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Questions and Answers on the new Food Act

September 09

Why make changes to New Zealand Food Law?

New Zealand’s food regulatory regime has not been thoroughly reviewed for over 30 years. NZFSA has reviewed the systems and found the current domestic food system suffers from:

• duplication and gaps in laws with consequential costs for food businesses (eg, forty (55%) local councils have bylaws to address gaps in the existing food regulatory regimes. The most common are for compulsory training and/or qualifications for food handlers (which are inconsistent between different councils), provisions for closures and specific premises types (eg, food stalls, mobile traders), and licensing and registration requirements.

• inconsistent controls in some areas

• a lack of clarity in the roles of the regulators involved (NZFSA and councils)

• lack of common understanding of good hygienic practice and other key concepts

• the absence of risk-based assessment.

Also, rates of foodborne illnesses continue to rise.

How will the new law fix the problems?

NZFSA intends to move food regulation, along with most other developed countries, from an inspection-based system to a risk-based approach. This means that instead of the responsibility for food safety being placed on government inspectors to find any problems, responsibility is moved to the person in charge of the food operation who must be proactive in the way they manage food safety and suitability and must demonstrate how they manage food safety.

The new system will:

• mandate risk based tools (both regulatory and educative) and shift the onus of responsibility for food safety from inspectors to food business operators

• ensure new regulations are not prescriptive, but are outcome based enabling

• improve penalty provisions and the enforcement regime.

What will it cost food operators?

For most businesses, costs will be similar or less to what they currently pay. Businesses will incur costs for registering (as they do now) and for ongoing verification. Off-the-peg templates, National Programmes and Food Handler Guidance information will be made available free of charge.

How will the new tools work?

All food operators will use one of three new tools to help them manage food safety and suitability. Which tool a particular sector will use will depend on factors such as risk, the likely impact of an adverse food safety event, economic efficiency and the capability of regulated parties to develop and implement the tools. The tools are:

1. Food Control Plans – either off–the–peg or custom–made for businesses which pose a high risk to consumers or have a wide impact (eg, restaurants, takeaways, manufacturers of foods for high risk groups). Off-the-peg Food Control Plans will be written by NZFSA for sectors where processes are the same across the sector (eg, restaurants). Custom-made Food Control Plans will be used for larger and/or and more complex operations. NZFSA will provide guidance about what should be covered by these plans.
Food Control Plans will be evaluated to ensure they effectively manage food safety and suitability (NZFSA-approved off-the-peg FCPs will not require evaluation), registered, and verified on an ongoing basis to ensure the operators are following their plan and are successfully managing risks.

2. National Programmes – a set of requirements placed across all or part of a particular sector. National Programmes will set out high level outcomes for a sector and will not require tailoring for individual businesses.

3. Food Handler Guidance – educational information for people whose food activities provide a low risk and scope (eg, fundraisers, bed and breakfast businesses).

• A national restaurant grading scheme will be introduced to provide consumers with a high level of awareness of food business compliance.

• Competency requirements will be put on food operators to ensure food handlers know how to handle food safely.

How do you know the tools will be effective?

NZFSA has trialled and piloted several of the tools to ensure they are reasonable and effective.

The food service (restaurants, café’s etc) Food Control Plan was trialled before being released as part of a voluntary scheme in 2008. Following the early trial, which was carried out in conjunction with the Hospitality Association, food operators reported the Plan has become an integral part of their business.

In August 2008 the food service sector Food Control Plan was released on a voluntary basis. This initiative was strongly supported; 68 (out of 73) councils are currently participating in the voluntary system and more than 640 businesses have voluntarily signed up so far. A recent survey of food operators using the Plan indicated they found it very useful. Most operators said they find it clear, concise and a useful staff training tool. They said it gives them confidence to know they’re providing the safest food possible to their customers as well as meeting all legal requirements.

What will happen to operators who have already signed up for a Food Control Plan?

Operators who have signed up for a Food Control Plan under the voluntary introduction scheme (running since August 2008) are already working under the proposals covered by the new Act. They will not notice any changes when the new Act is introduced.

What will be the role of local councils?

Local councils will provide a ’one stop shop’ for all new businesses and will provide advice on the level of tool required to adequately manage food safety and suitability. Local councils will undertake verification (audit) of off-the-peg Food Control Plans and for some business sectors they will be the only verifiers permitted in part to ensure they maintain their current local profile.

Why blame foodborne illness on business - isn't food handling in the home the problem?

The organisms that cause foodborne illnesses can occur at many points in the farm to fork continuum. People and organisations at every step in the chain have a part to play to ensure the safety of food.

How will you know the changes are making a difference?

NZFSA is developing a performance monitoring system. This will be an ongoing programme that determines the effectiveness of the food regulatory regime as a whole against a series of agreed indicators.

Will the changes provide more consumer protection?

Yes, this is a major purpose of the reform. It is proposed to develop a range of public sanction and compliance tools. These range from positive endorsement such as food safety awards, incentive schemes, and performance-based verification to a national grading programme and instant fines.