The Food Bill was tabled in Parliament on 26 May 2010 and will have its first reading within the next few weeks in accordance with Government's scheduling of Parliamentary business. If the Bill passes its first reading it will then be referred to a Select Committee for consideration. The Select Committee process will enable interest parties to make submissions on what is being proposed.

The Food Bill proposes a change to New Zealand's existing food law (the Food Act 1981). It introduces a more risk-based approach to the regulatory regime and requires food operators - and food importers - to take primary responsibility for providing safe and suitable food. It also clarifies the role of the regulator and those tasked with verifying and enforcing the new rules.

The Food Bill is the result of only the second review of the domestic food sector in over 30 years. The Food Bill aims to provide an efficient, effective and risk-based food regulatory regime that manages food safety and suitability issues, improves business certainty and minimises compliance costs for business.

Risk-based approach to food safety

The Food Bill introduces a more risk-based approach to food safety. It proposes a shift from the current emphasis on ‘walls, floors and ceilings' approach to food safety (currently required by the Food Hygiene Regulations 1974) to considering the processes and practices that need to be in place at a food business to keep food safe. This approach reflects international best practice and will provide consumers with greater confidence that their food is safe.

Food operators (persons manufacturing, selling or trading in food) - and food importers - will have a duty to ensure their operations result in the provision of safe and suitable food. Persons involved in the manufacture, production and preparation of food for sale must be able to demonstrate that they carry out safe food handling practices every day of the year they operate.

Risk-based measures

The Food Bill proposes that any person involved in the trade of food must operate under one of three risk-based measures. These measures reflect the diverse range of food preparation activities. The risk-based measures are food control plans, national programmes and food handler guidance. A forth risk-based measure, ‘monitoring programmes' may be imposed on a food sector as and when appropriate.

Clarifying the roles of regulators

The Food Bill clarifies the roles of food industry regulators. NZFSA will take primary responsibility for all regulatory functions, including administering the new Food Act and related regulations, preparing guidance material and recognising persons who may undertake verification and enforcement functions. Along with territorial authorities, NZFSA will have the function of a registration authority, will have an approvals and verification role, and will have a range of enforcement powers.

Single set of rules

55% of local councils have developed bylaws to address gaps in the current law (the Food Act 1981). These cover compulsory training and/or qualifications for food handlers, specific premises types, and licensing and registration requirements. The Food Bill will largely remove the need for local food related bylaws - the whole country will operate under a single set of rules.

Improved compliance and enforcement provisions

The Food Bill provides for an improved compliance and enforcement regime. It includes provisions that set out the requirements for food businesses operating under risk-based measures to be verified, and includes a broader range of penalties and sanctions.

Domestic Food Review

We started the Domestic Food Review in 2003. To date it has covered all aspects of food safety and suitability of food produced, processed, manufactured, traded, transported and imported to New Zealand.

The review identified a number of problems in the food regime as applied across the country such as a lack of clarity in the roles of the regulators, a lack of consistency in the application of the current food regime, and a rising incidence of foodborne illness. In response, the New Zealand Government agreed to an overhaul of the Food Act 1981 and committed to providing an effective, efficient and risk-based food regulatory regime that:

• makes it easier for businesses to manage food safety
• minimises compliance costs for business
• reduces the incidence of foodborne illness
• provides consumers with greater assurances that their food is safe.

The Food Bill reflects the outcome of the Domestic Food Review.