food safety legislation - john fallon

Welcome to theFood Safety Legislation Breakfast

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I’ve been working in the industry for 60years!

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I’ve never killed anyone!

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What is Food Safety?

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Safe food for the consumer

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Non negotiable

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Food safety is about protecting the consumer

• Consumers expect appropriate FOOD SAFETY skills and knowledge!

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Food safety is about protecting the consumer

• Controlled by legislation.

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Food safety is about protecting the consumer

• Do governments have staff to monitor and enforce food safety?

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Food safety is about protecting the consumer

• Governments usually act when something goes wrong.

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Food safety is about protecting the consumer

• Who is responsible?

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Responsibilities

• Each food business

• Each food handler

• The role of QA departments?

• The role of Auditors?

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Legislation

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Compliance with food safety legislation is a minimum requirement of all Quality, HACCP,

ISO, Certification, Approved Supplier and Customer focused management systems

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Not knowing something is not an excuse

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Legislation

NSW Food Act 2003

NSW Food Regulation

Australian Standards Food Standards Code

HACCP Principles Quality Assurance StandardsISO Standards Guideline documentsCustomer requirements Reference materialsOverseas Standards Ideas

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Food safety and Quality

• Quality and food safety often coexist

• Quality doesn’t kill

• Customer can focus on quality as

food safety is expected

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Quality management

• Usually controlled by retailers/your customers

• Driven by the consumer through their purchasing habits

• Consumers can forgive some quality issues

• Product quality is responsible for a lot of consumer complaints

• Quality hazards in your business may be a food safety hazard in your customers

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Food safety is not WHS

• Often confused

• WHS Risks v’s Food Safety Hazards

• Production management and staff better understand WHS

• Auditors are still looking at SDS’s (formerly MSDS’s) as a food safety control

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NSW Food Act 2003

An Act to regulate the handling of food for sale and the sale of food and to provide for the application of the Australia New Zealand Food

Standards Code in New South Wales; to repeal the Food Act 1989; and for other purposes.

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Objects of the Act

The objects of this Act include the following:

(a) to ensure food for sale is both safe and suitable for human consumption,

(b) to prevent misleading conduct in connection with the sale of food,

(c) to provide for the application in this State of the Food Standards Code

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Division 1 – Serious offences relating to food

13 Handling of food in unsafe manner

14 Sale of unsafe food

15 False description of food

Maximum penalty: 1,000 penalty units or imprisonment for 2 years, or both, in the case of an individual and 5,000 penalty units in the case of a corporation.

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Division 2 – Other offences relating to food

16 Handling and sale of unsafe food

17 Handling and sale of unsuitable food

18 Misleading conduct relating to sale of food

19 Sale of food not complying with purchaser’s demand

20 Sale of unfit equipment or packaging or labelling material

21 Compliance with Food Standards Code

22 False descriptions of food

23 Application of provisions outside the State

Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

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Division 2 – Other offences relating to food

16 Handling and sale of unsafe food

17 Handling and sale of unsuitable food

18 Misleading conduct relating to sale of food

19 Sale of food not complying with purchaser’s demand

20 Sale of unfit equipment or packaging or labelling material

21 Compliance with Food Standards Code

22 False descriptions of food

23 Application of provisions outside the State

Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

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Other Penalties under legislation

• Corrective Action Requests (CAR’s)

• Improvement Notice

• Penalty Infringement Notice (PIN)

• NSW - Name and Shame website

• Victoria - list of convictions

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Escalation to drive compliance

• Corrective Action Requests (CAR’s)• Minor

• Major

• Critical

• Improvement Notice

• Penalty Infringement Notice (PIN)

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Section 26 Defence of due diligence

In any proceedings for an offence under this part, it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person or by another person under the person's control.

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Section 26 Defence of due diligence

In any proceedings for an offence under this part, it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person or by another person under the person's control.

Defence may fail if prosecution can show just a single thing that you should have done.Standard of perfection

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Section 26 Defence of due diligence

• The development of a Food Safety Program demonstrates reasonable precautions

• Implementation i.e. monitoring and internal auditingdemonstrates that due diligence has been exercised

• However, these can also prove no due diligence

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Magistrates Comment

‘There was quite simply no appropriate management in place to ensure compliance with regulatory responsibilities.

The consequent danger to public health was realised.’

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Other aspects of the Act

• Notification of conduct of the food business

• Priority classification and frequency of auditing• NSW Food Authority or council EHO’s

• Authorised officers v’s Auditors

• Taking and analysis of samples

• Creation of a Regulation

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NSW Food Regulation 2010

a) Food safety supervisors

b) Licensing requirements – including;

• conditions of license

• food safety program

c) Food safety scheme requirements

• Dairy, Meat, Seafood, Plant Products, Vulnerable Persons, Egg

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NSW Food Regulation 2010

• Food safety schemes

• Definitions of the food businesses covered by the scheme

• Standards for those businesses

• Application of the Food Standards Code

• Application of Australian Standards

• Compliance to the NSW Food Safety Schemes Manual

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Food Act 2003 s104 Offences relating to food schemes

