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Summary of submissions received on NZFSA Public Discussion Document 02/09: Proposed regulatory framework for unpasteurised milk products.

1 Introduction

This paper summarises submissions on the discussion paper - Proposed regulatory framework for unpasteurised milk products.

The discussion paper, released for consultation on 22 May 2009, provides details of a regulatory framework being proposed by NZFSA which would facilitate the New Zealand manufacture, domestic sale, and export of unpasteurised milk products for human consumption, and the importation of a similar range of products.

This summary collates the opinions, concerns and queries raised by submitters.

2 Summary of proposed framework for unpasteurised milk products

An earlier discussion paper was released in August 2008 - Proposed framework for the manufacture, importation and sale of raw milk product (04/08). NZFSA is now proposing the introduction of a New Zealand regulatory framework that covers all unpasteurised milk products, and would allow those that can be produced to an acceptable level of safety (that is, pose a low level of risk to the general population) to be produced, sold, exported and imported.

The framework proposed by NZFSA, and outlined in the discussion paper, consists of:

• Processes to group unpasteurised milk products according to the risks they pose

• Requirements relating to on-farm and processing techniques, with which producers of some unpasteurised milk products would need to comply

• Proposed new specifications, to be issued under the Animal Products Act 1999, that would apply to some unpasteurised milk products

• Revised import standards to be issued under the Food Act 1981, relating to unpasteurised milk products

• Risk communications and educative material targeted at vulnerable consumers who are most likely to be at risk from consuming unpasteurised milk products, and

• Labelling to indicate products contain unpasteurised milk.

Submitters were asked to comment under the following headings:

• The consultation process;

• Developments since the first NZFSA discussion document on unpasteurised milk products

• The proposed process for determining regulatory options for such products

• The proposed technical requirements for raw milk products

• The intended legal mechanism for implementing the proposed framework

• The plans for implementing the framework, and particularly ideas on guidance material and other assistance that may help stakeholders become familiar with the framework

• The proposals for risk communications and labelling relating to unpasteurised milk products

• The impact that the proposed new framework would have on their business or other interests

• If they plan to export unpasteurised or raw milk products, and

• Whether they supported the proposal in the discussion document.

3 Synopsis of the engagement and consultation process

The discussion document was posted on NZFSA’s website on 22 May 2009 with notifications going to all subscribers to the website. A notification letter was sent by e-mail or post to an extensive distribution list, including all dairy processors, importers, many stakeholder groups and associations, and an extensive number of individuals (with those who represent groups and associations being asked to advise their members of the release of the document). The World Trade Organization (WTO) was notified of the release of the discussion document, thus enabling exporting countries to provide submissions on the proposed framework.

Three workshops were also hosted by NZFSA to familiarise stakeholders with the proposals and seek feedback. These took place in Hamilton on Tuesday 9 June 2009, Auckland on Wednesday 10 June 2009, and Christchurch on Thursday 11 June 2009. The workshops covered the consultation process; the processing specifications (including terminology, classification of product, the status of existing requirements, and the nature of additional requirements); the supporting criteria and guidance (including codes of practice, validation process guidelines and the use of models or tools); and the importation of unpasteurised milk products. There was also a question and answer session. This is summarised in Appendix 1.

The closing date for submissions was 3 July 2009. Fifteen submissions were received. Seven submitters are classified as industry, four as interest groups (representative bodies of the dairy industry), three as ‘other’ (government departments as well as interests from outside New Zealand), and one as an individual. NZFSA thanks the submitters for their comments on the discussion paper.

4 Submissions

4.1 List of submitters

The submitters were:

Aroha Organic Goat Cheese

AsureQuality

Brian Beuke

Canterbury Cheesemongers

Cumming Food Consultants Limited

Dairy NZ

European Delegation to New Zealand

Federated Farmers

Fonterra

Fromagent Australia

Janet Gough

Ministry of Agriculture and Forestry

Mount Eliza

New Zealand Farmers’ Markets

Rural Women New Zealand

4.2 Details of submissions

No submissions were received that opposed the proposed regulatory regime. However, while one industry submitter stated in their submission that they 'support the principle that alternative technologies to pasteurisation in dairy production be provided for as long as an appropriate level of risk management is achieved', they also point out they do not state whether or not they favour raw milk products becoming more available.

A general overview of the issues raised in submissions received is provided below. Comments have been summarised under the main headings in the consultation document. Appendix 1 provides a more detailed summary of each submission, as well as NZFSA’s response to each point raised.

4.2.1 The consultation process

Only the individual submitter commented on the consultation process, and they stated that they considered that the general public was not aware of the consultation process, and also found the consultation document too lengthy and confusing.

4.2.2 Developments since the first NZFSA discussion document on unpasteurised milk products

No submission was received on this point.

4.2.3 Proposed process for determining regulatory options for such products

Several industry submitters commented that the use of mathematical/predictive models for fermented foods was limited as they do not take into account microbial competition. One submitter stated that it sounded like a time-consuming and distracting element of research which may hinder the development of risk management plans.

One industry submitter asked why it was necessary to impose NZFSA’s own stringent criteria on imported cheeses when there is no scientific evidence to suggest that they pose a danger to health.

One industry submitter noted that the terms ‘unpasteurised milk products’ and ‘raw milk’ products were used in a generic sense in the document, when they are defined separately in the proposed regulatory framework. This was confusing.

One industry group noted its disappointment that raw drinking milk would still not be able to be sold under the regulatory framework.

4.2.3 Proposed technical requirements for raw milk products

Industry submitters stated that validation testing and the associated compliance costs would be prohibitive for small businesses. One industry submitter commented that testing all milk for pathogens before cheese production would be an expensive and prohibitive step for small cheesemakers.

An industry group submitter stated that they welcomed the development of appropriate technical criteria and guidance to ensure food safety standards are managed.

4.2.4 Intended legal mechanisms for implementing the proposed framework

Several industry and interest group submitters commented on the draft Animal Products (Raw Milk Products Specifications) Notice to be issued under the Animal Products Act. In particular, there were concerns about the control measures and measurement of the effectiveness of the Notice. Each specific point is addressed in more detail in Appendix 1.

Several industry and interest group submitters stated that imports of unpasteurised products should be subject to the same controls as New Zealand manufactured products, to ensure a level playing field.

4.2.5 Plans for implementing the framework, and ideas for guidance material and other assistance

One ‘other’ submitter commented on this. They stated that further guidance in the form of a code of practice is recommended, as this would assist with the validation and verification of processes. Guidance material should also include minimum sampling and testing plans, as this would be of benefit to operators, evaluators, and verifiers.

4.2.6 Proposals for risk communications and labelling

Several industry submitters commented on labelling, and all agreed that unpasteurised products should be labelled as such. One industry submitter stated that products should not have warning labels as it indicates they can be unsafe, which products will not be if they are made in accordance with approved methods. Two industry submitters and the one individual submitter commented that they supported risk communication strategies for vulnerable groups.

4.2.7 Impact that the proposed new framework would have on business interests

One interest group submitter stated that the new regulatory framework would allow more variety and diversity in the food processing business, and would allow New Zealand to remain a leader in diverse high-quality food production.

One industry submitter and one government department stated that the reputation of the New Zealand dairy industry for producing safe and nutritious products is of paramount importance, and there is a need to ensure that the current significance export of pasteurised milk products is protected.

One ‘other’ submitted stated that the framework will facilitate increased trade in European raw milk products to New Zealand.