Raymond Aron, Introducción a la Filosofía de la Historia

Food Regulation Standing Committee

Review of Ministerial Policy Guideline

Food Safety Management in Australia: Food Safety Programs Terms of Reference36

1. Context and purpose of the Review

The 2003 Ministerial Policy Guideline Food Safety Management in Australia: Food Safety Programs (2003 Policy Guideline) was developed principally to guide risk management decisions to mandate the otherwise voluntary Standard 3.2.1 Food Safety Programs. It effectively asked FSANZ to mandate 3.2.1 for four food industry sectors based on analysis of two national studies on risk and benefit-cost.

While the FSM Policy Guideline also sets out some useful general principles for food safety management, including the potential role of risk profiling, it does not provide practical guidance on the development and implementation of food safety management measures other than 3.2.1.

Similarly, the 2002 Overarching Policy Guideline on Primary Production and Processing Standards (the PPP Policy Guideline) focuses primarily on roles and responsibilities during the standards development process.

Since the endorsement of the FSM and PPP Policy Guidelines, food safety management standards covering a range of food industry sectors have been developed or are underway. Each standards development process entails risk assessment of the relevant food industry sectors and consideration of appropriate risk management measures.

The review was originally proposed due to concerns that completion of the draft standard Food Safety Programs for Catering Operations could result in anomalous food safety management outcomes in the general food service sector. In particular, it was noted that food safety risks attributable to “eating establishments” (not covered by the draft Standard) would continue to be managed only by the baseline requirements of Standards 3.2.2 and 3.2.3. Therefore, the review’s first priority should be to consider the policy guidance in relation to the general food service sector and closely related retail sectors such as delicatessens and bakeries.

Any additional or alternative policy guidance developed for the general food service sector is likely to have generic relevance to food safety management in other sectors. However, the need to consider sector-specific issues and consult with affected sectors would be likely to prevent timely resolution of food safety management policy issues for the general food service sector.

2. Scope of the Review

The Working Group will review the FSM Policy Guideline with a particular focus on the adequacy and appropriateness of its food safety management guidance in relation to the general food service sector and closely related retail sectors. See key examples in the table below. The Working Group is specifically required to exclude from the focus of its review businesses subject to the recently implemented Standard 3.3.1 Food Safety Programs for Food Service to Vulnerable Persons.

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Business Types within the General Food Service and Closely-Related Retail Sectors

Food service – onsite and offsite catering Food service – ready-to-eat food prepared in advance e.g. takeaways that hot-hold ready-to- eat food, restaurants that pre-prepared ready- to-eat food,

Food service – express order e.g. eating establishments or takeaways that do not prepare food in advance

Bakeries – retailers and processors of potentially hazardous foods (e.g. high risk products)

Retailers of ready-to-eat37:

• potentially hazardous bakery products (not processors)

• delicatessen products;

• processed seafood products; and

• perishable packaged foods (e.g. packaged sandwiches).

* draft classification

In carrying out its review, the Working Group will:

a) consider whether additional or alternative policy guidance is needed in relation to these sectors and, if applicable, develop draft amendments to the FSM Policy Guideline or a separate draft Policy Guideline;

b) if it considers that this draft policy guidance may be relevant to food safety management in other industry sectors, make recommendations for further work.

In making any recommendations for further work, the Working Group should have regard to the relative priority of relevant sectors taking into account:

• food safety risk;

• whether or not standards development processes are underway or complete; and • nature and extent of consultation required to develop additional or alternative policy

guidance.

3. Scope of policy guidance

The Working Group will consider the need for additional or alternative policy guidance in relation to: • food safety management options generally, without being limited to Standard 3.2.1 Food

Safety Programs;

• the respective roles of Food Standards Australia New Zealand (FSANZ), the Implementation Sub-Committee (ISC) and jurisdictions, including consideration of the Draft Food Safety Management Framework;

• legislative mechanisms (including the Food Standards Code, the Model Food Provisions, and jurisdiction-specific legislation) required to implement food safety management measures; • use of the Risk Profiling Framework including the list of risk-profiled food industry sectors

accepted by FRSC; and

• the potential role of evaluation, including its use in staged implementation of food safety management measures, which may include evaluation of jurisdiction-specific measures.

4.

The Working Group will provide a report including the review findings and, if applicable: • recommended draft amendments to the FSM Policy Guideline (or a separate draft Policy

Guideline) in relation to the general food service sector and closely related retail sectors; and

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• recommendations for further work on policy guidance for food safety management in other industry sectors.

5. Process and timeline

The review will be conducted in accordance with the requirements of the Principles and Protocols for the Development of Food Regulation Policy Guidelines.

The Working Group will use its best endeavours to submit its report, as approved by the Food Regulation Standing Committee, for consideration by the Australia and New Zealand Food

Regulation Ministerial Council at its October 2010 meeting. An indicative timeline is provided below. If this target cannot be met, the approved report is to be submitted to the Ministerial Council’s May 2011 meeting.

Date Output /Activity

October 2009 FRMC agrees to Review and Working Group is

established

March 2010 FRSC approves Policy Options paper

Consultation period

Working Group prepares report

September 2010 FRSC considers/approves report

Working Group finalises report with OOS FRSC approval if required