2021/402
Cindy Kiro, Governor-General
At Wellington this 29th day of November 2021
Present:Her Excellency the Governor-General in Council
These regulations are made under section 133C of the Food Act 2014—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Minister for Food Safety made after complying with section 133C(2) of that Act.
These regulations are the Food Amendment Regulations 2021.
(1)
These regulations, subject to subclause (2), come into force on 1 July 2022.
(2)
Regulations 6, 9, 13, and 15 come into force on 1 July 2023.
These regulations amend the Food Regulations 2015.
In the heading to regulation 26, replace “Identification and tracing” with “Identification, location, and tracing”.
“Identification and tracing”
“Identification, location, and tracing”
In regulation 26(1)(a), after “identifying”, insert “and locating”.
“identifying”
“and locating”
(3)
In regulation 26(2), replace “identified and traced” with “identified, located, and traced”.
“identified and traced”
“identified, located, and traced”
(4)
After regulation 26(2), insert:
(2A)
The information required under subclause (1) must be accurate.
(2B)
The information required under subclause (1) must also be sufficient to allow an effective recall to be carried out.
(2C)
When requested to do so by the chief executive or a food safety officer, the operator must provide information about the matters in subclause (1)—
in a readily accessible format; and
within 24 hours after the request, or within any reasonable shorter period specified by the chief executive or food safety officer.
Replace regulation 27(3) with:
If the operator makes a decision to recall food or a food-related accessory, the operator must notify the chief executive of the following as soon as practicable, but no later than 24 hours after making the decision:
the food or food-related accessory affected by the recall; and
the reason for the recall.
After regulation 27, insert:
The operator must conduct a simulated recall of food and food-related accessories at least every 12 months—
after a simulated recall; or
after a genuine recall, if the recall demonstrated the traceability and recall procedures to be effective.
A simulated recall must demonstrate the effectiveness of the operator’s traceability and recall procedures.
In this regulation, effectiveness is measured by—
the proportion of food or food-related accessories that was or would have been successfully traced and recalled; and
the time taken to trace and recall affected food or food-related accessories; and
any other matters set out in a notice under section 405 of the Act.
In the heading to regulation 71, replace “Identification and tracing” with “Identification, location, and tracing”.
In regulation 71(1)(a), after “identifying”, insert “and locating”.
In regulation 71(3), replace “identified and traced” with “identified, located, and traced”.
After regulation 71(3), insert:
(3A)
(3B)
(3C)
Replace regulation 72(3) with:
After regulation 72, insert:
In regulation 124(1)(a), after “subclause (2)”, insert “or regulation 124A”.
“subclause (2)”
“or regulation 124A”
Revoke regulation 124(2)(f).
After regulation 124, insert:
A registered importer must have procedures for—
identifying and locating imported food; and
tracing food so that food can be traced—
from the supplier of the food to the registered importer; and
while it is under the registered importer’s control; and
from the registered importer to the next person to whom responsibility for the food has passed (other than the final consumer).
The registered importer must ensure that food is identified, located, and traced in accordance with the procedures.
(5)
When requested to do so by the chief executive or a food safety officer, the registered importer must provide information about the matters in subclause (1)—
Replace regulation 126(2) with:
If the registered importer makes a decision to recall food, the registered importer must notify the chief executive of the following as soon as practicable, but no later than 24 hours after making the decision:
the food affected by the recall; and
After regulation 126, insert:
A registered importer must conduct a simulated recall of food at least every 12 months—
After section 137, insert:
This Part applies to any person or food business that—
exports food for the purposes of trade; and
is not subject to a risk-based measure under the Act.
An exporter to whom this Part applies must have procedures for—
identifying and locating food; and
from the supplier of the food to the exporter; and
while it is under the exporter’s control; and
from the exporter to the next person to whom responsibility for the food has passed (other than the final consumer).
The exporter must ensure that food is identified, located, and traced in accordance with the procedures.
The exporter must retain the information required under subclause (1) for at least 4 years after the date of export of the food.
(6)
When requested to do so by the chief executive or a food safety officer, the exporter must provide information about the matters in subclause (1)—
An exporter to whom this Part applies must—
have procedures for recalling food sold by the exporter that the exporter considers to be not safe or suitable or whose safety or suitability is in doubt; and
recall, in accordance with those procedures, food sold by the exporter that the exporter considers to be not safe or suitable or whose safety or suitability is in doubt.
If the exporter makes a decision to recall food, the exporter must notify the chief executive of the following as soon as practicable, but no later than 24 hours after making the decision:
After regulation 137C, insert:
An exporter to whom this Part applies must conduct a simulated recall of food at least every 12 months—
Michael Webster,Clerk of the Executive Council.
These regulations amend the Food Regulations 2015 (the principal regulations) in relation to the tracing and recall of food and food-related accessories. Most of the amendments come into force on 1 July 2022. However, some come into force on 1 July 2023.
The following amendments come into force on 1 July 2022:
regulations 26 and 71 are amended to specify additional requirements for the identification, location, and tracing of food:
regulations 27, 72, and 126 are amended to specify in more detail the information that operators and registered importers must report if they decide to recall food (or food-related accessories, in the case of operators):
new regulation 124A is inserted to require registered importers to have and comply with procedures for the identification, location, and tracing of imported food (and consequential amendments are made to regulation 124):
new Part 5A (other than new regulation 137D) is inserted to set out tracing and recall requirements for exporters of food.
New regulations 27A, 72A, 126A, and 137D come into force on 1 July 2023. These regulations set out requirements for simulated recalls that operators, registered importers, and exporters must conduct every 12 months.
The Ministry for Primary Industries produced a regulatory impact assessment on 23 August 2019 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact assessment can be found at—
https://www.mpi.govt.nz/dmsdocument/48532-Impact-Summary-strengthening-food-recalls-and-risk-management-programmes
http://www.treasury.govt.nz/publications/informationreleases/ria
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 2 December 2021.
These regulations are administered by the Ministry for Primary Industries.