Changes to Food Regulation In Victoria Gary Smith Manager Systems & Capacity Building Food Safety and Regulation

Changes to Food Regulation In Victoria Why VCEC Inquiry? A perception of over-regulation – especially affecting small business and the not for profit sector “Hot button” issues – farmers market stalls; community good activities; inconsistency of regulatory approach, capacity and commitment across 79 councils; “naming and shaming”, food labelling

Changes to Food Regulation In Victoria Objectives – Response to the VCEC Inquiry Deliver practical proposals for reduction in the administrative burden of food regulation without compromising public health Take the opportunity to strengthen governance and accountability of the food regulatory system and acquire data Increase capacity to influence national food standards setting agenda to ensure robust policy, enforceable regulation and effective risk management

Changes to Food Regulation In Victoria About the Food (Regulation Reform) Act 2009 A key enabler to implement the Government’s response to the VCEC Inquiry into Food Regulation. Only part of the package of announced measures to strengthen the food regulatory system. Other measures developed in tandem complement the legislative changes.

Changes to Food Regulation In Victoria Identified governance issues: Devolved food regulatory system No legitimacy for DH to set state-wide policies and guidelines for consistency of regulatory approach Lack of accountability - no mandatory data collection or publication requirements Not seen as systematic

Changes to Food Regulation In Victoria Identified Regulatory Issues The level of regulation for some activities was widely perceived to be disproportionate Duplication of regulatory requirements – e.g. temporary and mobile premises registration The law was frequently not being enforced as written Insufficient range of regulatory tools available

Changes to Food Regulation In Victoria Policy objectives of changes Strengthen governance and accountability of the Food Act regulators. Require collection and reporting of data to enable improved food safety outcomes, regulatory management and accountability of regulators. Better target the level of regulation to risk while protecting public health; factoring in community expectations and pressures on small business. Enable financial disincentives for poor food safety performance and some improved regulatory tools. Enable flexible and strategic approaches and business choice wherever possible.

Changes to Food Regulation In Victoria Proportionate Regulation Shift from 2 class system to new 4 tier business classification system for regulatory purposes Regulation is designed to be “fit for purpose” – i.e. sufficient for the nature, and extent (or frequency) of the activities Some premises will move from class two to either class three or class four

Changes to Food Regulation In Victoria Regulatory requirements according to classification: Class 1 – continue to require registration, FSP and FSS. Annual audit plus mandatory council assessment. Class 2 – continue to require registration, FSP and FSS. Mandatory annual audit or council assessment, depending upon type of FSP. Councils have discretion as to whether to inspect. Mandatory inspections remain for initial registration and transfer. Audit reports provided to council. Class 3 – registration but no FSP or FSS required. Simple record keeping and guidance material only. Mandatory annual council inspection. Class 4 – notification rather than registration. No FSP or FSS. Guidance material available. No mandatory council inspection due to very low risk.

Changes to Food Regulation In Victoria Temporary and Mobile Food Premises and Vending Machines Prior to changes:. Each premises on which vending machines are located is required to be registered. VCEC found that this created an unreasonable burden on business.

Changes to Food Regulation In Victoria Temporary and mobile premises - changes A voluntary mutual recognition scheme initially introduced (July 2010 until July 2011). From July 2011, a single registration/notification scheme will apply on a state-wide basis: –Each temporary or mobile food premises, or a food business that operates vending machines, must register with/notify one council. –enables the van or stall to operate anywhere in Victoria provided the proprietor lodges a “statement of trade” prior to trading in another council. –Regulatory requirements otherwise linked to risk classification (as for fixed premises).

Changes to Food Regulation In Victoria Temporary/mobile premises – how will the scheme work? The single registration will cover all nominated stalls/vans/vending machines. One food safety program (where required – depending on risk classification) will address all risks. Registering council will initially inspect. Otherwise inspection/audit as per risk classification. Other councils will have discretion to inspect and must report any issues to the registering council. Any council will have capacity to suspend trading for the day, if a food premises poses an immediate risk to health and report to registering council. Central database will support the scheme, so that all councils can see record of regulatory actions.

Changes to Food Regulation In Victoria Enforcement New tools: Penalty infringement notices for specified food safety/hygiene breaches Enforceable undertakings – especially for food labelling breaches Councils will have capacity to charge for repeat inspections of poorly performing food premises (discretionary). Guidelines being developed by DH to ensure consistent and fair use of the tools.

Changes to Food Regulation In Victoria Information for the public DH annual report Register of convictions – different from NSW approach to “name and shame” Publication of temporary closure orders can occur

Changes to Food Regulation In Victoria Other initiatives developed in tandem with the legislation New risk classification framework and risk classification tool Data collection and reporting framework New databases for temporary and mobile food premises and food sampling results Upgrade of council IT systems to automate consistent data capture and reporting Simplified food safety program templates On-line training for food handlers now available Establishment of Food Regulators Forum

Registration & notification New forms to allow businesses to utilise the new system, with multiple premises on the one registration. They are lengthy but should be one-off as the department will arrange for the information collected on the forms after 1 July 2011 to be entered into the state-wide database. Renewals (Class 2 & 3) are pre-populated.

Registration & notification Notifications (Class 4) Notifications are once off, however where proprietors wish to trade at different places, events etc they also need to fill in the SOT the same as registered premises. Compliance: Class 2 – to be determined* Class 3 – one sample per registration (i.e. a typical machine in a registration consisting of multiple machines) Class 4 – no mandatory inspection

Registration & notification Statements of Trade (SOTs) SOTs lodged by ( , fax, post) Single registration database (Streatrader) Commencing mid 2012 – greatly simplify registration/notification Councils can share information about a business’s –food handling practices, –registration details, –compliance history and –inspection results.

Upcoming Work Blair Review (traffic light labelling) Risk assessment of a class 2 machine