Update from Vincent Arbuckle, DDG, NZFS

Kia ora koutou,

As we enter the winter months this becomes a busy time for industry events and conferences.

My colleagues at New Zealand Food Safety and I aim to be present at as many relevant events and conferences as we can.

It is World Food Safety Day on 7 June and this is just one event that we will be acknowledging and promoting. The theme for 2024 is ‘prepare for the unexpected’.

We will be hosting a webinar on World Food Safety Day - From crisis to control: Managing food safety incidents. You are welcome to join us and please extend an invitation to anyone in your network who you think would benefit from attending.

You’ll see more details about World Food Safety Day within this newsletter.

Ahead of World Food Safety Day I wanted to thank you all. It is the dedication and commitment of food safety professionals who provide the strong foundations of our food safety system. Thank you for the important work you do to ensure New Zealand’s food sector thrives.

Ngā mihi nui,

Vincent Arbuckle
Deputy Director-General, New Zealand Food Safety

Verifying businesses making food labelled as "gluten free"

New Zealand Food Safety has recently been receiving queries from food businesses about the processes for confirming foods sold from their cafe or retail outlet are gluten free.

Operators have reported being asked by verifiers to carry out analytical testing of every batch of food, or have been told that, in spite of having controls in place to manage risks from cross-contamination, they were no longer able to claim “gluten free” because they used gluten products in their kitchen.

The following information about “gluten free” claims is to guide verifiers understanding when encountering businesses making gluten free products.  We will follow this up with formal guidance in the Food Safety Academy.

About gluten

Gluten is a protein found in foods containing grains such as wheat, rye, barley, oats and spelt; it acts as a bonding agent that holds the food together. When someone with an intolerance of the protein eats gluten, their body mounts an immune response that attacks their small intestine and causes damage that reduces their ability to absorb nutrients.

Making claims

“Gluten free” is a nutrition content claim regulated by Standard 1.2.7: Nutrition, Health and Related Claims under the Australia and New Zealand Food Standards Code (the Code).

The conditions for making a “gluten free” claim in Schedule 4-3 of the Code are that the food must not contain:

(a) detectable gluten; or

(b) oats or oat products; or

(c) cereals containing gluten that have been malted, or products of such cereals.

‘Detectable gluten’ is not defined in the Code but is generally accepted to be less than 3 ppm, since this is the limit of detection. Making a claim is also a guarantee that there is no detectable gluten in the food that could conceivably arrive through cross-contamination from other activities at the business. Measures to manage risks of cross-contamination should be outlined in the food business’s risk-based measure, and may be supported by in-house procedures.

New Zealand Food Safety advises businesses that when making the claim “gluten free” under the Code there are no requirements:

• for an operator to carry out a specific number of nutrient analysis tests for the presence of gluten; or
• specifying that gluten-containing products cannot be processed in the same kitchen.

Instead, in the same way as there are measures for preventing cross-contamination between raw and cooked food; the operator must have measures in place to prevent cross-contact between “gluten free” foods, and foods (and surfaces) with gluten during activities including sourcing, receiving, storing, handling, preparing, proving, cooking, cooling and post-cook handling, packing and display.

If you have a question about requirements around nutrition content or health claims email health.claims@mpi.govt.nz

Providing allergen information in a food service setting

New Zealand Food Safety has become aware that some food service businesses are directing customers to their website when asked for allergen information about their products.

To provide clarification for Food Act verifiers:

Food service businesses directing customers to their website, when asked about the allergens present in their food, does not meet the Food Standards Code requirements of “must be provided to the purchaser on request”.

Section B of our guide to retail food labelling here provides information on what you need to share and how to provide it.

Improving guidance for Food Act verifiers and registration authorities  

NZFS is currently developing guidance and learning materials on the following three areas:

• how topics are selected for verification;
• how unacceptable verification results are handled; and
• protocols for unscheduled or unannounced verifications.

Draft learning materials will soon be available for testing, and we invite verifiers and registration authorities to test and provide feedback on these resources for us. If you are interested in testing the draft resources, please email teamdevelopment@mpi.govt.nz 

Finalised materials will be available at the end of June 2024.

Pest Control products under the Food Act 2014

NZFS have been approached by the Pest Management Association of New Zealand (PMANZ) with concerns that members have been receiving conflicting information about the use of pest control chemicals at food businesses registered under the Food Act 2014. Concerns have centred on the application of the MPI document ‘Approved Maintenance Compounds (non-dairy) Manual’.

NZFS have confirmed to PMANZ this MPI Manual is issued under the Animal Products Act 1999 and only applies to non-dairy activities carried out under the Animal Products Act. It does not apply to fish, meat, poultry processors, food retail outlets and other food businesses operating under the Food Act 2014, although a food business operator may voluntarily decide to follow the Manual. Information about where the approved maintenance compounds are intended to be applied is provided in the Scope and Application section of the Manual.  

The Food Act 2014 does not prescribe compounds or methods for dealing with pests found at food businesses; but does require a food business operator to take an integrated approach to pest management through:

• preventing pests getting into food areas through pest-proofing and building maintenance;
• making the food environment unsuited to pests through thorough cleaning, timely facility maintenance, and removing potential pest hiding and nesting places;
• carrying out a rigorous programme of monitoring and checking for signs of pests, and
• responding quickly to deal with signs of pests should they occur; while all the time keeping food safe and suitable.

The pest management industry is regulated by the Environmental Protection Agency (EPA) who approve pest control products (Vertebrate Toxic Agents). Approved products may be found on the EPA Hazardous Substances database. Products are also assessed under provisions of the Agricultural Compounds and Veterinary Medicines Act 1997, with a searchable register of assessed products on the MPI website here.

