The Food Act 2014 (FA) comes into force today, replacing the Food Act 1981. The aim of the FA is to promote food safety by focusing on food production processes rather than the premises where food is prepared. The FA introduces higher penalties (up to $500,000 for companies and $100,000 for individuals) for breaches and a range of other enforcement tools including improvement notices and compliance orders.
The FA applies to all new food businesses from 1 March 2016 (including food intended to be exported). However existing businesses, depending on the nature of their food business, will have the option of transitioning to the FA between March 2016 and February 2019 according to this timetable.
According to Scott Gallacher, Deputy Director-General Regulation and Assurance, at the Ministry for Primary Industries, “[t]he [FA] is designed to modernise food safety in New Zealand. It will make it easier for businesses to make sure their food is safe.”
The FA uses a “sliding scale” approach – business supplying food that is deemed a higher risk from a food safety perspective (eg baby food, diary and meat) will face more onerous regulations than businesses viewed as lower risk. This contrasts with the Food Act 1981 which imposed a “one-size-fits-all” approach to food safety.
The FA introduces two new food safety mechanisms:
- Food control plans (FCP) for higher risk activities which are “designed for a particular food business to identify, control, manage, and eliminate or minimise hazards or other relevant factors for the purpose of achieving safe and suitable food…” FCPs can be (i) a template FCP supplied by MPI; or (ii) a custom FCP food that a business develops.
- National programmes for moderate risk activities which are “designed to identify, control, manage and eliminate or minimise hazards or other relevant factors for the purpose of achieving safe and suitable food…”
Existing manufacturers of food for “vulnerable populations” are the first business segment that must be FA compliant, with a deadline of 30 June 2017. Foods are deemed to be for vulnerable populations if they are specifically targeted, designed or developed to be eaten by:
- children under 5 years of age;
- seniors citizens over 65;
- pregnant women; or
- people with compromised immune systems.
There are various exemptions from the FCPs for fundraising and community groups and businesses and education providers. This includes, for example, organisations selling food for the purposes of fundraising less than 20 times a year. The FA also gives MPI the power to grant exemptions in particular circumstances. Businesses should note that there is overlap between the FA, and the Animal Products Act 1999 and Wine Act 2003.
The FA rewards businesses which manage food safety with less frequent checks, while poor performers will face greater scrutiny. According to MPI “[b]y making food safety requirements more efficient for businesses, the Act fits with wider government efforts to deliver better public services.” This approach would seem to promote a level playing field for competition as non-complying businesses which cut corners should face greater compliance costs.
Standards NZ becomes part of the MBIE from today
As of today Standards New Zealand becomes part of the Ministry of Business, Innovation and Employment with the Standards and Accreditation Act 2015 (SAA) coming fully into force. Under the SAA the functions and role of the Standards Council will now be undertaken by the New Zealand Standards Executive. A new Standards Approval Board will also begin today.