Search

Integration of the NSW food safety system

The integration of the NSW food safety system described in the June 2003 issue of Food Safety & Hygiene has now been formalised with the creation of the NSW Food Authority. The Authority, which merges Safe Food NSW with the food regulatory functions and resources of NSW Health, becomes the responsibility of the Minister for Agriculture and Fisheries.

It is a through chain authority and is now responsible for food regulation from harvest to the point-of-sale.

A major recommendation of the review which led to the integration of the State Authorities was that the responsibility of local government for food regulation should be clearly defined and appropriately resourced. While formal arrangements existed in some other States which defined the role of local government in food regulation,including enforcement, this has not been the case in NSW.

In November 2003, the Food Board of NSW Health released a 'directions paper' titled Toward a Strong Food Regulation Partnership. This paper was prepared by the Public Health Strategic Liaison Group,a forum between local government bodies and health service agencies in NSW. The paper acknowledges the historical role of local government in food regulation enforcement. It notes that the ongoing work of local councils is needed to ensure food regulations are comprehensively enforced, are consistently applied, and that adequate resourcing for these activities must be provided in one way or another.

The paper then explores ways in which local and State governments may work together effectively.

Possible co-ordination frameworks
There is a wide range of possible models to co-ordinate food law enforcement activities and these will have to be analysed to select the best one to accommodate the situation in NSW.
In the UK there is a very formal framework and agreement. The Food Standards Agency, a British Government body, has statutory power to require local authorities to meet its expectations. Amongst other powers, the Agency monitors the performance of local enforcement authorities and can audit the food enforcement services of local authorities. However, the Agency offers support to local government to help it meet these requirements by way of providing information, briefings,tools and training.

The Queensland Government, through its Department of Health and the Local Government Association, are signatories to a voluntary agreement, A Public Health Partnership Protocol.There is no formal co-ordination or evaluation of local government food regulation but local governments enforce Food Safety Standards 3.2.2 and 3.2.3, as well as registering or licensing food businesses. Councils charge for this service and for compliance inspections.

All local councils in Victoria are enforcement authorities under the State's Food Act. They are required to register and inspect all food premises annually. The Food Act divides Victorian food businesses into two classes based on risk. High risk businesses are subject to third party audit while low risk businesses are audited by council officers. There is no statutory requirement for councils to report to the State Government on their enforcement activities. Councils levy registration fees. *

In South Australia, local councils enforce the safety and suitability aspects of the Food Standards Code. The Department of Human Services guides local councils in the exercise of their food regulation enforcement by way of seminars, circulars and fact sheets. The Department collects food enforcement data and tables an Annual Report to Parliament. Councils levy inspection fees.

In Western Australia there is no formal co-ordination, monitoring or evaluation of local government food regulation enforcement. In practice, the Department of Health is the enforcement agency for dairy, meat, shellfish and the hospital sector with local government covering the remainder of the industry in the retail and food service sector. Councils may charge licence fees.

The Department of Health and Human Services in Tasmania advises and assists local government in their enforcement activities. Data on local government activities is reported on an annual basis. Food premises are registered and food businesses are licensed.

Key issues
The 'directions paper' highlights a number of key issues which will have to be addressed as the consultation process in NSW proceeds. Included in these are:

  • Should risk based classifications of food industr y sectors guide the division of statutor y responsibilities for enforcement between local government and State Government?
  • Should all local councils take responsibility for food safety requirements in low risk food businesses?
  • What principles should guide the choice of a mechanism for local councils to recover costs?
  • How will the bodies involved in food regulation demonstrate accountability for these activities?

Interested parties should contact the NSW Food Authority for further information. Responses to the directions paper are not called for at this time.
* Correction

(Adapted from www.wto.org and an article prepared for Foodbiz, a publication of the National Food Industry Strategy).