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Integration of the NSW food safety system

The final report on the integration of the NSW food safety system by the Hon. John Kerin AM was handed to the State Ministers for Agriculture and for Health in November 2002. The report is now being considered by the Government.

The report is wide ranging in accordance with the requirements of Section 73 of the Food Production (Safety) Act 1998. It is available in full at the web address of the NSW Food Authority (link to PDF file).

An important part of the report was to:
  • consider whether the existing division of food safety responsibility amongst Safe Food NSW, NSW Health and NSW Agriculture should be retained; and
  • consider a future option which would:
    – establish a food safety agency with functions which apply from food production to retail; and
    – retain the responsibility of NSW Health for notification, surveillance, investigation and response to foodborne illness, along with a role in providing advice and education on nutrition and food safety.

Recommendations
The report contains 38 recommendations. The key recommendations are that the Government should establish through-chain food regulatory agency for NSW and that Safe Food NSW should provide the base for that agency. This means that the food regulatory resources and expertise of NSW Health would be merged with the resources and expertise of Safe Food NSW to establish the new agency (NSW Food Agency).

Safe Food's remit under the Food Production (Safety) Act is limited, at the moment, to food safety and it has no jurisdiction in the retail and food service sectors except for retail butchers. The report recommends that, at a minimum, the remit of the new agency should include food safety at all points in the food supply chain.

Other important recommendations include:
  • the NSW Food Agency should be the 'regulatory authority' under the Food Act and also be responsible for implementing the Food Production (Safety) Act 1998. This means that the agency would also take on the non-food safety responsibilities currently residing with NSW Health.
  • in addition to its regulatory functions, the NSW Food Agency should have a consumer information and education function.
  • NSW Health should retain responsibility for the following food related activities:
    – notifiable disease system and surveillance of foodborne disease;
    – epidemiological investigation and joint response to foodborne disease;
    – nutrition policy; and
    – health promotion activities.
  • the responsibility of local government for food regulation should be clearly defined and appropriately resourced.
  • the NSW Food Agency should undertake a whole-of-chain scientific review of food safety risks in order to produce a risk profile of the NSW food industry. The risk profile should underpin a stratified approach to food safety risk management and the achievement of public health goals.
  • NSW Health should continue to progress its initiative to implement Standard 3.2.1 (Food Safety Programs) in high risk sectors identified by the National Risk Validation Project (Food Safety & Hygiene, November 2002).
  • funding for the development of new food safety schemes should provide for information and training mechanisms to ensure the effective roll-out of these schemes.
  • the activities of compliance audit and inspection undertaken by the new agency should be funded by the food industry using the cost recovery mechanisms of the Food Act and/or the Food Production (Safety) Act 1998 as appropriate.

These recommendations, if adopted by the Government, will mean major changes to the administration of food law in NSW. All food businesses will be awaiting the Government response which is expected to be a speedy one.


Food Safety and Hygiene
Prepared by Keith Richardson and Rachel Jackson
Food Science Australia
PO Box 52, North Ryde 1670. Tel +61 2 9490 8397 Fax +61 2 9490 8499
Email enquiries@csiro.au