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Proposal P272 – Labelling Requirements for Food for Catering Purposes and Retail Sale – Draft Assessment Report

21 February 2007

Dear Sir/Madam

Thank you for the opportunity to comment on this proposal. The New Zealand Food Safety Authority (NZFSA) has the following comments to make.

The NZFSA supports Option 2 to amend Standard 1.2.1 and other standards relevant to this proposal to provide greater clarity concerning food for retail sale and food for catering purposes and to better reflect the circumstances in which these foods are provided.

In particular NZFSA supports the proposed:

• Changes to the definitions for food for retail sale and catering purposes; and the view that a person further altering the food, its packaging or labelling is responsible for compliance with the Food Standards Code (it should be noted that under Standard 1.1.1 clause 11 permission is required from the relevant authority before altering a label)

• Status quo for small confectionery items

• Development of a guide to food labelling at funding raising event

• Additions to the definition of package that excludes vending machines, hampers, and food served on a covered plate, cup, tray etc in prisons, hospitals or similar institutions

• Additions to Standard 1.2.2 clause 3 that require vending machines and hampers to include the supplier’s name and address

• Decision not to exempt food wrapped at a retail outlet, thereby avoiding the potential capture of a wide range of other packaged foods

• Decision to maintain the labelling exemption 2(1)(c) for food made and packaged on the premises from which it is sold (ie not to extend the exemption to food sold on “satellite” outlets as information may not always be available at these remote sites, or such information may be no less available than most retail foods eg via a phone call)

• Simplifying of catering food labelling requirements to information required for health and safety

Specific comments

Hampers

NZFSA seeks clarification of the intent of the proposed clause 2(4) of Standard 1.2.1, and in particular clause (c) “unpackaged food must be accompanied with documentation setting out the information prescribed in the Code”.

It would be useful to clarify in the editorial note that the prescribed information referred to, is that normally required on the item were it to be fully labelled. This is because exemptions from labelling under clause 2(1), including that for unpackaged food, do not apply to hampers, however, any exemptions under specific standards would apply.

Furthermore, it would be useful to extend clause 2(4)(c) to allow accompanying documentation to be used for partially labelled or unlabelled packaged items. This would ensure information is provided, for example, for wrapped sweets or bars that may have originated as inners packages in larger packs.

Consideration should be given to further amending Standard 1.2.5 to require hampers to include the date mark of the least durable item. This will help ensure all items will be in good condition when purchased.

The word “decorative” should be removed from the definition proposed for hamper, as the hamper basket box etc may not be decorative and function only as a container.

Snack packs

NZFSA believes that provisions for snack packs should be considered with those proposed for hampers. Snack packs are typically a plastic bag containing packaged and unpackaged items. For example, children’s morning teas with fruit drink, snack bar or biscuit, fruit etc. These would pose a similar situation to the labelling of hampers. NZFSA suggests that consideration be given to whether a snack pack could be considered a hamper and hence already provided for, or whether a specific reference should be made in the proposed change to the definition of packages and food identification requirements in Standard 1.2.2. The comments above for hampers and the proposed clause 2(4) of Standard 1.2.1 would also apply to snack packs. However, minimum safety related information could be considered for inner packages, in particular allergen declaration.

Meals provided by delivered meals organisations (“meals on wheels”)

NZFSA supports in principle minimum labelling for the purposes of health and safety (name of food, name and address of supplier, date mark, use and storage directions, listing of allergens and any other applicable warning/advisory statements) for meals provided by delivered meals organisations.

However, NZFSA notes that most providers of meals on wheels in New Zealand and Australia will need to change existing labelling or otherwise provide labelling. NZFSA believes that less onerous labelling than proposed is needed to ensure existing services are maintained on the basis that:

• providers of delivered meals have systems in place to ensure that special needs of clients are identified and suitable meals are delivered

• as part of contracts, providers are normally subject to food safety programmes

• several providers have stated that new labelling requirements could or will threaten existing services

• there appears to be little evidence of any problems with the existing services.

NZFSA believes that the best means of ensuring safe and suitable delivered meals is via a food safety programme that identifies all risks and suitable controls. This may include labelling but other methods may be used. For example, fridge notices covering directions for cooling and reheating, suppliers name and address is known from delivery records/contracts, and allergens managed by prior assessment of clients.

Therefore, NZFSA believes less onerous requirements than the proposed safety related should be considered, in particular:

• an exemption for fresh meals delivered ready to eat on delivery (on the basis that controls are generally used to ensure that individual needs are identified to enable suitable meals to be delivered to that individual. This would be analogous to food that is pre-ordered and delivered.)

• safety related information as proposed be required for meals that are intended to be stored and eaten later eg frozen meals.

• all meals, including exempted meals, be required to have a date mark. This would appear to be achievable, for example, with a simple stamp. This would provide batch coding needed in the event of food borne illness or complaint and also cover any fresh meals that are stored for use later.

NZFSA agrees that an appropriate exemption for health and nutrition claims to help identify and facilitate meal delivery is warranted under the proposed Standard 1.2.7 and if needed under the transitional Standard 1.1A.2. This will allow current labelling practises to continue.

Hospitals and similar institutions

NZFSA supports the exclusion from the definition of package where is food served on a covered plate, cup, tray or other food container in prisons, hospitals or other similar institutions listed in clause 8 of Standard 1.2.1. This provides an appropriate exemption from labelling.

However, this change as drafted appears to apply to food produced by any food business and not necessarily by the institution itself.

NZFSA believes that the exemption needs to be made more specific and proposes:

• where individually served meals are provided by an externally based caterer, they be exempted as for fresh meals delivered ready to eat on delivery (on the basis that controls are generally used to ensure that individual needs are identified to enable suitable meals to be delivered to that individual. This would be analogous to food that is pre-ordered and delivered.)

• minimum labelling for the purpose of health and safety (ie food identification, mandatory advisory statements and declarations, date marking and directions for use and storage) be required for meals that are intended to be stored and eaten later eg frozen meals.

Yours sincerely