By Melissa Higham - 2 Feb 2012
Over Christmas, there was a lot of media hype and confusion
surrounding the application of the Food Bill to market gardeners,
farmer's market stall holders, cake stalls and the like. The Bill
has been before Parliament for over a year, but until now has
received little attention.
According to the Government, the Bill will not stop farmers
markets operating, food being exchanged between neighbours or
friends or the occasional weekend sausage sizzle fundraiser outside
the "Red Shed".
The Bill replaces the Food Act 1981 with its focus on "walls,
floors and ceilings" with a risk-based approach to food safety
focusing on the processes and practices involved in keeping food
safe. The Bill introduces a range of tools that can be applied by
individuals and businesses which sell or supply food in exchange
for payment, depending on the risk posed by that particular food or
the business making or supplying the food.
High risk manufacturers such as baby food manufacturers or
businesses that sell food such as restaurants will face the highest
level of requirements. They must operate under food control plans
providing a series of measures against which a food operator can
manage their food business.
Medium risk food businesses such as bakeries face "national
programme" regulations which propose a more generic and flexible
approach to food safety. The regulations will have three levels of
national programme and the levels which need to be attained will
vary according to the risk posed by the business.
Low risk food businesses face a non-regulatory approach. Food
handler guidance will be available to low risk practices (such as
fund raising events, bed and breakfast operators, farmers market
stall holders). These are an educative set of tips on how to
produce and keep safe food.
With the Bill likely to be enacted sometime this year,
businesses will need to take advice so that they are aware of their
obligations and ensure they comply.
For more information on the Food Bill and to track its progress
through Parliament click here.
If you are in the business of manufacturing and or selling food
and would like advice on the extent of your compliance obligations
under the proposed bill, please contact your usual Martelli McKegg
contact or Melissa Higham.