Proposals for regulations under the Food Act 2014

Background

While the Food Act 2014 provides a legal framework for food safety, regulations will set out how the risk-based approach will work on a more practical level.  Regulations were proposed in the following areas:

• food control plans and national programmes
• recognised agencies and persons
• approved documents, material, facilities, persons or classes of persons
• food standards – ensuring food is safe and suitable
• imported food
• requirements for registration and verification (auditing) of businesses
• cost recovery
• infringement offences
• exemptions
• transitional matters – how existing businesses will move from the Food Act 1981 to the Food Act 2014.

Consultation process

Public consultation on the proposed regulations took place between 19 January 2015 and 31 March 2015. MPI held 23 meetings in 12 centres around the country. 

• Over 600 people attended the meetings. 
• 148 written submissions were made on the proposals. 

Summary of submissions

A summary of submissions is available and a regulatory impact statement, prepared by MPI, takes into account the feedback and submissions received during the consultation. Download the:

• Summary of submissions
• Regulatory impact statement [PDF, 584 KB].

Decision

Cabinet has approved the final policy for regulations that are to be made under the Food Act 2014. 

• Download the Cabinet paper [PDF, 2.8 MB]

Changes to original proposals

Submissions broadly supported the policy proposals in the consultation document.  However, a number of changes were made.  Generally these relate to:

• how the verification process will operate
• providing more clarity about how the evaluation process will work
• providing greater clarity about some of the safety and suitability proposals and removing undue prescription
• the registration period for businesses operating under national programmes
• transition timeframes and making specific provisions in the transition schedule for  businesses already operating under a risk based measure.

Next steps

The regulations will be drafted and should be finalised late this year (2015), before coming into effect on 1 March 2016.  Final regulations will be published in the New Zealand Gazette and MPI will advise when this happens on this website.

Further legal requirements will be issued by MPI in the form of Notices. These will provide further detail about what people or businesses need to do to meet requirements of the Act and address specific sector requirements. MPI will develop these notices in 2015 and do targeted consultation with affected stakeholders.

To support implementation, MPI will develop a package of materials that will include templates and advice for food businesses and for verifiers and evaluators.  We will also continue to work closely with territorial authorities to promote consistency in the way the Act is implemented.

Further proposals may be developed as the new food safety system develops and matures.

MPI is also developing an online tool, which will help people identify and understand where they fit under the Act and what they will need to do. Once completed, this tool will be made available on this website. 

Cost recovery

The Food (Fees and Charges) Regulations 2015 were gazetted in May 2015.  The fees published apply only to services provided by MPI, as territorial authorities will set their own fees.

Businesses will not be charged by both MPI and a territorial authority for the same service. A minor amendment is being made to clarify that MPI and territorial authorities will each be able to waive their own fees and charges.

• Find out more about MPI fees and charges

Find out more

• Food Act 2014

Who to contact

If you have any questions:

• email info@mpi.govt.nz
• Freephone 0800 00 83 33 (New Zealand only)

Consultation meetings held

During consultation, MPI held a series of meetings throughout the country to explain the proposals and answer any questions.