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Raw Milk Questions and Answers

29^th September 2006

What regulations regulate the sale and distribution of dairy products?

In New Zealand, food is regulated under the Food Act 1981 and delegated legislation under that Act. Specific regulations and standards under the Food Act relevant to dairy products include the Food Hygiene Regulations 1974, the Food (Safety) Regulations 2002, the Australia New Zealand Food Standards Code, the New Zealand (Maximum Residue Limits of Agricultural Compounds) Food Standards 2004 and the New Zealand (Milk and Milk Products Processing) Food Standards 2002.

In addition, the Animals Product Act 1999, the Animal Products (Ancillary and Transitional Provisions) Act 1999, and various regulations and specifications under these Acts regulate the production and processing of dairy material and dairy products traded and used in New Zealand.

Under the Food Act 1981 dairy products sold in New Zealand must be processed according to the New Zealand (Milk and Milk Products Processing) Standards 2002.

This standard can be viewed at the NZFSA website at http://www.nzfsa.govt.nz/policy-law/legislation/food-standards/

Is it possible to buy/sell/distribute unpasteurised milk products in New Zealand and what if any reports does NZFSA have on this issue?

It is possible to buy/sell/distribute unpasteurised milk products in New Zealand where such products comply with the New Zealand (Milk and Milk Products Processing) Standards 2002 and other relevant New Zealand legislation (see above). In essence such products would need to meet the following conditions:

• cheeses with a moisture content <39% and a pH level <5.6 may be manufactured from milk or milk products that have been subjected to a “cheese treatment”, of 64.5ºC for not less than sixteen seconds (sometimes known as thermisation). Such cheeses must also be held at 7ºC for not less than 90 days before being distributed for sale; or

• raw milk cheeses manufactured according to the method set out in the ordinance on Quality Assurance in the Dairy Industry of the Swiss Federal Council of 18th October 1995 as a method for Emmental, Gruyere or Sbrinz Cheese.

The New Zealand (Milk and Milk Products Processing) Standards 2002 also provide that cheeses may be made in accordance with a risk management or food safety programme – this requirement is compulsory for all cheese manufactured in New Zealand. At this time no programme to manufacture cheese from unpasteurised milk has been approved.

Additionally, section 11A of the Food Act 1991, allows for the farm gate sale of up to five litres, at any one time, of raw milk intended for consumption by the buyer or their family. It should however be noted that such milk would need to be harvested under an approved Risk Management Programme which is appropriate for milk for direct human consumption.

NZFSA commissioned a report on pasteurisation from the Institute of Environmental Science and Research (ESR). This document (Review: Pasteurisation of Dairy Products: Times, Temperatures and Evidence for the Control of Pathogens) completed in November 2003, provides a summary of international pasteurization literature available. A discussion paper on heat treatment of milk and dairy products was prepared as part of a project for updating a NZFSA standard on the subject, being NZFSA Discussion paper No.3/02: Dairy Heat Treatments, August 2002. Both of these documents are available on the NZFSA website.

Are there any plans to change legislation to allow the sale of unpasteurised or raw milk products?

There is ongoing review of our policies in line with emerging scientific knowledge. As part of this continual review process, the NZFSA, in partnership with the private company Fonterra, is undertaking a Heat Inactivation Project that is world-leading science. This will enable the risk to New Zealand consumers from the consumption of raw or unpasteurised milk and milk products to be assessed. It is anticipated that the results of this project will be considered as part of any plans to change legislation.

Does NZFSA hold any reports considering this issue and if so could I please be sent them?

As mentioned above, NZFSA commissioned a report on pasteurisation (Review: Pasteurisation of Dairy Products: Times, Temperatures and Evidence for the Control of Pathogens) from ESR. This report is available on the NZFSA website at http://www.nzfsa.govt.nz/science/research-projects/pasteurisation-of-dairy-products/index.htm The document provides a summary of international pasteurization literature available.

A discussion paper on heat treatment of milk and dairy products was prepared as part of a project for updating an NZFSA standard on the subject. The paper is available at http://www.nzfsa.govt.nz/dairy/publications/consultation/d121-1-discussion-3-02.pdf