Transcript Presentation heading (Arial 26 pt) white

Changes to Food Regulation In Victoria
Gary Smith
Manager Systems & Capacity Building
Food Safety and Regulation
Changes to Food Regulation In Victoria
Why VCEC Inquiry?
• A perception of over-regulation – especially affecting small
business and the not for profit sector
• “Hot button” issues – farmers market stalls; community
good activities; inconsistency of regulatory approach,
capacity and commitment across 79 councils; “naming
and shaming”, food labelling
Changes to Food Regulation In Victoria
Objectives – Response to the VCEC Inquiry
• Deliver practical proposals for reduction in the
administrative burden of food regulation without
compromising public health
• Take the opportunity to strengthen governance and
accountability of the food regulatory system and acquire
data
• Increase capacity to influence national food standards
setting agenda to ensure robust policy, enforceable
regulation and effective risk management
Changes to Food Regulation In Victoria
About the Food (Regulation Reform) Act 2009
• A key enabler to implement the Government’s response to
the VCEC Inquiry into Food Regulation.
• Only part of the package of announced measures to
strengthen the food regulatory system. Other measures
developed in tandem complement the legislative changes.
Changes to Food Regulation In Victoria
Identified governance issues:
• Devolved food regulatory system
• No legitimacy for DH to set state-wide policies and
guidelines for consistency of regulatory approach
• Lack of accountability - no mandatory data collection or
publication requirements
• Not seen as systematic
Changes to Food Regulation In Victoria
Identified Regulatory Issues
• The level of regulation for some activities was widely
perceived to be disproportionate
• Duplication of regulatory requirements – e.g.
temporary and mobile premises registration
• The law was frequently not being enforced as written
• Insufficient range of regulatory tools available
Changes to Food Regulation In Victoria
Policy objectives of changes
• Strengthen governance and accountability of the Food Act
regulators.
• Require collection and reporting of data to enable improved food
safety outcomes, regulatory management and accountability of
regulators.
• Better target the level of regulation to risk while protecting
public health; factoring in community expectations and pressures
on small business.
• Enable financial disincentives for poor food safety
performance and some improved regulatory tools.
• Enable flexible and strategic approaches and business
choice wherever possible.
Changes to Food Regulation In Victoria
Proportionate Regulation
• Shift from 2 class system to new 4 tier business
classification system for regulatory purposes
• Regulation is designed to be “fit for purpose” – i.e.
sufficient for the nature, and extent (or frequency) of the
activities
• Some premises will move from class two to either class
three or class four
Changes to Food Regulation In Victoria
Regulatory requirements according to classification:
• Class 1 – continue to require registration, FSP and FSS. Annual audit plus
mandatory council assessment.
• Class 2 – continue to require registration, FSP and FSS. Mandatory annual audit
or council assessment, depending upon type of FSP. Councils have discretion as
to whether to inspect. Mandatory inspections remain for initial registration and
transfer. Audit reports provided to council.
• Class 3 – registration but no FSP or FSS required. Simple record keeping and
guidance material only. Mandatory annual council inspection.
• Class 4 – notification rather than registration. No FSP or FSS. Guidance material
available. No mandatory council inspection due to very low risk.
Changes to Food Regulation In Victoria
Temporary and Mobile Food Premises and Vending
Machines
Prior to changes: .
• Each premises on which vending machines are located is
required to be registered.
• VCEC found that this created an unreasonable burden on
business.
Changes to Food Regulation In Victoria
Temporary and mobile premises - changes
• A voluntary mutual recognition scheme initially introduced (July
2010 until July 2011).
• From July 2011, a single registration/notification scheme will
apply on a state-wide basis:
– Each temporary or mobile food premises, or a food
business that operates vending machines, must
register with/notify one council.
– enables the van or stall to operate anywhere in Victoria
provided the proprietor lodges a “statement of trade”
prior to trading in another council.
– Regulatory requirements otherwise linked to risk
classification (as for fixed premises).
Changes to Food Regulation In Victoria
Temporary/mobile premises – how will the scheme work?
• The single registration will cover all nominated stalls/vans/vending
machines.
• One food safety program (where required – depending on risk
classification) will address all risks.
• Registering council will initially inspect. Otherwise inspection/audit as
per risk classification.
• Other councils will have discretion to inspect and must report any issues
to the registering council.
• Any council will have capacity to suspend trading for the day, if a food
premises poses an immediate risk to health and report to registering
council.
• Central database will support the scheme, so that all councils can see
record of regulatory actions.
Changes to Food Regulation In Victoria
Enforcement
New tools:
• Penalty infringement notices for specified food
safety/hygiene breaches
• Enforceable undertakings – especially for food labelling
breaches
• Councils will have capacity to charge for repeat
inspections of poorly performing food premises
(discretionary).
• Guidelines being developed by DH to ensure consistent
and fair use of the tools.
Changes to Food Regulation In Victoria
Information for the public
• DH annual report
• Register of convictions – different from NSW approach to
“name and shame”
• Publication of temporary closure orders can occur
Changes to Food Regulation In Victoria
Other initiatives developed in tandem with the legislation
• New risk classification framework and risk classification tool
• Data collection and reporting framework
• New databases for temporary and mobile food premises and
food sampling results
• Upgrade of council IT systems to automate consistent data
capture and reporting
• Simplified food safety program templates
• On-line training for food handlers now available
• Establishment of Food Regulators Forum
Registration & notification
• New forms to allow businesses to utilise the new system,
with multiple premises on the one registration.
• They are lengthy but should be one-off as the department
will arrange for the information collected on the forms after 1
July 2011 to be entered into the state-wide database.
• Renewals (Class 2 & 3) are pre-populated.
Registration & notification
Notifications (Class 4)
• Notifications are once off, however where proprietors wish to
trade at different places, events etc they also need to fill in
the SOT the same as registered premises.
Compliance:
Class 2 – to be determined*
Class 3 – one sample per registration (i.e. a typical machine
in a registration consisting of multiple machines)
Class 4 – no mandatory inspection
Registration & notification
Statements of Trade (SOTs)
•
SOTs lodged by (email, fax, post)
Single registration database (Streatrader)
•
Commencing mid 2012 – greatly simplify registration/notification
•
Councils can share information about a business’s
–
–
–
–
food handling practices,
registration details,
compliance history and
inspection results.
Upcoming Work
• Blair Review (traffic light labelling)
• Risk assessment of a class 2 machine