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

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?

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 BUT the majority of the Act will become operational on 1 March 2016 when the Food Act 1981 is repealed.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

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.   www.simpsongrierson.com

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

Where does your business fit? www.simpsongrierson.com

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. www.simpsongrierson.com

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. www.simpsongrierson.com

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 ….) www.simpsongrierson.com

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. www.simpsongrierson.com

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

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 www.simpsongrierson.com

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. www.simpsongrierson.com

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. www.simpsongrierson.com

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” www.simpsongrierson.com

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. www.simpsongrierson.com

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 www.simpsongrierson.com

Examples www.simpsongrierson.com

Examples www.simpsongrierson.com

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. www.simpsongrierson.com

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. www.simpsongrierson.com

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. www.simpsongrierson.com

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! www.simpsongrierson.com