1 Not handle or sell food in a manner that contravenes the scheme

2 Not operate without a license

3 Comply with a condition of license

4 Any requirement imposed in relation to a food safety program is complied with

5 Ensure the food safety program is audited at the required frequency

Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

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NSW Food Regulation 2010

• Food safety programs

• Legal entity

• Content of a food safety program

• Purpose is to advise production

• Certification of the food safety program by the Authority

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Australian Standards

AS 4464 – 2007

Wild Game Meat for human consumption

AS 4465 – 2005

Poultry meat for human consumption

AS4696 – 2007

Meat and meat products for human consumption

AS 4674 – 2004

Design construction and fit out of food premises

AS 5008 – 2007

Rendering of animal products

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The Food Standards Code

Ch 1: General Food Standards FSC 1.1 – 1.6

Ch 2:

Food

Product

Standards

FSC

2.1 – 2.11

Ch 3:

Food

Safety

Standards

FSC

3.1 – 3.3

Ch 4:

Primary

Production

Standards

FSC

4.2, 4.5

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The Food Standards Code

Ch 1: General Food Standards FSC 1.1 – 1.6

Ch 2:

Food

Product

Standards

FSC

2.1 – 2.11

Ch 3:

Food

Safety

Standards

FSC

3.1 – 3.3

Ch 4:

Primary

Production

Standards

FSC

4.2, 4.5

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Food Standards Code

Safe Food Australia

2nd Edition, January 2001

A Guide to the Food Safety Standards Chapter 3 of the Australia New Zealand Food Standards Code (applies to Australia only)

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Food Standards Code

Safe Food Australia

2nd Edition, January 2001

A Guide to the Food Safety Standards Chapter 3 of the Australia New Zealand Food Standards Code (applies to Australia only)

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Food Standards Code

Standard 3.2.1

A food business must –

Identify their potential hazards

Identify the means of control for those hazards

Monitor those controls

Provide appropriate corrective action

Review the food safety program

Comply with the food safety program

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Principles of HACCP

CODEX General Principles of Food Hygiene 1969

1. Conduct a hazard analysis

2. Determine the Critical Control Points (CCP)

3. Establish critical limit(s)

4. Establish a system to monitor control of CCP

5. Establish the corrective action when a particular CCP is not under control.

6. Establish procedures for verification to confirm that the HACCP system is working effectively.

7. Establish documentation concerning all procedures and records appropriate to these principles and their application

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Principles of HACCP

The legislation does not consider;

• the significance of a hazard,

• CCP, CP, QCP, QP, PRP or oPRP

Production should be aware of the correct use and implementation of the HACCP Principles

HACCP is a good tool if used correctly.

If not used correctly, it becomes a documentation process controlled by QA rather than a production management tool.

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Food Standards Code

Standard 3.2.2

3 Food handling – skills and knowledge

(1) A food business must ensure that persons undertaking or supervising food handling operations have –

(a) skills in food safety and food hygiene matters; and

(b) knowledge of food safety and food hygiene matters,

commensurate with their work activities.

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Food Standards Code

Standard 3.2.2

3 Food handling – skills and knowledge

This should not be an assessment of the QA department or a training schedule.

That wont protect your business.

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Skills and Knowledge

• Scheduled training?

• Training schedules usually cover;• Food Safety,

• Food Handling,

• Hygiene and sanitation,

• GMP

• What do these mean?

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Skills and Knowledge

• What about; • Food Safety Hazards

• Food safety program requirements

• Higher risk production practices

• Corrective action and preventative action,

• Legal requirements,

• ISO,

• HACCP,

• Customer requirements,

• Approved supplier requirements?

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Management commitment

Its mandatory.

Auditors like to think that ‘Skills and Knowledge’ means management commitment.

Audited by looking at a policy in reception.

Management commitment is required by many other Standards and expected by customers.

Supervision is key.

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Food Standards Code

Standard 3.2.2

18 General duties of food businesses

(1) A food business must inform all food handlers working for the food business of their health and hygiene obligations under Subdivision 1 of this Division.

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Food Standards Code

Standard 3.2.2

Subdivision 1 – Requirements for food handlers

• Not to handle food or surfaces likely to come into contact with food in a way that is likely to compromise the safety and suitability of food.

• Report they are sick to their supervisor

• Not to contaminate food

• To wash their hands

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General Principles of Food Hygiene 1969

10.4 REFRESHER TRAINING

Training programmes should be routinely reviewed and updated where necessary.

Systems should be in place to ensure that foodhandlers remain aware of all procedures

necessary to maintain the safety and suitability of food.

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Food Standards Code

Standard 3.2.2

25 Alternative methods of compliance

‘a food business can demonstrate that the temperature and any heating or cooling process it uses will not adversely affect the microbiological safety of food’

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Food Standards Code

The code is changing(but not a lot)

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Our challenges

To get the information from those who know, and give it to those who need to know.

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Our challenges

To use the legislation to protect our business by ensuring production management, supervisors and staff are trained.

Not just QA.

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Our challenges

To ensure the supervision of food safety hazards is appropriate.

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Our challenges

To educate staff on the differences, benefits and use of; Legislation, Customer Standards, HACCP Principles, ISO

Standards and Quality Assurance Procedures in

Food Safety management

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Our challenges

To achieve management commitment at all levels of management in our businesses.

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Our challenges

To reduce the financial burden of audits, corrective actions and excess monitoring.

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Our challenges

To focus food safety management on our business not on what an auditor wants to see.

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Our biggest challenge

To develop a properly mapped (not scheduled) Food Safety and Quality training program for production staff and supervisors to ensure they have appropriate food safety skills and knowledge

commensurate with their duties.

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Thank you