Registered Members of PMANZ operate to an industry code of practice for pest management in the food industry which, when applied, supports food business operators meet good food safety practices.

Food Act Verifier Continuing Professional Development (CPD) Managers – who are they and what do they do?

We have received some questions related to CPD Managers.  In response to those queries:

What is the role of the CPD Manager?

A CPD manager is required to monitor your CPD progress throughout the CPD year. They do this via the CPD manager dashboard in your Academy records.  The dashboard shows CPD managers the progress of all of their Verifiers providing the Verifier has supplied the name of their CPD manager.

Managers of Verifiers and all recognised agencies have a responsibility to ensure verifiers meet all CPD requirements.

Who can be a CPD Manager?

The direct manager or team lead within the place of employment of the verifier or an assigned agency in the case of the likes of Horticultural Verifiers. A CPD manager does not need to be a person recognised under the Food Act but they must be recorded in the Academy as the CPD manager for each verifier. It is the Verifier’s responsibility to supply this information.

Why do I have to name/have a CPD Manager?

It is a requirement that a person, nominated by you, has access to your CPD records so they can monitor your progress.

The details of your CPD Manager should be provided when you request access to The Academy via the MPI web site. However, you can also email us at: continuingprofessionaldev@mpi.govt.nz with the name of your CPD Manager.

Can I have multiple CPD Managers?

The short answer is no – you can only nominate one person as your CPD Manager. If you change agencies and therefore, CPD Managers, you must advise us immediately of your new CPD manager via: continuingprofessionaldev@mpi.govt.nz

What can the Manager see? Your CPD manager can see your progress throughout the CPD year in relation to your % completion of each of the required activities, namely, the completion of:

• your self assessment;
• your learning plan;
• the setup and progress of your time card (completion of learning activities and claiming of points); and
• completion and submission of your peer review.

They cannot see the details of those records.

If you have questions, please contact us at: continuingprofessionaldev@mpi.govt.nz

MAPS and Titiro Licenses for 2024/25

By now Registration Authorities and Recognised Agencies will have received an email about MAPS and Titiro licenses, and the amnesty period for any licenses that will no longer be needed from 1 July 2024.

Please make sure you send your reply to APAnnual.Levies@mpi.govt.nz by the deadline of 31 May 2024 with the following information:

• MAPS and Titiro licenses’ in the subject line;
• Confirmation of the number of licenses you wish to retain;
• Name(s) of license holders for licenses that you wish to surrender;
• Name of the Regulatory Services Manager or other contact person for invoicing purposes;
• Purchase order number for your 2024/25 invoice.

Invoices for licenses will be issued in July, and licenses will cost between $705 and $915 each (plus GST) – please allow up to $915 plus GST for each license. The final cost is not able to be determined until we know the total number of licenses required.

A reminder that if you wish to switch users, you will need to complete the application form(s) and send them to the support email address(es):

Link to Form: MAPS form on MPI website

Email to send form to: MAPS.Support@mpi.govt.nz

Link to Form: Titiro form on MPI website

Email to send form to: TitiroSupport@mpi.govt.nz

Consumer-level Food Recalls Annual Reports  

The consumer-level food recalls report for 2022 and 2023 have been published.

The Consumer-level Food Recalls Annual Reports provide an overview of food safety issues that resulted in food businesses conducting food recalls.

These annual reports are a new initiative by NZFS to share information on consumer-level recalls with food businesses, consumers, and the public. The reports, which will be published in April each year, will help to show trends in the food industry, and highlight areas for consumer and industry awareness.

World Food Safety Day

Join NZFS on World Food Safety Day for a webinar about being prepared for food safety incidents.

Food safety incidents are situations where there is a potential or confirmed public health risk associated with food consumption. The theme for this year’s World Food Safety Day is ‘prepare for the unexpected’. We all play a part when preparing for food safety incidents, no matter how mild or severe they can be. 

A food incident can happen when there are accidents, inadequate controls, or natural events. Food safety hazards do not recognise borders, so in an increasingly interconnected global food supply, risks posed by unsafe food can rapidly evolve from a local problem to an international emergency.

From crisis to control: Managing Food Safety Incidents

Registration: register here to attend (you will need to have a Zoom account) 

Date: Friday 7 June 2024

Time: 11:00 AM - 12:00 PM 

Who would benefit from this webinar: policymakers, primary producers, food business operators, food business associations, response management staff, or those who are interested in the food safety system.

What to expect: the webinar will bring together key industry players within the food system to share their knowledge and experience with food safety incident preparedness and response. 

Presenters will include:

• Food Compliance and Response, New Zealand Food Safety
• Maryann Walsh, Food Safety & Quality Incident Manager – Whareroa and Bridgette Killalea, Group Manager Preparedness and Response, Fonterra 
• Mark Casey, Manager Regulatory Services, Foodstuffs North Island Ltd 

Together, our collective efforts can pave the way for a safer, more secure food system for generations to come.

We also have developed posters that can be downloaded from our website and shared in food businesses to promote preparedness. 

Recent Food Safety News

Read recent media releases from NZFS:

• Pams plant-based creamy pasta bake recalled (14 May 2024)
• Recalled peanuts mistakenly released for sale (6 May 2024)
• New reports highlight food recall system at work (1 May 2024)
• Recall of yoghurt products due to presence of foreign matter (26 April 2024)
• New import requirements for frozen berries a win-win for consumers and food importers (23 April 2024)
• Recall of peanut products due to aflatoxin above acceptable levels (5 April 2024)

You can find MPI News on the MPI website.