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Voluntary Implementation Programme

7 Legislation

NZFSA is continuing work on developing the new legislation that will enable a more consistent regulatory programme across New Zealand, ensuring that food producers protect their consumers while at the same time allowing them to work in innovative and flexible ways that best meet their needs.

VIP achieves some of the domestic food review outcomes under current legislation. There is still a need for comprehensive legislation to deliver fully on the outcomes of the review.

The Food Bill is required because there are a number of provisions in it that are not provided for in the current legislation. These include mandating the requirement for a food business to be subject to a regulatory tool (food control plan or national programme) or be subject to the non-regulatory tool (food handler guidance). The Food Bill also provides for enhanced enforcement tools, more appropriate penalties for offences, development of a register for importers and enhanced requirements for importers of food.

Additionally the Food Bill provides greater clarity of the relationship between Territorial Authorities and NZFSA; and allows the NZFSA Chief Executive to issue statements as to the New Zealand standard to meet overseas requirements. The Food Bill will also provide for the revocation of a number of existing bylaws that have been implemented by Territorial Authorities to cover gaps in current legislation. These gaps are being addressed in the Food Bill and include the provision of competencies for key people involved in the food sector.

It is intended that the Food Bill be introduced into Parliament around July 2008 so that it will proceed through Select Committee and the Parliamentary process during 2009.

7.1 Relationship with Domestic Food Review

VIP provides an opportunity to implement aspects of the domestic food regime, maintain momentum and provide a learning opportunity before the full regime is introduced. VIP is heading in the same direction as the domestic food regime and will be consistent with the approach taken in the regime. All aspects of VIP will be in line with the domestic food regime and will apply as the regime is implemented. For example if a business registers an off-the-peg Food Control Plan as a Food Safety Programme under VIP, the business may then choose to transition into the domestic food regime at the same time as others from the sector or it may wait until the end of the transition period.

There will continue to be consultation as required and discussion on details of the full implementation programme as passage of the Bill approaches. Experience gained during VIP is expected to contribute to refinement of the domestic food regime.