Symposium: International Food Law

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Who’s Minding the Store Downunder:
The regulator protecting public
health and safety.
Deon Mahoney
Food Standards Australia New Zealand
Seattle University School of Law
Office of Continuing Legal Education
10-11 April 2008
Exotic and dangerous wildlife
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Australia - Primer
 1 Commonwealth Government:
•
6 States + 2 Territories + 700+ Local Govt Areas
 21 million people
 Island nation – we don’t have:
•
Foot and mouth disease
•
Exotic zoonoses
•
H5N1
 Major exporter of agricultural commodities and
processed foods
 Significant imports of food
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Australians enjoy access to a very
safe and diverse food supply …
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Food safety issues….
 Contaminated food causes approximately 5.4 million
cases of gastroenteritis per annum*
 1.2 million visits to medical practitioners*
 2.1 million days of work lost per annum*
 Total cost of foodborne illness in Australia is
estimated at $1.249 billion per annum#
Attribution to food vehicles is a major issue
*
#
Hall and Kirk, 2005
Australian Government Dept of Health and Ageing, 2006
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Food Regulation – Who does what
Policy Development
Australia New Zealand
Food Regulation
Ministerial Council
Standards Setting
Implementation
Policy Guidelines
Role - develop domestic food
regulation policy
Comprises - Ministers from the
Governments of Australia, New
Zealand, and the States and
Territories. Each jurisdiction
brings a "whole of government"
view to the Council
Food Standards
Australia New Zealand
(FSANZ)
State + Territory + New
Zealand Agencies
Role – develop food standards
Role – enforce food standards
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FSANZ - Responsibilities
 FSANZ sets food standards that:
 protect the health and safety of food consumers;
 ensure consumers are informed about the food
they buy; and
 prevent deceptive and misleading conduct.
 FSANZ regulatory measures should also:
 Be based on risk analysis using the best available
scientific evidence
 support an innovative food industry; and
 ensure consistency with international obligations
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Food Standards Code
Food hygiene
Composition of
food products
(Australia only)
Additives and new
foods
Microbiological
limits
Food Standards
Code
Primary production
and processing
Labelling including claims
Contaminants and
residues
(Australia only)
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Current Activity
 Whole-of-chain Primary Production and
Processing Standards
•
Seafood, Dairy products, egg and egg products,
poultry meat, raw milk products, etc
 Fortification
•
Folate, Iodine, etc
 Health claims
Reflects focus on both health protection from
acute illness and prevention of chronic
disease.
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Contemporary Issues

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Acrylamide
Ethyl carbamate
Food colours
Allergens
Nanotechnology
Low level contaminants
etc
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Food Imports – Special issues
 Mitigating the risk associated with imported food
 AQIS - Australian Quarantine and Inspection
Service administers the Imported Food
Inspection Scheme:
•
Inspection based on risk category
•
Starting to recognise importers food safety
management systems through compliance
agreements
 FSANZ - Provides advice on risk
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Food Imports – Risk list
 Evolved a Decision Making Tool – Determines
the level of inspection for imported food
 Based on:
•
History
•
Likelihood
•
Adverse effects – populations
•
Risk mitigation post-importation
 High Risk: 100% Inspection and Testing
 Remainder: 5% Inspection and potential for
testing
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Summary
 Australia is seeking pragmatic solutions to
food safety problems
 Horizon scanning for new and emerging
foodborne hazards
 Consumer knowledge, food beliefs and
perceptions are important issues
 Trend towards outcome based standards,
with a focus on prevention rather than endproduct testing arrangements
 Addressing acute and chronic health issues
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www.foodstandards.gov.au
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