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Voluntary Implementation Programme

3 Off-the-peg Food Control Plans

An off-the-peg Food Control Plan is a ready-to-use Food Safety Programme that a food business operator fills out to record how each food safety aspect of their business is managed. Off-the-peg Food Control Plans are designed to meet the needs of small-to-medium sized businesses, including cafés and restaurants. A draft contents page of an off-the-peg Food Control Plan is included as Appendix 1.

The off-the-peg template that has been trialled will be available for use (modified as a result of the trial) by the food service (restaurants, takeaways etc.) and catering sectors to register as a Food Safety Programme under the current Food Act. Once these programmes are registered the operator will have an exemption from the Food Hygiene Regulations.

VIP will be voluntary because the Food Act does not enable NZFSA to make off-the-peg Food Control Plans mandatory. Operators continue to have a choice whether to comply with the Food Hygiene Regulations or to seek an exemption from them by having a Food Safety Programme.

There are two factors that will allow an operator to register an off-the-peg Food Control Plan as a Food Safety Programme under VIP. Firstly their local Territorial Authority must be taking part in the VIP. Secondly their business needs to operate within one of the nominated three food sectors, as defined by NZFSA (ie, food service and caterers).

The sectors nominated by NZFSA that will be eligible to participate in VIP are those that were identified for the first year of transition of the full implementation programme (food service general, food service on-site catering and food service off-site catering) with a minor change relating to food service general. Descriptions of these sectors (and others identified for later years) are in a Domestic Food Review: Transition Policy and Related Implementation paper available on the NZFSA website (http://www.nzfsa.govt.nz/policy-law/projects/domestic-food-review/consultation/index.htm). The minor change is that in Year One of the full transition programme, only liquor licensed businesses in the food service general sector were to be mandated for implementation. In VIP, any food service general business, whether liquor licensed or not, can participate.

A food business may still choose to adopt an off-the-peg Food Control Plan as a Food Safety Programme and to have the premises audited by a Third Party Auditor. In this situation the FSP would be registered by NZFSA and would not be considered part of the VIP.

Businesses that choose to implement the off-the-peg Food Control Plan will be able to access a copy from the NZFSA website, or obtain a free hardcopy from a participating local Territorial Authority or by attending a Territorial Authority training session.

A sample section of the off-the-peg Food Control Plan and the contents page are attached to this paper to give an indication of what the off-the-peg Food Control Plan looks like.

If significant variations to the off-the-peg Food Control Plan are required for a business, the business may contact NZFSA directly to discuss registering a custom-made Food Safety Programme. If a business adopts a significant variation to the off-the-peg Food Control Plan it will no longer be part of VIP.

Food businesses that would like to adopt the off-the-peg Food Control Plan and who operate in the food service or catering sectors may contact NZFSA directly if their local Territorial Authority is not taking part in the voluntary programme.

Specifications

Specifications have been developed for the new Food Act. They will be publicly available prior to commencement of the new Food Act. The off-the-peg Food Control Plan meets the specifications that will apply under the domestic food regime. Specifications cannot be issued under the current Food Act and as the off-the-peg Food Control Plan will be voluntary and will contain all of the necessary information required by the users, it is not considered beneficial to publish the specifications at this time.

3.1 Territorial Authorities’ Involvement

Territorial Authority involvement in the VIP will be on a self-selected basis. Territorial Authorities have, in the main, now responded to a NZFSA expression of interest letter sent in February 2008 to all Territorial Authorities. NZFSA has communicated further with those that have indicated a willingness to participate in VIP. For Territorial Authorities that are interested in participating in VIP but are unable to at this time, there will be a further opportunity to join the VIP later this year. Information will be regularly updated on the NZFSA website.

VIP will provide Territorial Authorities with an opportunity to educate and train their staff in advance of new requirements that will be mandated under the new Food Act.

