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Regulation of Food in New Zealand
13 February 2008
The Joint Food Standards Setting System between Australia and New Zealand
Food Standards Australia New Zealand (FSANZ), is based on a partnership between Australia and New Zealand governments, and is responsible for developing, varying, and reviewing food standards for food available in Australia and New Zealand.
Australia and New Zealand signed a Joint Food Standards Setting Treaty (the "Food Standards Treaty") in 1995 which committed both countries to the development and implementation of a single set of food standards. The Food Standards Treaty which became operational in New Zealand on 1 July 1996, provides for a bi-national agency to undertake the relevant food standards development for both Australia and New Zealand.
The underlying aims of the joint system are to consider the needs of both New Zealand and Australia, to protect the public health of both countries, and reduce unnecessary barriers to trade. The outcome of the Food Standards Treaty was the development of the joint Australia New Zealand Food Standards Code based on a review of the Australian Food Standards Code, undertaken by FSANZ. The Food Standards Code was adopted in New Zealand in February 2001 and took full effect on 20 December 2002.
A number of areas are outside the scope of the joint system and are covered under the New Zealand Food Standards:
• Maximum residue limits of agricultural compounds in food
• Food hygiene and food safety provisions (including high risk imported foods)
• Export requirements relating to third country trade
• Dietary supplements (likely to be covered under future joint Australia New Zealand healthcare and therapeutic products legislation).
The Food Regulations 1984 were revoked on 20 December 2002 so that the Food Standards Code came into full effect with the transitional provisions to allow stock in trade to be sold for a further 12 months, and 24 months in the case of long shelf-life foods. At the same time the Food (Safety) Regulations 2002 were introduced. The Food (Safety) Regulations 2002 contain regulations that generally fall outside of the Joint Food Standards System and so are not covered in the Food Standards Code.
Additionally, under the Trans-Tasman Mutual Recognition Act 1997 (TTMRA) food produced in New Zealand or imported into New Zealand that meets New Zealand's legal requirements, may also be sold in Australia and vice versa. There are some exceptions. For example, high-risk foods listed in either country require certification or testing before being permitted entry (peanuts, soft cheeses, molluscs).
Food Legislation Applying in New Zealand
Food legislation applying in New Zealand is available online at www.legislation.govt.nz.
2.1 Food Act 1981
In New Zealand, food is regulated under the Food Act 1981 and delegated legislation under that Act. The Food Act 1981:
• Defines relevant terms, such as, food and sale
• Outlines prohibitions on sale (including unfit food)
• Prohibits misleading labelling and advertising
• Provides powers of enforcement and offences
• Contains provisions to make regulations and food standards.
The Food Safety Regulations 2002, New Zealand Food Standards and the Dietary Supplements Regulations 1985 are made under the Food Act 1981.
Under section 11C of the Food Act 1981, the Minister of Food Safety has the power to issue food standards that set minimum requirements for the quality and safety of food for sale.
Section 11E of the Food Act 1981 sets out the preconditions that must be considered before the Minister can issue a food standard. The Minister must take into account:
• The need to protect public health
• The desirability of avoiding unnecessary restrictions on trade
• The desirability of maintaining consistency with international food standards and agreements, in particular, the Australia New Zealand Joint Food Standards Agreement.
The Minister must also be satisfied that appropriate consultation has been carried out, including:
• Adequate and appropriate notice of the intention to issue a food standard
• A reasonable opportunity for interested persons to make submissions
• Adequate and appropriate consideration of any submissions.
2.2 Food Regulations and Standards made under the Food Act 1981
2.2.1 Food (Safety) Regulations 2002
The Food (Safety) Regulations 2002 contain regulations that generally fall outside of the Joint Food Standards System and so are not covered in the Food Standards Code.
2.2.2 New Zealand Food Standards 2002
There are five New Zealand Food Standards made under the Food Act. These are the Australia New Zealand Food Standards Code; Bee Product Warning Statements – Dietary Supplements; Maximum Residue Limits of Agricultural Compounds; Milk and Milk Products Processing; and Prescribed Foods. The New Zealand (Australia New Zealand Food Standards Code) Food Standards 2002 is the legal instrument that incorporates the Australia New Zealand Food Standards Code into New Zealand law.
2.2.3 Emergency Food Standards
Sections 11M and 11N of the Food Act 1981 enable the Director-General of Health to issue an Emergency Food Standard (by issuing a food standard or amending an existing food standard) if the Director-General considers that:
i. The issue or amendment of a food standard is necessary to alleviate or minimise any risk of death, or serious harm to, any person; and
ii. It is not practicable in the circumstances of the particular case for the Minister to issue or amend a regular food standard
Such standards are subject to section 11M (3) (a) of the Food Act which requires that the Director-General consult with such persons or groups as the Director General considers appropriate.
Emergency food standards are only applicable for a maximum period of six months. However, such standards could become permanent if they go through the full standards development process set out in the Food Act 1981, including the requirement for full consultation and 28 day phase in period.
2.2.4 Dietary Supplements Regulations 1985
The Dietary Supplements Regulations 1985 define "dietary supplements," state the maximum daily doses for some nutrients, list food additive permissions and labelling requirements. As with other foods, it is the manufacturer's/importer's responsibility to ensure their products are safe and comply with the legal requirements (ie no approval is required, the Food Act 1981 refers).
