policies and leg

POLICY AND LEGISLATION

Policies and legislation are implemented and enacted in Australia which ensure the safety of the food we eat. They form a strict set of rules and guidelines that producers, processors and manufacturers, caterers and retailers MUST follow to minimise the risk of a consumer developing foodborne illness as a result of eating food products.

Advisory groups:

Provide guidance to policy makers and Governments about the best way to enact and reinforce the rules
Advocate for the needs of their industry
Lobby governments and policy makers: aim to convince advisory groups to include certain provisions in policies and legislation that will benefit them and the people who work in their sectors

Examples:

Advisory group:	Information:	Sector
Cattle council of Australia	Advocates for people working in the agriculture sector Works to solve issues like the ability to increase beef export channels to increase profitability Advises matters such as environmental stability and animal welfare	Agriculture sector
Seafood trade advisory group	Aim to create a link between those operating in fisheries and the government to better discuss issues relating to the export of seafood overseas. Advises fisheries companies about the international market and tariff exporter payments	Fisheries sector
Australian food cold chain council	Ensures effective management of perishable foods Advise companies on how to ensure they are meeting food standards when it comes to reducing spoilage Provides feedback on industry concerns to governments and policy makers on food sustainability and standards	Food processing and manufacturing sector
Australian hotels association	Advocates for pubs and hotels Engages with the federal government on issues regarding the hospitality industry, specifically its financial and economic viability. Played a critica; role during COVID as they helped to change the hospitality award to ensure it was fair to employees and employers. AHA are advocating for a 12 month freeze on new taxes to allow hotels to rebuild after the pandemic and reduce extra taxes on consumers, which would further increase the cost of living.	Food service and catering sector
Australian food and grocery council	Main goal: advocate for grocery and supply companies Assists them to have an input in government policies and legislation. Helps companies within the sector by advising them on new business opportunities, helping them establish relationships with key stakeholders and improving their knowledge. Supported the 2023 federal budget to help Australians fencing soaring living costs believing the budget would provide important support for small businesses.	Food retail sector
Food standards australia new zealand	Statutory authority which was established by food standards australia and new zealand act 1991. Helps develop food standards in conjunction with the government Vision is to ensure consumers are confident about the safety of their products. Responsible for food surveillance, product recalls, conducting research and inspecting imported food products.	Agriculture
Nutrition australia	Aims to educate the community about the importance of healthy diets and physical activity. Action: creating resources e.g. food pyramid, to make information about nutrition easily accessible to the public. Lobbies governments, both state and federal, on issues relating to nutrition to improve the overall health of australians Advise those in the good industry of nutrition related matters	?

Policies:

‘A plan of action or set of ideas adopted or agreed on by an individual, government, political party or business’.

Examples:

Food and nutrition policy 1992

Aims:

Improving australians knowledge and skills on nutrition
Incorporating food and nutrition into other policies
Improving the nutrition of those w/ specific needs through the implementation of community based initiatives
Monitor food and nutrition systems

National aboriginal and torres strait islander health plan 2013 - 2023

A policy established as part of the closing the gap framework.

Aim:

To improve the health of indigenous australians
To improve indigenous australians ACCESS to healthy foods such as fruits and veggies through AVAILABILITY and AFFORDABILITY

The government is hoping to see a decrease in the rate of disease among aboriginal and torres strait islander people

Australia’s Foreign Investment Policy

Established to allow the federal government to review major foreign investment proposals through the Foreign Investment Review Board
Foreign investors need to seek approval if they are seeking to acquire Australian businesses, agribusiness, agricultural land or commercial land among other things
Allows the government to determine whether the investment is in the Australian public’s best interest.

Legislations:

‘A law or set of laws suggested by a government and made official by a parliament’.

Food Standards Australia New Zealand Act 1991

Ensures a high standard of public health protection throughout Australia and New Zealand
Designed to establish the advisory body of the same name which monitors food safety

Goals include:

High degree of consumer confidence in the quality and safety of food produced, processed, sold or exported
An effective, transparent and accountable regulatory framework within which the food industry can work efficiently
Provision of adequate information relating to food to enable consumers to make informed choices
Establishment of common rules for both countries and the promotion of consistency between domestic and international food regulatory measures without reducing the safeguards applying to public health and consumer protection
Group works to ensure goals are met. They prevent instances of food-borne illness by monitoring and controlling foods.

