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Summary of Submissions on the Transition Policy and Related Implementation Discussion Document

14 Compliance and Enforcement

Introduction

Proposals for compliance and enforcement are referred to in the discussion document without defining them in detail. The document does propose, however, that new compliance and enforcement tools, penalties, monitoring and surveillance systems, incident response, and recall procedures, will be empowered from the legislative commencement date and therefore will be able to be applied, as appropriate, to all ‘persons’ from the beginning of the transition period. The document also proposes that the related information and dates will be widely published, including on the websites of NZFSA and TAs.

Overview of Submissions

Thirteen submitters made specific comments related to compliance and enforcement in the new regime. These submitters comprised:

• 9 government bodies (including TAs, PHUs and DHBs)

• 2 industry organisations

• 2 business groups

Summary

Generally, submitters supported the proposal that NZFSA would issue guidance on compliance and enforcement tools. Submitters sought clarification on what these might be.

Three TAs suggested that NZFSA consider the nationwide application of a grading system for food hygiene as this has been a particularly successful approach in their respective jurisdictions.

Submitters also expressed concern that consistency in enforcing compliance be achieved nationwide through the establishment of clear consequences for non-compliant operators recognising that ‘persons’, through a lack of awareness or resistance, may neglect to comply with the new features of the food regime.

One submitter, a DHB, was particularly concerned that the powers of enforcement of Health Protection Officers and EHOs under the new regime have not been adequately described. Submitters also supported the recognition in the discussion document that compliance history would influence the frequency of renewal/verification/evaluation of Food Control Plans.