If you’re in the food business, and you’re not across the fact the Food Act 2014 has been introduced, you need to be – especially if you’re one of the countless ventures that should have already registered.
The updated law is in force now, and brings with it new requirements, considerations … and heftier fines for food providers who break the rules.
Designed to establish a flexible, cost-effective and risk-based food safety management system, the new Act moves away from the “one-size-fits-all” approach of its 1981 predecessor.
In one of the most significant changes, it introduces a sliding scale of risk – high, moderate/moderate-low, and low – based on the specific hazards of each food business. The higher the risk factor, the more stringent the obligations imposed under the Act, and vice versa.
Sectors deemed “high risk”, including the likes of manufacturers of baby food and dairy products, and meat suppliers, must operate under a “food control plan”, or continue with an equivalent framework under the Animal Products Act or the Wine Act. (Many higher-risk businesses already have food safety programmes in place under the former legislation, and these transition into the new Act.)
“Moderate risk” foods must be produced in line with national programmes that come in three levels; the level will vary depending on how the food is classified.
Lower-risk foods, such as those provided in home-based early childhood care, don’t need to be produced under any type of food control plan or national programme.
Both new and existing businesses need to register – whether that’s with their local council or the Ministry for Primary Industries (MPI) depends on their risk profile. New ventures must register immediately and comply with the revamped rules from the get-go; existing businesses are transitioning sector-by-sector to the new regime under a prescribed timeline, until 2019.
It’s important to note, though, food businesses with an alcohol licence – and that would be the bulk of restaurants, cafes, caterers, bars, together with other organisations that make and serve food, like rest homes – had to register by the end of March. Missed the deadline? MPI says don’t fret, but don’t procrastinate, either – get your application sorted and in.
The law applies to all food produced in New Zealand, whether for the domestic or export markets, as well as food imported for resale, and is administered by MPI, with enforcement carried out by local councils’ food safety officers. If you’re in the food business, and you haven’t already checked out MPI’s website, it features a comprehensive outline of the new requirements, transition timetable, template food safety plans, as well as an online tool to help you determine where your business fits into the new law.
The new legislation brings relatively significant changes to the product recall threshold, too, giving MPI’s chief executive more teeth when it comes to dealing with problem food.
It also creates new offences and fines – maximum penalties now sit at $100,000 for individuals and $500,000 for companies. Failing to register your food business, for starters, could land you with a $450 penalty.
The new legislation drew some recent criticism from businesspeople involved in the food industry, who were concerned the Act would bring higher compliance costs and hardship. One of the ideas behind the new legislation is that, technically, it should enable businesses to influence their own compliance costs – in that, those that comply will be subject to fewer checks, while poor performers will receive the extra attention. In fact, it was the Government’s view that the 1981 Act featured unnecessary compliance costs, fees that didn’t do enough to protect consumers and reduce foodborne illness.
As with most changes, though, the answer lies in the ultimate success of the changes, so any meaningful cost-benefit analysis is some way off.