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

2. Standard 1.2.7: Nutrition, Health & Related Claims
WHAT WE WILL COVER
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?

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BUT the majority of the Act will become operational on 1 March 2016 when the Food Act 1981 is repealed.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

4. 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.

5. Key Changes
Sliding Scale of Risk-based Monitoring & Food Handling Practices
Food Act 1981 – One Size Fits All
Food Act 2014 – Sliding Scale

6. Where does your business fit?

7. Key Changes Continued
Food Act 2014 only covers food that is produced or traded commercially.
Growing food for personal use and sharing with others is not covered by the Food Act.
Trading of seeds for planting will not be covered by the Food Act.
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.
Increased penalties: $100,000 individuals & $500,000 for companies.

8. 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.

9. What do these changes mean for you?
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 ….)

10. What do these changes mean for you?
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.

11. Product Recall Type of product recalls: voluntary product recalls
mandatory product recalls
Legal Obligations:
Food must be safe and suitable for human consumption.

12. 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

13. 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.

14. Standard 1.2.7: Health and Nutrition Claims
Standard 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.

15. 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”

16. 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.

17. 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 – not consumer friendly
Necessary for normal structure and function of skin and mucous membranes

18. Examples

19. Examples

20. Examples Product Assumption Claims
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.

21. Examples Product Assumption Claims
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.

22. Examples Product Assumption Claims
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.

23. 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!