Victorian Committee of Food Regulators
Strategic Plan for Food Regulation in Victoria 2011-2014
Foreword by the Chair
The major Victorian food regulators at state and local government levels have a long history of working cooperatively. In 2010 the Victorian Government decided to formalise and strengthen that cooperation by establishing the Victorian Committee of Food Regulators in response to a recommendation from the Victorian Competition and Efficiency Commission.
The Committee was given terms of reference by the Government and functions with a focus on achieving a “seamless” regulatory system across all the Victorian food regulators for the benefit of consumers and the food industry. The starting point for the Committee is to develop and monitor a strategic plan for food regulation in Victoria.
This will be the first time that Victoria has had a strategic plan for food regulation. The central themes will be continuous improvement of the regulatory system, transparency and accountability, effective stakeholder feedback, and coordinated reporting by all regulators. The plan will seek to identify issues and trends and endeavour to address them to make it easier for consumers and industry to access the information they require and have their issues resolved. The plan extends beyond food safety alone. It also encompasses food labelling and misleading or deceptive conduct in relation to food.
The Strategic Plan for Food Regulation in Victoria 2011-2014 is intended to be the first step of a long term strategy to continually improve coordination and application of food regulation in Victoria. The participation of the Victorian food regulators in the development of the plan demonstrates their commitment to contributing to the Government’s agenda of reducing the regulatory burden on business. The strategic plan is expected to inform the development of strategic and operational plans of each Victorian food regulator. Over time it is expected that the plans of each regulator will become more aligned with the Victorian strategic plan.
I expect the strategic plan will deliver measurable improvements to the way our food regulation system in Victoria functions. The plan will not increase the regulatory burden on the food industry.
As Chair I will be reporting to the Ministers for Health, and Agriculture and Food Security, on the progress of the plan.
Luke Wilson
Chair
Introduction
The Victorian Committee of Food Regulators was established in 2010 in response to a recommendation of the Victorian Competition and Efficiency Commission (VCEC) 2007 enquiry, “Simplifying the Menu: Food Regulation in Victoria”.
The Committee comprises representatives from:
- Department of Health
- Department of Primary Industries
- Department of Justice (Consumer Affairs Victoria)
- Department of Planning and Community Development (Local Government Victoria)
- PrimeSafe
- Dairy Food Safety Victoria
- Municipal Association of Victoria
The Committee has been given the job of developing a strategic plan for food regulation in Victoria. The strategic plan is intended to bring about a statewide, integrated approach to food regulation. The plan will not impose any additional regulatory burden on the food industry.
In its 2007 enquiry, the VCEC also recommended that the Committee:
- Oversee the ongoing operation of the Memorandum of Understanding (MoU) between Victorian food regulators,
- Regularly monitor performance of the food regulation strategic plan and coordinate reports to responsible ministers,
- Oversee a common food safety performance reporting system,
- Identify and address any significant problems that require a coordinated or statewide response,
- Examine the scope to use coordinated education and information strategies to complement regulation,
- Examine the management of deceptive and misleading conduct allegations in relation to food; and;
- Serve as a forum to share knowledge and lessons.
Food Regulation has a long history in Victoria and has evolved significantly over the last 100 years. Modern food regulation encompasses food safety, food quality, consumer information, and protection against deceptive and misleading conduct. However consumer demands and food technologies are constantly evolving requiring continual review of both food law and alternative approaches. In an evolving environment it is important to ensure that the needs and expectations of consumers and the food industry are always under consideration and where possible, are met.
The Strategic Plan for Food Regulation in Victoria 2011 – 2014 will be one of the major mechanisms through which the Government can respond to changing needs and expectations.
Constraints
It should be noted that the Committee is not appointed under statute and therefore has no power to impose its decisions or direct any food regulator. It will operate by the consensus of members and through the goodwill of all agencies represented on the Committee. Committee decisions will be by the agreement of all members.
The Committee did not have a role in the development of, or the Government response to, Labelling Logic: Review of Food Labelling Law and Policy, (2011) chaired by Dr Neale Blewett AC. The development of the strategic plan is a separate body of work to the Blewett review.
Vision
The Victorian food regulatory system is seamless, efficient and effective.
Principles
The Committee will adopt the principles below:
We will
- Respect the contributions and requirements of all stakeholders.
- Share information and operate transparently and cooperatively.
- Take action that is implementable, solve problems, and provide frank advice.
- Operate efficiently to deliver the least cost and the lowest burden.
- Optimise food safety, factoring in protection of public health, and consumer and business needs.
Purpose
Promote the seamless operation of, and seek to improve, the food regulatory system in Victoria for the benefit of consumers and food businesses.
