Food Safety Legislation - John Fallon
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Transcript of 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