Dietary supplements may not be sold for a therapeutic purpose. Products may only be distributed for a therapeutic purpose, after receiving consent (ie as a medicine) from the Minister of Health under the Medicines Act 1981. Also refer to the section below “Advice on Therapeutic Claims and Advertising”.
Dietary supplement and medicine legal requirements are not currently harmonised or mutually recognised between Australia and New Zealand. Therefore, Australia and New Zealand have separate requirements. Some foods sold as dietary supplement products are also covered under the Australia New Zealand Food Standards Code. For example, sports foods, and protein powders. The Dietary Supplements Regulations 1985 are likely to be replaced in the medium term with new legislation covering health and therapeutic products.
Also refer to the Australia New Zealand Therapeutic Products Authority for further information.
2.3 Australia New Zealand Food Standards Code
The Australia New Zealand Food Standards Code took full effect in Australia and New Zealand on 20 December 2002.
Parts of the Code are excluded from applying in New Zealand, including:
• Volume 2
• Standard 1.1A.3 (2) Country of Origin Labelling
• Standard 1.4.2 Maximum Residue Limits
• Standard 1.6.2 Processing Requirements
• Standard 2.1.1 (4)(2) Thiamine in Bread
• Standard 2.4.2 (2)(3) Vitamin D in Margarine
• Chapter 3 Food Safety Requirements.
2.4 The Food Hygiene Regulations 1974
The Food Hygiene Regulations 1974 set food handling requirements including registration of food premises. These regulations are enforced by local authorities. Food manufacturers may choose to voluntarily register an approved food safety programme with the New Zealand Food Safety Authority and be exempted from registration of premises under the Food Hygiene Regulations 1974. In the future a new food safety regime will replace the Food Hygiene Regulations 1974.
Inquiries concerning the Food Hygiene Regulations 1974, including registration of premises, should be directed to the environmental health section of your local town or city council (ie Local Territorial Authority).
2.5 Other Legislation Relevant to Food for Sale
2.5.1 Weights and Measures Regulations 1999
Labelling requirements for net contents on packaged foods are in the Weights and Measures Regulations 1999. These are administered by the Ministry of Consumer Affairs.
The relevant part of the Weights and Measures Regulations 1999 is part five.
2.5.2 The Fair Trading Act 1986
The Fair Trading Act 1986 prohibits false or misleading representation of goods or services. A guide on food labelling is available online from the Commerce Commission.
2.5.3 Medicines Act 1981
The Medicines Act 1981 sets requirements for medicines and related products. This Act and regulations made under it includes a definition for therapeutic purpose which requires that a product cannot be distributed for a therapeutic purpose without the consent of the Minister of Health. The Dietary Supplements Regulations 1985 apply these requirements to dietary supplements which make therapeutic claims.
For further information please refer to the Medsafe website: http://www.medsafe.govt.nz.
The New Zealand Medicines and Medical Devices Safety Authority (Medsafe) is a business unit of the Ministry of Health, and is the authority responsible for the regulation of therapeutic products in New Zealand. Medsafe regulates by applying a framework that weighs up risks and benefits of medicines and medical devices, ensures there are therapeutic benefits and manages the potential risks associated with use of these products.
2.5.4 Animal Products Act 1999/Meat Act 1981 *
2.5.5 Dairy Industry Act 1952*
2.5.6 Agricultural Chemicals and Veterinary Medicines Act 1997*
2.5.7 Hazardous Substances and New Organisms (HSNO) Act 1996**
* Administered by the New Zealand Food Safety Authority
** Administered by Environmental Risk Management Authority (ERMA)
Purchasing or Viewing a Copy of New Zealand Food Legislation
New Zealand Acts and Regulations are available online at http://www.legislation.govt.nz. Further information on viewing and purchasing New Zealand food legislation.
Food Complaints Relating to Food Safety and to Non-compliance with Food Standards
Complaints about food safety and quality, and matters relating to the enforcement of food standards should be directed to a Health Protection Officer at the public health unit of your local District Health Board.
Advice on Therapeutic Claims and Advertising
Unapproved therapeutic claims are prohibited under both the Dietary Supplements Regulations 1985 and the Medicines Regulations 1984. Advice on whether a claim is acceptable or not can be sought from The Therapeutics Advertising Pre-Vetting System (TAPS). TAPS is a voluntary advisory service set up by the Association of New Zealand Advertisers in May 1999 to assist advertisers, advertising agencies and the media to comply with the Advertising Standards Authority Code for Therapeutic Advertising and hence the regulatory requirements for therapeutic products. TAPS contact details are:
Therapeutics Advertising Pre-Vetting System (TAPS),
43 Tirohunga Drive, Henderson, Auckland.
Ph (09) 836 2680
Fax (09) 837 5057
Mob 021 393 355
Email: njandrews@xtra.co.nz
Website: http://www.asa.co.nz/taps.php
Food Packaging Materials
The Australia New Zealand Food Standards Code does not specify details of materials permitted to be added to or used to produce food packaging materials. However, the effect of the New Zealand Food Act 1981 section 9(4)(c) is that packaging when used must not cause food to be unsafe or tainted.
Therefore, it is the responsibility of food manufacturers and sellers to ensure their products are safe and that they comply with relevant legislation. In practise, packaging suppliers will need to ensure their products are suitable for the intended use. Compliance with recognised international food standards such as those of the European Union (EU) or the United States Food and Drug Administration would be reasonable evidence that materials are suitable for food use.
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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