The Food Act is a New Zealand Act of Parliament passed in 2014. It came into force on 1 March 2016 and progressively replaced the Food Act 1981 for the next three years.[1]
It was introduced as the Food Bill 160-2 on 26 May 2010 to make some fundamental changes[2] to New Zealand's domestic food regulatory regime. Significantly, for an export led economic recovery for New Zealand, the domestic food regulatory regime is the platform for exports.[3] The New Zealand domestic standard is used as the basis for negotiating equivalence arrangements with trading partners. This minimizes the excessive importing country requirements that may be imposed but which do not go to food safety. If passed into law and fully implemented, it would replace the Food Act 1981 and the Food Hygiene Regulations 1974. Food Bill will also make consequential amendments to the Animal Products Act 1999 and the Wine Act 2003 to improve the interface of regulatory processes across food sectors.
Codex Alimentarius (Latin for "Book of Food") is a collection of internationally recognised standards, codes of practice, guidelines and other recommendations relating to foods, food production and food safety.
MAF manages New Zealand's participation in Codex and sets strategic priorities which ensure that Codex standards have the widest possible application.
New Zealand attaches great importance to the work of Codex and has been a member since its formation in 1962. The New Zealand Food Safety Authority (NZFSA), as the lead agency, is responsible for managing New Zealand's input and participation in Codex.
In 2009, NZFSA developed a new Statement of Intent which underlines New Zealand's commitment to a risk-based regulatory system and standards development programme, underpinned by sound science, and an effective government role in facilitating commerce and market access. This also provides a framework for challenging protectionism and technical barriers to trade in the global trading environment. Therefore, in alignment with its domestic position, New Zealand has an interest in ensuring that Codex standards, and related texts, are risk-based and founded on sound science and that Codex is efficient and responsive to the needs of its members. Furthermore, as a trading nation, New Zealand sees the work of Codex as central to reducing technical barriers to trade and facilitating greater market access through the development of sound international standards with wide application.[4]
Food Bill includes provisions to implement Codex Alimentarius regulations into New Zealand's domestic food regime through two primary mechanisms:
Material incorporated by reference:
The term "incorporation by reference" is used to describe a technique that gives legal effect to provisions contained in a document without repeating those provisions in the text of the incorporating legislation.[5]
By Order in Council (with no requirement for public consultation)
Food Bill Section 346 "The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting standards in relation to food that specify the criteria that all or any of the following must meet to ensure that food is safe and suitable"
Food Bill Section 355 "Regulations about definitions (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations – (a) declaring anything to be food for the purposes of this Act"
Domestic regulations must match export regulations
Food Bill SOP 276, Section 346 – "Regulations about standards in relation to food – (6) Regulations made under this section must not set a standard for food sold for export that is different from the standard set for food sold on the domestic market."
The Food Act 2014 becomes effective on 1 March 2016 when all new business will need to conform to the new Act and there will be a three-year transition period ending 28 February 2019 for all existing food premises that are not otherwise exempted to move over to either a Food Control Plan or National Programme.
New Zealand is one of 165 member nations of Codex Alimentarius. Other codex member nations are also passing or are proposing to pass similar legislative changes:
HSNO protects New Zealand against biological contamination from genetically modified organisms being introduced into New Zealand's unique island nation biodiversity.
At least one New Zealand Minister of Parliament (Steffan Browning) has noted that the "genetic modification of food" has been deleted from the first draft of the Food Bill 160-2 as if the Minister for Food Safety is proposing that genetic modification is not a matter of food safety, which is very much as odds with the national opinion (New Zealand) on genetic modification.
Whereas USA production as of 2011 was 94% GMO Soy beans and 88% GMO Corn, New Zealand remains unadulterated to production of genetically modified organisms within its borders
The NZFSA (now part of MAF) commenced consultation on the Domestic Food Review in 2004 with a series of public discussion papers. The outcome of the Review was the proposals for the Food Bill. The public were actively consulted with from 2007 to 2010 on the Domestic Food Review and the Food Bill. This consultation has included forums and consumer groups, discussion papers and public submission processes. The publications and information on the Food Bill have been available throughout this process on the NZFSA website and were used to support consultation.
During the public consultation on the Food Bill by the Primary Production Committee from 22 July to 2 September 2010, 66 submissions were received. These can be viewed on the Parliamentary website (see the link at the end of Q4).
Public enquiries by phone and email up until 2010 numbered 1670 and there have been over 70,000 page views for the Domestic Food Review, Food Bill and the Food Control Plan.
A Consumers Forum was established in 2002 and met 3-4 times a year until November 2008 the Domestic Food Review and subsequently the Food Bill were regularly an item on their agenda. The Forum's mailing list included 61 consumer organisations and 88 individual representatives. More information on the Consumers Forum is here:
Staying in touch with peopleArchived 10 February 2013 at the Wayback Machine
The costs-of-food-sickness justification for Food Bill 160-2 were grossly exaggerated, and hence the real motives have not been fully disclosed by the New Zealand government.
Critics say that once Codex standards become law, consumers will have inferior food rules imposed upon them, while food standards and trade will be completely controlled worldwide. Codex may ultimately:
Prohibit the use of natural substances to prevent and treat disease
Legalize genetically modified organisms
Mandate antibiotics and hormones in animal feed
Raise the allowable level of pesticides, toxins and drugs in foods
Prohibit consumers from purchasing traditional herbs and medicines
An online petition was created in August 2011, stating: "Sharing food is a basic human right. The Food Bill 160-2 will seriously impede initiatives like community gardens, food co-ops, heritage seed banks, farmers markets, bake sales, and roadside fruit & vegetable stalls. Sign this petition to show that you oppose Food Bill 160-2"
Within 5 months it had received over 40,000 signatures. As of May 2012 it has 42303 signatures which represent almost 1% of New Zealand's 4.36m population.
While this demonstrates that the Food Bill is a matter of national concern, it falls far short of the requirements to trigger a citizen's initiated referendum, which would need votes equivalent to 10% of all eligible registered electors (approx. 300,000 votes required.)
Even if a citizen's initiated referendum proceeded, it would be non-binding on the Government.