Goals
- To drive continuous improvement in the operation, effectiveness and efficiency of the regulatory framework.
- To pursue a seamless regulatory framework for the benefit of industry and the community.
- To promote on-going cooperation between regulatory bodies.
Definitions
Risk encompasses:
- Safety risk – the risk of causing illness or injury
- Consumer information risk – the risk of consumers being mislead or deceived
- Economic risk – the financial cost of taking or not taking action
Seamless
In the context of food regulation that questions from stakeholders will be answered by a principal Victorian food regulator, or the stakeholder provided with accurate information to correctly direct the matter to the appropriate organisation for resolution.
Stakeholders
Any person, group or organisation directly regulated or affected by food regulation in Victoria.
Food Regulation
In this document food regulation refers to a number of pieces of legislation and other documents including the following:
- Food Act 1984
- Meat Industry Act 1993
- Seafood Act 2003
- Dairy Act 2000
- Fair Trading Act 1999
- Competition and Consumer Act (Commonwealth) 2010
- Australia and New Zealand Food Standards Code
- Various Codes of Practice and Standards
The Victorian legislation is administered by the following number of Victorian Government Departments and statutory authorities:
The Victorian Department of Health
PrimeSafe
Dairy Food Safety Victoria
Consumer Affairs Victoria
Local Councils
NB: Food regulation does not include quality assurance schemes operated by the food industry or independent certifiers. Whilst these schemes are not of themselves regulation, compliance with them may be accepted by a regulator as demonstrating compliance with food law.
Goal 1
To drive continuous improvement in the operation, effectiveness and efficiency of the regulatory framework.
Strategies
We will achieve this goal by:
- Analysing data to inform policy development and the regulators’ business planning
- Developing effective feedback mechanisms for industry, consumers and regulators to inform the Committee and the food regulators.
- Utilising appropriate national regulatory forums and processes to address identified matters of national consistency, effectiveness or unnecessary red tape.
- Promoting an evidence based and risk based approach to the application of legislation.
Priorities
Specific strategic initiatives that will be the focus of effort over the next 12 months to help achieve the goal.
- Identifying current regulatory processes that could be used more broadly for wider benefit.
- All Victorian food regulatory agencies will ensure audits are conducted by food auditors who have achieved certification to the national competency standards.
- Develop principles for evidence and risk based approaches to inform regulators’ operational policy development and activities.
KPI
- Reporting to government on improvements made to, and proposed for, the Victorian food regulatory system, including alternatives to regulation.
- Reporting to government on the extent of stakeholder satisfaction with the food regulation system and proposed changes.
- Reporting to Government on matters raised through national regulatory forums and processes and the outcomes of each matter raised.
Goal 2
To pursue a seamless regulatory framework for the benefit of industry and the community.
Strategies
We will achieve this goal by:
- Communicating & educating consumers and the food industry about Victoria’s regulatory system.
- Acting as a forum for coordinating responses to complex and emerging food regulatory issues.
- Promoting consistent & proportionate responses to food regulatory issues.
- Exploring and promoting non-regulatory action in support of food safety.
Priorities
Specific strategic initiatives that will be the focus of effort over the next 12 months to help achieve the goal.
- Identification of significant gaps and inconsistencies in the application of food regulation among the food regulators and solutions proposed.
- Establishment of a website for the Victorian Committee of Regulators to communicate decisions and reports.
- Exploring opportunities for improvements in regulatory performance reporting.
KPI
- Solutions prioritised for any significant gaps or inconsistencies between regulators.
- Committee decisions and advice published on Committee/regulator websites.
Goal 3
To promote on-going cooperation between regulatory bodies.
Strategies
We will achieve this goal by:
- Overseeing the operation of the Memorandum of Understanding between food regulators.
- Adhering to the principles articulated in this plan.
- Sharing knowledge, training and expertise.
- Encouraging food regulators to meet regularly (outside the Committee) to discuss operational and strategic issues and foster cooperation between regulators.
Priorities
Specific strategic initiatives that will be the focus of effort over the next 12 months to help achieve the goal.
- Review and oversee the operation of the MoU and resolve any issues arising from its use, and use the MoU to proactively manage boundary issues and gaps between regulators.
- Act as a forum to resolve complex or difficult issues.
- Encourage food regulators to discuss operational issues and facilitate staff cooperation.
- Encourage and promote opportunities for staff of regulators to participate in joint training activities to improve skills and common understanding.
KPI
- All relevant Committee participants sign up to the Memorandum of Understanding.
- The new Memorandum of Understanding to be in operation by 31 December 2011.
