Who’s Minding the Store Downunder: The regulator protecting public health and safety. Deon Mahoney Food Standards Australia New Zealand Seattle University School of Law Office of Continuing Legal Education10-11 April 2008

2 Exotic and dangerous wildlife

3 Australia - Primer  1 Commonwealth Government: 6 States + 2 Territories Local Govt Areas  21 million people  Island nation – we don’t have: Foot and mouth disease Exotic zoonoses H5N1  Major exporter of agricultural commodities and processed foods  Significant imports of food

4 Australians enjoy access to a very safe and diverse food supply …

5 Food safety issues….  Contaminated food causes approximately 5.4 million cases of gastroenteritis per annum*  1.2 million visits to medical practitioners*  2.1 million days of work lost per annum*  Total cost of foodborne illness in Australia is estimated at $1.249 billion per annum # Attribution to food vehicles is a major issue * Hall and Kirk, 2005 # Australian Government Dept of Health and Ageing, 2006

6 Food Regulation – Who does what Australia New Zealand Food Regulation Ministerial Council Role - develop domestic food regulation policy Comprises - Ministers from the Governments of Australia, New Zealand, and the States and Territories. Each jurisdiction brings a "whole of government" view to the Council Policy Development Food Standards Australia New Zealand (FSANZ) Role – develop food standards Policy Guidelines Standards Setting State + Territory + New Zealand Agencies Role – enforce food standards Implementation

7 FSANZ - Responsibilities  FSANZ sets food standards that:  protect the health and safety of food consumers;  ensure consumers are informed about the food they buy; and  prevent deceptive and misleading conduct.  FSANZ regulatory measures should also:  Be based on risk analysis using the best available scientific evidence  support an innovative food industry; and  ensure consistency with international obligations

8 Food Standards Code Food hygiene Food Standards Code Labelling - including claims Contaminants and residues Additives and new foods Composition of food products Microbiological limits (Australia only) Primary production and processing (Australia only)

9 Current Activity  Whole-of-chain Primary Production and Processing Standards Seafood, Dairy products, egg and egg products, poultry meat, raw milk products, etc  Fortification Folate, Iodine, etc  Health claims Reflects focus on both health protection from acute illness and prevention of chronic disease.

10 Contemporary Issues  Acrylamide  Ethyl carbamate  Food colours  Allergens  Nanotechnology  Low level contaminants  etc

11 Food Imports – Special issues  Mitigating the risk associated with imported food  AQIS - Australian Quarantine and Inspection Service administers the Imported Food Inspection Scheme: Inspection based on risk category Starting to recognise importers food safety management systems through compliance agreements  FSANZ - Provides advice on risk

12 Food Imports – Risk list  Evolved a Decision Making Tool – Determines the level of inspection for imported food  Based on: History Likelihood Adverse effects – populations Risk mitigation post-importation  High Risk: 100% Inspection and Testing  Remainder: 5% Inspection and potential for testing

13 Summary  Australia is seeking pragmatic solutions to food safety problems  Horizon scanning for new and emerging foodborne hazards  Consumer knowledge, food beliefs and perceptions are important issues  Trend towards outcome based standards, with a focus on prevention rather than end- product testing arrangements  Addressing acute and chronic health issues

14

15