Food Act Report 2009/2010 - SA Health - SA.Gov.au

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Administration of legislationStates and territories have enacted Food Acts based on model food provisions as agreed under the Food RegulationAgreement 2002. Also under the agreement, states and territories have adopted the Code through their Food Acts.The model for administration of Food Acts differs between jurisdictions with either state and territory governmentstaking sole responsibility or responsibility being shared between State Government and local government.The Australian Quarantine Inspection Service (AQIS) is responsible for the control of imported food which mustalso comply with the Code.States and territories have traditionally regulated food safety in the domestic meat, dairy and shellfish industriesunder Primary Industry Acts, administered by primary industry departments. In recent times there have been movesin some jurisdictions to integrate this legislation into single Primary Industry Acts or modified Food Acts, withcorresponding changes in administration. AQIS has responsibility for food safety regulation of the export meat,dairy and shellfish industries. Some jurisdictions, in some industries, share enforcement responsibilities betweenAQIS and states/territories.Developing and overseeing a consistent approach across jurisdictions to the implementation and enforcement offood regulations and standards (regardless of whether food is sourced from domestic producers, export-registeredestablishments or from imports) is the role of the Implementation Sub Committee (ISC) – a sub committee of theFood Regulation Standing Committee (FRSC).ISC members are either heads of their agencies or operational experts at senior level with capacity to makeand implement decisions about enforcement issues in their jurisdictions. The membership comprises up to tworepresentatives from each state and territory; one representative from each of the Commonwealth Departmentsof Health and Ageing, Agriculture, Fisheries and Forestry – Australia and AQIS; FSANZ; one representative fromNew Zealand; and one representative from the Australian Local Government Association. SA Health is representedby the Director of Food Policy and Programs Branch.ISC developed a strategy for consistent implementation and enforcement of food regulation in Australia thatincorporates a rolling work plan and contains eight components, each sponsored by an ISC member. The strategywas endorsed by the Australian and New Zealand Food Regulation Ministerial Council (Ministerial Council) inOctober 2005. It was updated by ISC in July 2007. ISC reports at each FRSC meeting on progress with the rollingwork plan and specific projects. FRSC reports annually to the Ministerial Council against the key performancemeasures. The strategy is available from the Food Regulation Secretariat website: www.foodsecretariat.health.gov.auThrough its Strategic Plan 2009–2014, FRSC established six priorities for ISC in 2009–10. The following six ISCpriorities sit within Priority 4 (Consistency of implementation improved) and Priority 7 (Evidence base and evaluationcapability improved) of the FRSC strategic plan:1. The integrated model for standards development and consistent implementation piloted on the EggsPrimary Production and Processing Standard.2. National framework for auditor management operating.3. National enforcement policy operating (including road-testing with local government).4. Consistent Interpretation of Regulatory Standards.5. Food surveillance system linkages scoping project completed.6. Framework for evaluation of ISC strategic plan implementation.In 2009–10 ISC proposed changes to the component structure of the ‘ISC Strategy for Consistent Implementation of FoodRegulation’. The changes were endorsed by FRSC in March 2010. It still incorporates a rolling work plan and containseight components each sponsored by an ISC member. Details of the new eight components are provided below.SA Health is sponsor of Component 3 – Food Safety Incident Response and Management Systems, with the aim ofmaintaining an effective system for the management of national food safety incidents.Food Act Report Year ending 30 June 2010 page 8
Component 1: Surveillance and monitoringThis component will act as an intelligence gathering arm for ISC. Through the ongoing surveillance activities of thecoordinated food survey plan (CFSP), the regulatory environment is monitored on a continual basis. Informationgathered from the CFSP may then be used to inform the standards development process, assess the impact of existingstandards or in the general monitoring of the food environment. In moving the CFSP forward, it is intended that riskmanagement and communication strategies will be included in survey designs, so that reports from the CFSP to ISCaddress the impacts of making reports publicly available.Component 2: Implementation planning for new standardsBy conducting the pilot of the integrated model for standards development and consistent implementation of thePrimary Production and Processing Standard for Eggs and Egg Products, the value of considering implementationprocesses for significant new national standards during the standards development process has become apparent.This component has been designed to enable matters related to consistent implementation for significant newnational standards to be addressed as they arise.Component 3: Food safety incidence response and management systemsThis component will continue to have responsibility for implementing and assessing the effectiveness of theNational Food Incident Response Protocol.Component 4: Coordinate