13 November 2014 Ciska de Rijk Navigating the New Food Law Regimes.

13 November 2014

Ciska de Rijk

www.simpsongrierson.com

Navigating the New Food Law Regimes

Food Act 2014• Key changes to Food Act 2014

• What does this mean for your business?

• What do you now need to operate under?

• Product Recall

Standard 1.2.7: Nutrition, Health & Related Claims• Overview of Standard 1.2.7

• What claims for fruit / vegetables can be made & requirements to do so?

WHAT WE WILL COVER


Food Act 2014

When does the Food Act 2014 become operational?

• The Food Act 2014 (Act) was enacted in May.

• BUT the majority of the Act will become operational on 1 March 2016 when the Food Act 1981 is repealed.

• EXCEPT the provisions relating to product recall and the ability to manage a food safety incident that are already operational.


Food Act - Regulations

What happens between now and 1 March 2016?

• Food Act sets framework – detail will be in Regulations.

• Regulations currently under development.• Public consultation in March / April• In force 1 March 2016 (but transitional period)

• KEY TAKE HOME: monitor and track the development of regulations and provide comments.


Key Changes

1. Sliding Scale of Risk-based Monitoring & Food Handling Practices

• Food Act 1981 – One Size Fits All

• Food Act 2014 – Sliding Scale


Where does your business fit?


Key Changes Continued

2. Food Act 2014 only covers food that is produced or traded commercially.

3. Growing food for personal use and sharing with others is not covered by the Food Act.

4. Trading of seeds for planting will not be covered by the Food Act.

5. Unlike old Act, there is a clear exemption to allow for Kiwi traditions like sausage sizzles, home baking at school fairs, raffles and charity fundraisers to take place.

6. Increased penalties: $100,000 individuals & $500,000 for companies.


What do these changes mean for you?

If you sell fruit and vegetables:

• direct to the consumer (eg. farmers market): you must continue to sell safe food.

• to an outlet: it is likely that you will need to operate under National Programme Level One.

Are there any exemptions?

• MIP can exempt food business from having to operate under a Food Control Plan or National Programme.



If you are importing food:

• you must have a registered importer.

If you are exporting food:

• You must still comply with the Food Act .

• However, you can apply for exemptions for specific foods and/or export markets (we find this requirement bizarre ….)



Current Plans:

• If you currently operate under a Food Safety Programme, these will become Food Control Plans under the new Act.

• If you’re classified to operate under a National Programme, but want to operate under Food Control Plan, this is fine.


Product Recall

Type of product recalls:

• voluntary product recalls

• mandatory product recalls

Legal Obligations:

• Food must be safe and suitable for human consumption.


Product Recall

How do you know when to initiate a voluntary recall?

• Is the product unsafe or unsuitable?• Is the product likely to detrimentally affect public health?

If the answer to these Questions is YES, you should initiate a product recall.

BUT – issues with identifying source of contamination

• Yersinia outbreak – NZ• E-coli outbreak - Germany


Product Recall

How do you mitigate risk?

• Plan before a crisis happens• Implement a robust product recall plan

What steps should you follow in a voluntary recall?

• Appoint senior person to co-ordinate recall.• Identify where “faulty” food went (ie, customers, wholesalers).• Prepare for media interest (if any) and brief call centre staff on script on recall for

customers.• Notify authorities (eg. MPI)• Notify all distribution channels/customers.• If above point is not practicable or if most customers cannot be contacted, public notice

may be required.• Update authorities.


Standard 1.2.7: Health and Nutrition Claims

Standard 1.2.7 introduces new law around health and nutrition claims.

What is new?

• You can make health claims about fruit and vegetables that specifically refer to diseases.

Why are these changes good?

• Provides new marketing opportunities.• It is also a good opportunity to think about what claims you can make and

what packaging is needed.


Health & Nutrition Claims

Nutrition Content Claim

• These are claims about a nutrient: “good source of fibre”• These claims must meet certain threshold requirements (eg. 4g fibre per serve)

General Level Health Claim

• Link to effect on health but not disease specifically: “calcium is good for your bones”

High Level Health Claim

• Link to serious disease: “high intake of vegetables reduces the risk of coronary heart disease”


Labelling Requirements

• Standard is ridiculously complex regarding labelling.

• Where applicable:

• Identify the food or property of food• The health effect• Any required population group• Dietary context statement• Form of food which the health claim relates.


Example

Taking an extreme example of this:

• Eating lots of veggies, like these french fries …

• Reduces risk of heart disease…

• When part of a diet containing lots of fruit and vegetables …

• Before they are deep-fried in fat and coated in salt.

Lastly, the claims listed under Standard 1.2.7 – not consumer friendly

Necessary for normal structure and function of skin and mucous membranes


Examples

Product Ingredient Threshold Requirement Claims

Lettuce Potassium Serving contains more than 200mg of potassium.

Essential for health fluid and mineral balance.

Supports healthy growth and balance in children.

Supports a healthy nervous system.

Supports healthy muscle function.


ExamplesKiwifruit Vitamin C Adult serving size must contain more than 4mg of vitamin C (10% of adult RDI).

Helps the body absorb iron from food.

For healthy structure and function of connective tissue.

For healthy blood vessels.

Helps protect cells against free radical damage.

Essential for brain and nervous function.

Supports health growth and development in children.

Supports healthy bones and cartilage

Supports healthy gums and teeth

Supports healthy skin

Supports healthy metabolism

Supports mental wellbeing

Supports healthy immunity

Helps to reduce tiredness and fatigue


Examples

ProductAssumptionClaimsServing contains more than 200mg of potassium.Essential for health fluid and mineral balance.Supports healthy growth and balance in children.Supports a healthy nervous system.Supports healthy muscle function.

Mushrooms Niacin Adult serving size must contain more than .11 mg of niacin (10% of adult RDI).

Essential for brain and nerve function

Essential for energy release

For healthy skin

Supports healthy growth and development in children

Supports mental well being

Helps to reduce tiredness and fatigue


Examples


Apple Calcium Adult serving size must contain more than 80 mg of calcium (10% of adult RDI).

Essential for heathy bones and teeth

Vital for healthy nerve and muscle function

Essential for healthy blood clotting


Supports healthy digestion

Supports healthy growth of cells at all ages



Examples


Avocado Zinc Adult serving size must contain more than 1.2 mg of zinc (10% of adult RDI).

Essential for healthy immunity

Vital for healthy cells

Supports healthy skin and wound healing


Supports acid-base balance in the body

Supports use of carbohydrates in the body

Supports healthy brain function

Supports fertility reproduction


Supports use of fats in body

Supports use of vitamin A by the body…

See United Fresh User Guide for even MORE!


Summary

Food Act make sure you’re aware of your obligations under the new Regulations

if you have concerns, make MPI aware of these concerns

Product Recall look at your current recall processes prepare, or update your, product recall plan

Standard 1.2.7 consider what claims you can make check out the United Fresh Guide – it’s very useful!

13 November 2014 Ciska de Rijk Navigating the New Food Law Regimes.

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