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The First Five years
Compliance and Investigation Group – working at the interface NZFSA’s
Geoff Allen, Director: Compliance and Investigation Group
Compliance and Investigation Group (CIG) works at the interface between those who set food safety standards and those who must deliver them in the ‘real world’.
Responsible for both export trade-related and domestic food safety standards, the Group carried out programmed compliance audits and responded to food issues and complaints where necessary. Prosecutions under the legislation enforced by NZFSA continued to show that the system has teeth. A $15,000 fine handed down to a farmer in July 2007 for treating stock with an unregistered insecticide showed that any activities which threaten our trade can and will be punished appropriately.
Capabilities strengthened
With the assimilation of enforcement work and the wider activities previously performed by the Ministry of Health, there has been an emphasis on developing the Group’s capabilities and aligning the oversight mechanisms. Sector-specific knowledge and skills have been broadened to apply a coordinated risk-based system to all areas. Auditors, for example, may now work across a range of industry types.
Specialist skills such as intelligence analysis have been developed, while three solicitors within the Group provide an important link between audit and enforcement functions, working with the Group’s four assessors and 12.5 (full-time equivalent) investigators.
Frontline enforcement
Groundwork in domestic food safety is still carried out by Health Protection Officers (HPOs) employed by district health boards, and Environmental Health Officers (EHOs) employed by local councils. However, the benefits of a nationally applied set of standards had already become apparent during the first five years. The introduction of a centralised database and analysis system has also helped with consistency, while providing excellent ‘big picture’ data on enforcement issues. This information is now available to local councils and district health boards.
Over the five years, the working relationship with HPOs (contracted to NZFSA) and EPOs (funded by rates) has become stronger and more transparent. This alignment will be a crucial part of the move to a new risk-based domestic food safety regime, as reflected in the new Food Bill.
Legislation impacts
The implementation of the ACVM Act 1997, and developments such as the ACVM standard for prescription animal remedy veterinary medicines, saw a significant increase in CIG audit activity in this area. One-and-a-half full-time equivalent audit positions are devoted to ACVM-related work.
The newly implemented Wine Act and the inclusion of sectors such as apiculture and poultry under the Animal Products Act have meant a broader range of responsibilities for CIG. Towards the end of the first five years, the first audits for these sectors were being prepared.
Audit
CIG works on both sides of the audit fence. In addition to the compliance audits carried out in the export sector and domestic food area (the first of these was carried out when food safety programme auditors were examined), the group assists with overseas audits of New Zealand’s food processing systems. In the 12 months to July 2007 alone there were three EU audits, one by US authorities, two by Chinese authorities and one from Malaysia. Audits from smaller trading partners are often precursors to bilateral agreements.
The Group also facilitates market access reviews and helps host visits to New Zealand food establishments by individual overseas officials.
Inter-agency cooperation
In line with the whole-of-government approach championed by NZFSA during its first five years, CIG cooperates closely with a number of government agencies to help ensure a nationally consistent and fair food safety regime. There is also close collaboration with other agencies – both New Zealand and overseas – on specific investigations. For example, the Group works with MAF’s Compliance and Enforcement Group and also cooperates with both Australian and US investigation agencies, while routinely sharing information with the New Zealand Ministry of Fisheries, Commerce Commission, Police and Customs.
After the 2006 signing of a Memorandum of Understanding between the New South Wales Food Authority and NZFSA, boosting cooperation across a range of common food safety issues, a useful relationship has developed between CIG and its counterparts across the Tasman. This cooperation includes staff exchanges, something that also takes place between NZFSA and its European counterpart, the Food and Veterinary Office.
The labelling requirements of the Australia New Zealand Food Standards Code were the subject of two surveys designed and implemented by CIG – the first involvement by NZFSA in the enforcement of the requirements. The surveys looked at compliance with GM food labelling requirements, and an assessment of compliance with food labelling requirements for both domestic and imported foods.
New regulatory regime
Looking ahead, the new regulatory regimes planned for domestic and imported foods will lead to the amalgamation of food safety requirements, allowing enforcement tools to be streamlined while leading to the development of new, more consistent compliance tools. Functions and relationships with the frontline HPOs and EHOs will inevitably change, and CIG will have an important role in upskilling these staff as the new food safety regimes take effect.
*In late 2007 CIG took on responsibility for developing and coordinating implementation of systems and processes for response to events and emergencies. This area of work was previously addressed by the New Zealand Standards Group.
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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