food regulation between agencies and Local GovernmentOne of the major issues raised by stakeholders at the June 2009 ISC stakeholder forum was inconsistentinterpretation of food regulatory standards at the Local Government level. During 2010–12, it is proposed thatISC develops a compliance toolkit to facilitate consistent implementation by Local Government. It is intended thatthe toolkit will include a Local Government engagement mechanism, model inspection/assessment guidelines forLocal Government to apply to retail and food service businesses, and a national framework for publicly availableperformance reporting for Local Government to apply to retail and food service businesses.Component 5: Compliance planning for existing standardsOver the last two years, ISC has developed compliance arrangements for various existing standards in Chapters1 and 2 of the Food Standards Code. The most notable recent example is the development of a compliance andenforcement strategy for the mandatory fortification of foods. In moving forward, this component will examine suchissues as they arise. Development of a compliance strategy for Standard 2.6.4 (Formulated Caffeinated Beverages)has commenced.Component 6: Best practice regulationThis component develops strategies to allow the effectiveness of consistent implementation tools (for exampleNational Regulatory Food Safety Auditor Guideline) developed by ISC to be assessed. The strategies will includedistribution of these tools to stakeholders, and then monitoring and assessing their effectiveness and reportingsuch information back to ISC. Immediate tasks for this component are to develop implementation strategies forthe National Regulatory Food Safety Auditor Guideline and the Australia New Zealand Enforcement Guideline.Component 7: Communications and stakeholder relationshipsA process for proactive engagement of stakeholders in ISC projects was a major development area suggested atthe June 2009 ISC stakeholder forum. This component is tasked with developing a comprehensive stakeholderrelations package during 2010–12. This package will consist of a stakeholder ‘map’ and a relations protocol toguide stakeholder engagement, consultation and communication processes.Component 8: Performance measurement and reportingThis component undertakes development of performance indicators to assess the effectiveness of the strategy.SA Health contributes to the work of ISC in a number of ways, for example through participation in working groups,nationally coordinated surveys and incident response, and as the Component 3 sponsor. In 2009–10 SA Healthcontributed to the work of ISC as described below.page 9Food Act Report Year ending 30 June 2010
Page 1 and 2: Food ActReportYear ending 30 June 2
Page 5: Trans Fatty Acids in the Australia
Page 11 and 12: Component 3: Food safety incidence
Page 13 and 14: Administration of the Food Act 2001
Page 15 and 16: Roles and responsibilities of local
Page 17 and 18: Activities of Food Policy and Progr
Page 19 and 20: Department of Health Enforcement Ac
Page 21 and 22: Food Safety WeekFood Safety Week is
Page 23 and 24: Food Borne Disease Investigations i
Page 25 and 26: Cluster 1: Salmonella Typhimurium p
Page 27 and 28: Local government activities under t
Page 29 and 30: Orders/Notices Issued to Food Busin
Page 31 and 32: Eastern Health AuthorityThe food ha
Page 33 and 34: District Council Orroroo and Carrie
Page 35 and 36: Appendix 1Appendix IFood Safety Sur
Page 37 and 38: Appendix 1StandardsPart 1.2 of the
Page 39 and 40: Appendix 1ResultsTable to Clause 4P
Page 41 and 42: Appendix 1DiscussionOf the 50 diffe
Page 43 and 44: Appendix 2Appendix IIFood Safety Su
Page 45 and 46: Appendix 2ResultsMicrobiological Re
Page 47 and 48: Appendix 3Appendix IIIFood Safety S
Page 49 and 50: Appendix 3ResultsProduct TypeB. cer
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Page 53 and 54: Appendix 4ResultsVegetable TypeSamp
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Appendix 5ResultsTable 1. Microbiol
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Appendix 6Appendix VIFood Safety Su
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Appendix 6ResultsNumber Type of Fis
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Appendix 7Appendix VIIFood Safety S
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Appendix 7Notifications of Campylob
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Appendix 7Discussion of ResultsEigh
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Appendix 8Appendix VIIIFood Safety
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Appendix 8Notifications of Campylob
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Appendix 8General Labelling Require
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Appendix 9Appendix IXFood Safety Su
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Appendix 9In addition to mandatory
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Appendix 9Sample Product Result3022
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Appendix 9ConclusionThis is the fir
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Appendix 10Appendix XFood Safety Su
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Appendix 10Table 1: Guideline level
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Appendix 10BusinessProductSPC(at 30
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Appendix 11Appendix XIFood Safety S
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Appendix 11StandardsThe Food Act 20
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Appendix 11Assessment of ResultsAll
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