Imported Food Control Act 1992

Requires food products that are imported into Australia from overseas countries meet our strict food quality standards
Responsible for the establishment of the Imported Food Inspection Scheme (IFIS) which ensures imported food products are compliant with national standards.
Inspections are conducted by the Department of Agriculture, Water and the Environment, which also checks imported foods to ensure they are compliant with country of origin labelling standards

Legislation	Level	Object	Cause	Effect	Impact on AFI
NSW Food act 2003	State	- to ensure food for sale is both safe and suitable for human consumption - to prevent misleading conduct in connection with the sale of food - to provide for the application in this state of the food standards code	This act ensures that food for sale is safe for human consumption. it is important because it also protects consumers from misleading conduct.	The australian population may confidently purchase food products in NSW, knowing that the food industry must comply with the NSW food act 2003 or face serious penalties	By holding business accountable for their actions and finding companies for: Handing or selling unsafe or unsuitable food Falsely describing the food for sale or misleading customers Not complying with the food standards code Incorrectly labelling beef products, e.g. its classification, category, grade etc.
Protection of the environment operations act 1997	State	To protect improve, and enhance the quality of the environment by developing policies and creative methods for reducing pollution and human health risks	The POEO act allows the government to develop specific protection of the environment policies and to implement more creative approaches to pollution reduction. PEP’s are instruments for setting standards, priorities, procedures and instructions for the community.	Sets the standards and regulations for human interaction with the environment. They help develop policies that businesses and the community must abide by. Falling to abide by these policies can result in large fines or jail time.	Plays a major role in maintaining and sustaining ecosystems that are used in NSW to cultivate and manufacture food products
Fair trading act 1987	State	Assists and protects the community by administering consumer laws and enterprise legislation and compliance in specific industries. To provide information to ensue knowledge and comfort when exchanging purchases	Promotes business competition and protects consumers from misleading and deceptive actions and unfair practices	Repealed several other laws intended to control goods and services in NSW, enabling businesses and consumers to be better informed	Helps give customers a better understanding of their rights and the liability of companies selling goods Consumers feel at ease and confident when buying items,
Work health and safety act 2011	State	Protects employees of businesses regarding safety, health and welfare in the workplace.	Created to protect workers in the workplace by setting clear expectation and requirements that allow employers must follow to ensure the safety of their employees	Made workplaces safer Business must follow the riles and guidelines or else face serious penalties Improved worksites Minimised potential injuries	Outlines specific safety standards and regulations for all workers in the AFI. Makes working in the industry more desirable
Prevention of cruelty to animals act 1979	State	- prevent cruelty to animals - promote welfare of animals by requiring a person in charge of an animal to provide the appropriate care	Developed to set rules and regulations that standardise the treatment of animals. It also stipulates penalties for breaching the act	Promotes the responsible ownership of animals and allows a more succinct public reporting process for suspected breaches of the act and increased penalties for offenders	Sets welfare standards that must be met Ensures the welfare of animals meet consumer demands Impact customers and sales
Food standards Australia New Zealand act 1991	Federal	- protect public health and safety - provide sufficient information on food to help consumers make informed choices - prevent fraud and deception	Aim to work alongside the government to develop standards abt what is in our food and how it is labelled. Responsible for educating about food safety, allergies and nutritional issues Coordinate product recalls and develop risk assessments for imported food	Standards ensure quality Food standards code covers everything including labeling requires, individual classes of food etc	Independent agency with th empower to make and regulate food laws. Without it, our industry would not have the good reputation it possesses. Health minisets from australia work with FSANZ to assist safe food supply.
Fisheries management act 1991	Federal	- defining the Australian fishing zone - outlining commonwealth fisheries offenses - protecting australian fishing resources at both domestic and international levels - managing the long term sustainability of fisheries resources in australia	Was established to develop a range of management plans to regulate the use of Australian fisheries resources. It also outlines offences and consequences for individuals and companies that breach the law.	Allows the fisheries industry to grow sustainable. Keeps waters secure from people who pose a threat to the marine environment. Helps protect aquatic habitats, marine ecosystems and populations	Provides protection for marine populations ensuring fish species are present for future generations Allows careers in the industry
Dairy produce act 1986	Federal	Regulates the sale and export of dairy industry goods. Addresses the collection of levies linked to the industry	Aim was to control the sale and export of products in the industry	Promotees the sustainable production of dairy products Ensures the stability of exports in the industry	Includes guidelines that businesses must comply with. The industry standards guarantees that the performance of the service is preserved.
Imported food control act 1992	federal	- control and inspect food imported to Aus - ensure important foods are compliant with standards - Protect the public from safety risks	The Objective was to control and inspect imported food. Guaranteed imported foods comply with the standards	Makes food companies responsible for the goods they import as they will be refused entry if they do not comply with standards	Consumers can confidently buy imported foods
Gene technology act 2000 *amended in 2019	Federal	- regulate and manage potential risks involving gene technology - ensure health and safety of australians - protect the environment	Developed in response to the rapid growth of gene technologies in agriculture worldwide	Regulates the use of gene technology ensuring risks associated are minimised for the safety of the public and environment	Restricts the use of the technology. Farmers using the technology must obtain permits/licences
Competition and consumer act 2011	Federal	- repealed the trade practices act - creates a fair and competitive operating environment for companies - promotes competition and consumer protection	Purpose was to provide a competitive and fair operating environment where competition is promoted whilst consumers are protected	Enables consumers to buy goods in a safe manner. Allows consumers to safely participate in company competitions and promotions	Companies are required to work under the same legislation to ensure that the marker remains competitive yet equal

