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Domestic Food Review - Policy and Related Implementation Position Paper

NZFSA Public Policy Paper: No. 01/07

October 2007

[Online] ISBN number 978-0-478-31128-0 ISSN number 1177-7478

[Print] ISBN number 978-0-478-31127-3 ISSN number 1174-961X

Important Disclaimer

Every effort has been made to ensure the information in this report is accurate.

NZFSA does not accept any responsibility or liability whatsoever for any error of fact, omission, interpretation or opinion that may be present, however it may have occurred.

Further copies

Requests for further copies should be directed to:
New Zealand Food Safety Authority
P O Box 2835
WELLINGTON
Telephone: (04) 894-2500
Fax: (04) 894-2501

Website
A copy of this document can be found at www.nzfsa.govt.nz

Table of Contents

1 Introduction 4

2 Executive Summary 6

3 Background and Context 9

3.1 Problem definition: why the Domestic Food Review was needed 10

3.2 Scope of the Review 11

3.3 Principles underpinning regulatory controls 12

4 Overview of New Food Regulatory Regime 13

4.1 The new food regulatory regime 13

4.2 Which food businesses are affected by the new food regulatory

regime? 13

4.3 What will food businesses be required to do? 15

4.4 Evaluation of Food Control Plans 16

4.5 Food Control Plan registration process – off-the-peg and

custom-made 17

4.6 Food Control Plans require external verification 21

4.7 National Programme Implementation Process 23

4.8 Education and competency requirements 23

4.9 Review of the Food Regulations 24

4.10 Roles and responsibilities 24

4.11 Responsibilities of food businesses 26

5 Transition Implementation 27

5.1 Why is a transition period needed? 27

5.2 When will food businesses be affected? 27

5.3 Existing registered Food Safety Programmes 34

5.4 What about existing Risk Management Programmes, Regulated Control Schemes and Wine Standards Management Plans? 36

5.5 Food Handler Guidance 36

5.6 Interim measures for evaluation, verification, education and training 38

5.7 Compliance, enforcement and operational response 38

6 Questions and Answers 39

6.1 Starting a new food business 39

6.2 What do I do before my sector’s Food Control Plan or National

Programme is introduced? 40

6.3 Can Food Control Plans be registered early? 41

6.4 Activities across more than one food sector (multi-sector food

businesses) 41

6.5 I am not required to register under the Food Hygiene Regulations

1974, what must I do? 42

7 Next Steps 44

7.1 Subordinate legislation 44

7.2 Legislative change 44

7.3 Internet Sales 44

Appendix 1: Glossary of Terms 45

Appendix 2: Food Sectors Excluded from the Transition Policy 48

Appendix 3: Food Handler Guidance 53

1 Introduction

The New Zealand Food Safety Authority (NZFSA) has reviewed government involvement in the New Zealand food sector and, as a result, the Government is to establish a new food regulatory regime covering matters contained in the nine previous Discussion Documents. These earlier Discussion Documents contained the key requirements that enabled the Government to agree the policy for drafting a proposed Food Act¹.

With Government agreement on the scope and nature of the new food regulatory regime, it is now appropriate to make the transitional policy available to provide for a smooth and efficient implemention of the new system.

This is Paper 10 of the Domestic Food Review. It sets out the transition policy that will apply to move to a new food regulatory regime that will enhance the safety and suitability of food in New Zealand. It addresses the submissions on the related discussion document Domestic Food Review: Transition Policy and Related Implementation Discussion Document No 06/06, October 2006………. For those submissions that relate to topics under development or consideration by NZFSA, information will be available in due course.

The nine related discussion papers published by NZFSA for public consultation were:

• Introduction and context

• Regulatory roles, responsibilities and structures

• Proposed Food Control Plans

• Implementation of Food Control Plans

• Cost recovery

• Compliance and sanctions: criteria and tools for the future

• Criteria and processes for various approvals.

• Position Paper

• Transition Policy and Related Implementation.

These papers are available on the internet (www.nzfsa.govt.nz/policy-law/projects/domestic-food-review/index.htm) and in hard copy by calling 0800 NZFSA1 (0800 693 721).

The central focus of the transition policy is to set out the arrangements that will apply to all food businesses (see Glossary of Terms) which are subject to regulation under the Food Act 1981.

Under the new food regulatory regime, food businesses will operate under one or more of the following risk management tools: a Food Control Plan and/or a National Programme, or Food Handler Guidance (non-regulatory educative material).

This Position Paper:

• describes how it is intended to implement Food Control Plans, National Programmes and Food Handler Guidance

• sets out which food businesses will be required to have either a Food Control Plan and/or be subject to a National Programme, and the general timing of their implementation.

Tables 3.1 to 3.5 outline the transition — by sector and year — for the five-year transition period. The transition allocation was principally based on NZFSA’s Risk Ranking and Prioritisation Model.

Appendix 2 explains who is excluded (or partially excluded) from the Domestic Food Review.

This Position Paper also:

• outlines the intended roles and responsibilities of the regulator, verifiers, evaluators and industry during the transition

• addresses specific arrangements for those with registered Food Safety Programmes

• sets out the interim arrangements that will apply before food businesses are transitioned into the new regime.

This Position Paper forms the basis of the transition provisions of the proposed Food Act. The more detailed aspects of implementation not discussed in this Paper are under development by NZFSA and further information will be made available in due course.

¹ The term ‘proposed Food Act’ is used in this Paper to mean the new Act that will replace the Food Act 1981 as a result of this Food Review.