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Voluntary Implementation Programme

4 Appointment and role of Auditors and Food Act Officers

4.1 Auditors

For the purpose of VIP, NZFSA may approve Territorial Authorities as auditors under the existing Food Act. Corporate bodies (as well as individuals) may gain approval as auditors of food safety programmes provided they appoint at least one person with the knowledge, experience and demonstrated skills required to meet the criteria as set out by NZFSA. The approval is intended to apply to Environmental Health Officers appointed by Territorial Authorities who wish to audit food businesses operating under an FSP based on a NZFSA template. Territorial Authorities who contract these services will be considered separately. If, for example, the contracted party is already ISO 17020 accredited, they would generally be assessed in terms of NZFSA technical requirements.

There are some conditions of approval (see below) for Territorial Authorities that will need to be reflected in the D-G Criteria:

• Recognition will be interim or time limited to take into account the period of VIP prior to commencement of the new Food Act and the need for a smooth implementation following commencement.

• Territorial Authorities will be given guidance material and training at NZFSA workshops to help them up-skill in the verification area.

• Approval by NZFSA for the appointment of Territorial Authority Environmental Health Officers as auditors will be based on attending NZFSA workshops and existing competencies. NZFSA proposes to carry out a series of regional training programmes that will enhance the current skills and competencies of Environmental Health Officers.

Following NZFSA acceptance of the draft approval criteria for auditors of the NZFSA off-the-peg Food Control Plan, NZFSA will liaise with targeted Territorial Authorities and existing Food Safety Programme Auditors before finalising the new Standard and issuing it as D-G approval criteria.

Once the new approval criteria have been issued, for the purposes of the VIP, Territorial Authorities and/or their officers will need to apply for approval as Food Safety Programme Auditors under the Food Act 1981.

Territorial Authorities and their Environmental Health Officers cannot commence auditing off-the-peg Food Control Plans under VIP until they have been approved as Food Safety Programme Auditors by NZFSA.

Territorial Authority Environmental Health Officers will continue to have the powers of a Local Authority Inspector pursuant to Section 13 of the Food Act 1981.

4.2 Food Act Officer

A Local Authority Inspector (as defined under the current Food Act) does not have the same powers and functions as a designated officer regarding imported food, sampling of food, dealing with infected persons or infected food and closure of premises.

The current limitations on the powers of Local Authority Inspectors will impact on investigative processes under VIP, as investigation will, in the majority of cases, necessitate the need to examine and possibly seize or copy documentation and records. In addition, where the response criteria are met, the expectation is that Territorial Authority staff will manage the full investigation and enforcement Authority process including, as necessary, sampling food, dealing with infected people and/or food and premises closure.

In order to give effect to the expectations of Territorial Authority staff under VIP it is proposed that at least some Territorial Authority staff will be designated as Food Act Officers under the Food Act 1981. Although it is anticipated that there may be limited situations where there is clear risk to public health and enforcement activity is required, under VIP it is important that Territorial Authorities have the ability to perform such functions.

To facilitate understanding of their new roles and to be consistent with current designations, Territorial Authority staff to be designated as Food Act Officers will need to undergo training provided by NZFSA and demonstrate their abilities to meet the relevant current competencies for designated officers.