Policy	Level	Aim	Cause	Effect	Impact on AFI
National aboriginal and torres strait islander health plan 2013-2023	National	Designed to improve A + TSI health over the next decade Crucial part of the closing the gap framework	Improve the people's health so they are as healthy as non indigenous people and have the same life expectancy	Outlined accountability tools, specified roles and responsibilities for partners progressing the health plan. Increased access to health services	Encourages the non-government sector e.g. the food industry to demonstrate commitment by aligning strategic planning and public reporting to reference the health plan
Food and nutrition policy 1992	National	- educate australians on healthy lifestyle choices - monitor the food sector and produce - incorporate nutrition objectives throughout policy areas	Developed to minimise the risk of diet related diseases through education and self-responsibility	Not enough results yet as diet related disorders are at a national high	Provides strategies for a healthy lifestyle. Can impact products to be favoured
Australia’s foreign investment policy	National	Ensures the aus government review major foreign investments individually through the foreign investment review board	Was developed to regulate foreign investment	Case by case assessment maximises the flow of investments whilst protecting national interests. Creates new jobs, upskilling the current workforce, promoting competition	Individuals or businesses can invest in organisation that run within or externally impact the AFI.

Government Policies and Legislation:

Local government:

Responsible for appointing an environmental health officer, inspecting food or food premises and building requirements.

EHO’s role under the food act inspect food premises:

are responsible for investigating complaints
educating people in the industry
inspecting registered food businesses
checking on suppliers of goods
issuing improvement notices or orders
ensuring goods sold meet labelling and other legal requirements.

State government:

Food act 2003 - ensure food is safe and suitable for consumption and prevent misleading conduct in connection with food sale.
Fair trading act 1987 - covers fair and honest business practices protecting consumer and traders

Federal government:

National health and nutrition policy - raise awareness to educate australians, making them responsible for their eating patterns and habits
Trade practices act 1974 - ensure fair trading and protect the consumer, addressing restricting trade practising, unconscionable conduct, consumer protection and liability of manufacturers and importers.
FSANZ Act 1991 - ensure quality and safety in food, provide regulatory framework for industry, provide information to consumers abt goods, establish rules on trade.

Food labelling:

Control:

Labelling regulations focus on statements or words that must/must not or may appear on labels.

Requirements:

Name or description of food
Product recall information (name, address, batch number)
Country of origin
Ingredients
Allergy information
Nutrition panel
Date marking (shelf life)
Storage information