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Safe food and good business practices lower compliance costs

Food businesses that consistently provide safe and suitable food benefit in 2 ways.

  1. It builds consumer trust, which could result in more sales.
  2. Compliance costs will usually be lower, which should lead to higher profits.

A core part of the food safety system is to help food businesses meet legal requirements.

Food businesses need to know when their food may be unsafe or unsuitable.

If something goes wrong, they need to prove:

  • the problem is fixed
  • the food is safe
  • they’ve taken steps to ensure the issue doesn’t happen again.

Verification activities

To make sure rules are being followed, food businesses are verified, which  includes compliance checks.

How verification works

Most food businesses follow the rules. But they still need to be checked now and again. The people who do these checks are called verifiers. They ensure food businesses are operating safely.

Verifiers are formally recognised for having sufficient competence and independence. Most often they work for territorial authorities (councils) or third parties.

New Zealand Food Safety also employs verifiers. They verify food businesses processing:

  • meat
  • seafood
  • other animal products.

These businesses need to follow risk management programmes or food control plans.

What do verifiers do?

  • Verifiers check that food business operators are sticking to their programmes or plans.
  • They provide coaching or mentoring.
  • They help food business operators improve.

In some locations, they assess businesses for a food safety grade based on performance.

How compliance works

New Zealand Food Safety’s approach to compliance follows the VADE model. VADE is based on a graduated approach to compliance.

  • Voluntary.
  • Assisted.
  • Directed.
  • Enforced.

The VADE model

Voluntary compliance: We try to make it easy for food businesses to follow the rules. We want requirements to be as reasonable and easy to understand as possible. This encourages food businesses to voluntarily follow the rules.

Assisted compliance: This is used when a food business needs more help to follow the rules. They might need to be reminded of their obligations and requirements. In those cases, we’ll give them the information they need to fix any problems and monitor them to make sure it happens.

Directed compliance: This happens when assisted compliance has failed to produce long-term behaviour changes. Officers can direct changes or actions required. Examples include:

  • warnings
  • infringement notices
  • notices of direction
  • other compliance orders.

In some cases, prosecution action may be taken through the courts.

Enforced compliance: We use this when the previous steps (voluntary, assisted, directed) have not worked. However, it’s also used in serious cases or when people have chosen to deliberately break the law. After investigation, it may lead to court action.

The role of food safety officers

Food safety officers are the people on the ground who help food businesses with compliance. They:

  • are involved in reacting to food safety issues
  • conduct investigations when things go wrong.

Officers work for either councils or New Zealand Food Safety.

Under the Food Act 2014, food safety officers have tools to protect consumers from:

  • unsafe food
  • food businesses that fail to identify allergens in their products
  • unethical food business operators
  • misleading or inaccurate labelling.

The Act allows for instant fines. This gives officers the power to deal quickly and effectively with minor offences.

Enforcement tools available to food safety officers

Officers can draw on a wide range of tools to help food businesses fix any problems.

  • Improvement notices and notices of direction – these require food business operators to improve food safety without costly court action.
  • Powers to close or restrict the use of a food business.
  • Compliance orders – issued by a District Court to compel food business operators to take certain actions.
  • MPI Chief Executive Privileged Statements and recalls – used to direct a food business or issue a recall.
  • Prosecution – for more serious cases.

Find court judgments associated with the Food Act 2014

Find out more Food Act 2014 requirements, including regulations

Introduction to food safety legislation

Subscribe to Food Act 2014 website updates

Email us if you have questions

info@mpi.govt.nz

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