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Food Focus November 2007

The new ‘shopfront’ for food safety and suitability

A key component of the Domestic Food Review is to strengthen, modify and support the regulatory role of Territorial Authorities to enable nationally consistent food regulation. Whether you are a food business or regulate food premises, there will inevitably be some changes in the way you operate under the proposed new food regime

Currently, New Zealand’s Territorial Authorities are responsible for the regulatory control of food safety, administer the Food Hygiene Regulations 1974 and local food-related bylaws, and register and inspect food business premises. The Domestic Food Review has identified a number of associated problems, such as regulatory accountability, consistency, coherence and seamlessness. The new food regime and Food Bill will address these.

The principles underpinning the new legislation are for:

• costs to be minimised

• regulatory controls to be based on a regulatory model

• ‘persons’ to take responsibility

• consistent requirements

• a seamless/coherent programme

• trade to be facilitated.

Single, accessible point of contact

In the new food safety and suitability regime, Territorial Authorities will be promoted and supported as the ’shopfront’ for food businesses operating in their local area and will provide a single, accessible point of first contact for food businesses. This will enable Territorial Authorities to provide information on food safety and suitability, alongside their other regulatory requirements (such as liquor licensing, building consents and trade waste).

As the ‘shopfront’, Territorial Authorities will need to advise whether a food business operator requires:

• Food Handler Guidance – a non-regulatory educative tool issued by Territorial Authorities that can be permitted

• registration and inspection (status quo – during transition period only)

• compliance to a National Programme, as developed by NZFSA where it is more practicable for the sector

• registration and verification of an off-the-peg Food Control Plan

• registration and verification of a custom-made Food Control Plan.

By the end of the five-year transition period, Territorial Authorities will be verifying food businesses’ Food Control Plans within their ‘area of exclusivity’, ie within their district.

Template/model Food Control Plans will be developed by NZFSA for many food sectors. These will be available ‘free to air’ from Territorial Authorities or NZFSA’s website. Registered Food Control Plans within a Territorial Authority’s district will be verified to ensure they cover the scope of a food business’s operations and that the plans are implemented properly.

Certain food-related activities will be exempt from registration and will instead operate under Food Handler Guidance. This is primarily aimed at people who operate on an infrequent basis, eg: fundraising events by non-profit organisations, such as sausage sizzles and school galas, and some one-off community/cultural events.

Territorial Authorities may choose to issue permits for food activities subject to Food Handler Guidance to ensure the Food Handler Guidance is appropriate to the activity, and to inform operators of their responsibility to produce safe and suitable generic Food Handler Guidance material and guidance for Territorial Authorities, where needed.

What the ‘shopfront’ means for Territorial Authorities

The Territorial Authority ‘shopfront’ approach is seen as important for the successful implementation of the new food safety and suitability regime. During the consultation process this approach was supported largely because it:

• was the least disruptive option

• clarifies the roles of each agency

• offers communities continued access to food safety and suitability services around New Zealand

• has the potential to reduce transaction costs within the food regulatory regime

• allows Territorial Authorities to continue their involvement in ensuring food safety and suitability in New Zealand.

As the ‘shopfront’, Territorial Authorities will advise food business operators, both new and existing, which risk management tool they will need, if any, and when it is required (sectors will transition at different times). Once a food business sector has transitioned, it will be illegal for them to operate unless they register an appropriate Food Control Plan or operate under a National Programme.

Territorial Authorities will be encouraged to receive all Food Control Plan applications from new food businesses so they will be aware of all registration applications within their jurisdiction, but the registration process may vary depending on the type of application.

Providing guidance under the new regime

Territorial Authorities are also likely to be the first port of call for industry and the public to make complaints and report food safety and suitability non-compliance information. Territorial Authorities may become aware of non-compliance or complaints by:

• inspecting food businesses during the transition period

• verifying food businesses’ Food Control Plans

• members of the public relaying non-compliance or complaint information

• food businesses making complaints or relaying non-compliance information about other food businesses

• NZFSA, Public Health Units or other Territorial Authorities relaying non-compliance or complaint information.

Territorial Authorities will be expected to undertake initial assessments relating to non-compliances or complaints within their jurisdictions. This may not mean actual on-site visits or investigation. Territorial Authorities will be able to draw on information held in a register of all food businesses in New Zealand with Food Control Plans. Compliance information is also intended to be collected and held centrally by NZFSA.

Non-compliance needs to be addressed in a nationally consistent manner, and in proportion to the seriousness of the non-compliance. NZFSA will provide guidance to Territorial Authorities around:

• measuring the seriousness of a non-compliance

• determining the most appropriate response

• ensuring appropriate steps are taken by operators

• applying administrative sanctions appropriately

• initiating enforcement actions

• ensuring appropriate damage control in managing potentially adverse consequences for New Zealand.

NZFSA will provide Territorial Authorities with new tools for managing and preventing non-compliance and is working on developing a national grading scheme and public notification system. A guidance manual will also be developed for Territorial Authorities to help them administer the rules under the new food regime.

About New Zealand’s parliamentary process

The Parliamentary Counsel Office (PCO) is New Zealand’s law drafting office and is responsible for drafting most New Zealand legislation. The PCO starts by drafting a Bill, which is a proposed Act. This is introduced by a member of Parliament into the House of Representatives.

After its introduction a Bill becomes publicly available – a Bill has no formal existence until it is introduced to the House. It is at this stage that the Bill is referred to a select committee and is then open for public submissions. The select committee considers written and verbal submissions to a Bill, and at the conclusion of this provides a report back to Parliament. The Bill would then go through the remaining Parliamentary stages to proceed into law.

The new Food Bill began the drafting stage at the beginning of 2007, when, after extensive consultation, the PCO was instructed to commence drafting by the Minister for Food Safety.

Consideration of drafts of the Food Bill is now well underway. NZFSA has a duty to ensure the Bill reflects the agreed Government policy, and that it will serve the food industry well into the future.

NZFSA intended to have the bill ready for introduction late this year so it could be enacted in 2008. However, drafting the bill has proved more complicated than anticipated, and in the interests of getting it right, its introduction has been delayed.

With the added complication of a general election next year, the enactment of the Bill may be delayed.