drives regulatory coordination and integration and builds on the 1983 Australia and New Zealand Closer Economic Relations Trade Agreement (CER). These have provided a framework for some excellent progress in food policy work with Australia, around issues such as labelling and fortification.
Trans-Tasman relationships are also underpinned by the 1995 Australia New Zealand Food Standards Setting Treaty. NZFSA was established at the same time as Food Standards Australia New Zealand (FSANZ), the agency that develops labelling and composition standards for Australia and New Zealand. NZFSA and FSANZ were both intent on developing a partnership approach in the joint food standards development area.
A review of the Australia New Zealand Food Standards Setting Treaty will see some changes to the joint food standards Treaty between the two countries and some streamlining in the operation of FSANZ.
In a wider international context, the Policy Group supported New Zealand’s strong commitment to, and investment in, the objectives of Codex Alimentarius Commission (CAC, or Codex), a joint World Health Organization/Food and Agriculture Organization body which develops sound international standards for health protection and ensuring fair practices in food trade.
The Group developed strategic objectives for New Zealand in Codex, based around:
• application of sound science and risk assessment
• fair trade principles
• strengthening of the Codex system
• representing New Zealand interests in Codex
• inclusiveness through consultation and communication.
The Policy Group provided the New Zealand Codex contact point, actively contributed to standards setting, and was responsible for Codex Committee meetings chaired by New Zealand (Meat Hygiene, and Milk and Milk Products). The work of the Meat Hygiene Committee was concluded with a new agreement on meat hygiene rules now in place.
The Policy Group has also coordinated NZFSA’s contribution in several Codex areas:
• commission governance and strategic policy issues (Codex Commission and Executive Committee)
• horizontal committees, which deal with generic issues such as general principles, food hygiene, imported and export certification systems, food labelling, food additives and contaminants, nutrition and foods for special dietary uses
• specific commodity committees (fish and fish products; fresh fruit and vegetables; foods derived from biotechnology).
Other international forums where the Group spearheaded New Zealand’s contribution included the Quadrilateral Food Safety Group (Australia, Canada, United States, New Zealand) and a WTO Sanitary and Phytosanitary (SPS) Committee review of the SPS Agreement. The Group has had a role in representing the food interests of Government in the Biosafety Protocol, World Wine Trade Producers’ Agreement (now concluded) and, in conjunction with the NZFSA Export Standards Group, APEC and OECD.
By maintaining and strengthening New Zealand participation in forums such as these, as well as contributing to a number of bilateral and plurilateral trade talks, the Group helped protect our trade interests and keep New Zealand at the forefront of international food policy making.
Relationships with other government agencies
The Group contributed to a new, overarching agreement between MAF and NZFSA for the establishment of NZFSA as a stand-alone department on 1 July 2007. A shared services agreement ensures continued access to IT, payroll, contracts and procurement services, thus avoiding duplication. Under a collaboration agreement, MAF and NZFSA will continue to coordinate their work in areas of shared interest such as interfaces with the WTO’s SPS Committee, emergency responses and import standards.
The Group is also reviewing the relationship between NZFSA and the Ministry of Health and several other government agencies.
New Zealand Food Safety Authority
68-86 Jervois Quay
PO Box 2835
Wellington
NEW ZEALAND
Phone: +64 4 894 2500
Fax: +64 4 894 2501
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