The Territorial Authorities that choose to participate in VIP will benefit because they will be able to familiarise themselves with the off-the-peg Food Control Plans, train their staff and assist food businesses. They will have an earlier opportunity to develop competencies relevant to the New Zealand verification standard, and it will give Territorial Authorities opportunity to consider resource and cost recovery planning for full implementation of the domestic food regime. Participation in VIP will provide a greater lead-in time for Territorial Authorities, enabling the smoother implementation of new requirements when they are mandated under the new Food Act.

Importantly, VIP will concentrate on developing Territorial Authorities’ competencies that are needed for the implementation of the new Food Act. This will ensure that all competency development achieved by Territorial Authorities in the VIP will benefit them into the future under the new Food Act. While the focus will be on working towards the new Food Act, given no legislative changes are required for VIP, information will still be consistent with the current Food Act.

The VIP creates an opportunity for Territorial Authorities to implement ‘clustering’ or shared service delivery. Shared service delivery is being encouraged under the new domestic food regime as a way Territorial Authorities may enhance their capability and improve regulatory consistency.

Territorial Authorities participating in the scheme will operate a dual system for registering both off-the-peg Food Control Plans and premises outside of the VIP (status quo – i.e. under the Health (Registration of Premises) Regulations 1966 pursuant to compliance with the Food Hygiene Regulations 1974).

Territorial Authorities will be able to accept off-the-peg Food Control Plans as pre-evaluated (by NZFSA) and register the operator’s plan. Any significant changes to the off-the-peg plan will be considered ‘custom-made’ and should be treated as a Food Safety Programme is currently treated for the purposes of the Act. Applications for registration of a custom-made Food Control Plan will be business as usual with operators needing to have their custom-made Food Control Plan evaluated before submitting it to NZFSA for approval and registration.

Until the new Food Act is enacted there is not an area of exclusivity for Territorial Authorities to perform verification (audit) as the current Food Act does not allow for this.

There are conditions of participation in VIP by Territorial Authorities. These include:

• attendance at NZFSA workshops for any Territorial Authority staff that wish to become auditors (verifiers under the new Food Act);

• agreeing to being subject to ‘monitoring and calibration’ by NZFSA during the period of VIP (verifiers being assessed and getting feedback on verification performance/principles); and

• agreeing to stay up to date with new developments and requirements during the VIP period.

VIP provides an opportunity for Territorial Authorities to learn about and prepare for the full new domestic food regime with the support of NZFSA. NZFSA will value feedback on the VIP from participating Territorial Authorities as this will help ensure the full domestic food regime is appropriately implemented. VIP will also enable NZFSA and Territorial Authorities to further develop their working relationship in the area of food regulation.

3.1.1 Enforcement and Auditing Roles

It is anticipated that VIP and the first transition years into the new food environment will see a large educative focus in working with food businesses to adopt Food Control Plans and take responsibility for the provision of safe and suitable food. Enforcement activity will be required in situations where there is clear risk to public health.

Territorial Authorities taking part in the programme will act as the Enforcement Authority in their territorial district for those businesses operating off-the-peg Food Control Plans and will investigate all complaints involving these operators. For those operators operating under an existing Food Safety Programme it will be business as usual and the Public Health Units will be the Enforcement Authority. All other food premises will remain subject to the Food Hygiene Regulations 1974 and any relevant bylaws. NZFSA will be providing training for Territorial Authorities on compliance issues.

It will be important for Territorial Authorities to understand and clearly articulate to businesses what enforcement activity may be taken if corrective action is not taken by food business operators to rectify any non-compliance, or is likely to be taken for repeated non-compliance. It will also be important for Territorial Authorities to be adequately prepared to take enforcement action where there is a clear risk to public health. In addition to training that will be provided, NZFSA will provide information on compliance and enforcement in the Food Safety Toolkit being produced for Territorial Authorities. A summary of roles and responsibilities under VIP described in the Toolkit are outlined in Appendix 2 of this paper.

As VIP will operate using the current legislative base, enforcement tools and arrangements proposed in the new Food Act will not be available until that Act is passed by Parliament.

3.2 Industry Involvement

Those food businesses that choose to participate in VIP will not be required to transition fully into the new domestic food regime until year five of transition unless they choose to transition when their sector does. For the food businesses involved in VIP this would mean they could choose to transition in year one, two or year five. Food businesses in the food service and catering sectors that choose not to participate in VIP are scheduled to transition in years one or two.

NZFSA has been in discussion with the Hospitality Association of New Zealand, the Restaurant Association of New Zealand and Accor Hotels who have indicated a willingness to work with NZFSA on VIP.

VIP will benefit all regulatory bodies and food businesses involved as it will provide a “soft landing” for the smoother implementation of the new domestic food regime. The introduction of VIP will be an opportunity for food businesses and regulators to identify any potential issues with the off-the-peg template, and allow for these to be addressed in advance of the new domestic food regime being implemented.

A food business may chose to adopt an off-the-peg Food Control Plan as a Food Safety Programme and to have the premises audited by a Third Party Auditor. In this situation the Food Safety Programme would be registered by NZFSA and would not be considered part of VIP.

3.3 Possible Incentives

Given that the off-the-peg Food Control Plan under the Food Act 1981 will be voluntary, NZFSA has given thought to potential incentives that may be used to encourage and reward voluntary participation in VIP. The objectives of an incentive scheme are to:

• provide information and education relevant to the domestic food regime;

• build capability with Territorial Authorities and food businesses;

• encourage efficiencies in implementation e.g. clustering;

• encourage participation in VIP and a level of commitment to the programme; and

• provide direct short and medium term benefits.

Potential incentives agreed are:

• competency development and support for Territorial Authorities,

this includes an appointed account manager within NZFSA to support Territorial Authorities, support visits from NZFSA staff or a coach, waiving of fees for auditor and Food Act Officer applications from Territorial Authorities and additional information and resources to assist with implementation provided at no charge.

• the provision of training and support for food businesses in partnership with Territorial Authorities

the support package for business includes practical tools to implement the off-the-peg Food Control Plan such as copies of material that would otherwise be available at a cost (unless downloaded from the web) including a hard copy of the off-the-peg Food Control Plan and manual, a food probe thermometer, support of a coach and possible an 0800 helpline,.

NZFSA is planning to provide workshops for businesses, in partnership with Territorial Authorities.

• a limited fund for Territorial Authority initiatives to implement VIP

It is envisaged that a contestable fund will be made available for Territorial Authorities to assist with implementation of VIP. Criteria for the fund are being developed and will be clearly communicated when available. Projects funded would have to meet objectives of the incentive scheme and may potentially include supporting the development of clusters, engagement with business or additional training.

Factors used in deciding on the preferred incentives include: equity; effectiveness and the degree to which options meet the objectives of an incentive scheme under VIP. NZFSA is seeking to provide the most efficient and beneficial incentives possible.

Final detail on the incentives is expected to be made available in May. Information will be made accessible on the NZFSA website.

3.4 Training

NZFSA will provide training through workshops on VIP for those Territorial Authorities that participate in the programme. The workshops will cover competencies required to be auditors (called ‘verifiers’ under the new Food Act). Training will include:

• background of the Food Act and the proposed Food Bill;

• the Food Act as it applies to Food Safety Programme approvals;

• the process of assessing applications for approval, elements of the off-the-peg Food Control Plan’s;

• how to be recognised as an auditor and Food Act Officer ;

• principles of auditing;

• practical issues in verification; and

• an overview of enforcement powers, tools and practices.

The workshops will provide an opportunity for Territorial Authorities to undertake staff training in advance of the new requirements being mandated.

3.5 Recognition of Involvement

A number of Territorial Authorities have existing bylaws that provide for grading schemes. Depending on the detail of individual bylaws, a business participating in VIP may be able to retain a grading certificate or it may be no longer eligible for a grade. NZFSA understands a grading may be an advantage to high achieving businesses and is considering ways of recognising businesses that do participate in VIP.