Attacking our democratic rights

This Bill which threatened New Zealanders' right to grow food never made it through into law. However, with the spectre of the TPPA the question arises about the future.

This article is from Wikpedia

The 2010 Food Bill

http://en.wikipedia.org/wiki/Food_Bill_160-2_of_New_Zealand

Food Bill 160-2 was introduced on 26 May 2010 to make some fundamental changes[1] to New Zealand's domestic food regulatory regime. Significantly, for an export led economic recovery for New Zealand, the domestic food regulatory regime is the platform for exports.[2] The New Zealand domestic standard is used as the basis for negotiating equivalence arrangements with trading partners. This minimizes the excessive importing country requirements that may be imposed but which do not go to food safety. If passed into law and fully implemented, it would replace the Food Act 1981 and the Food Hygiene Regulations 1974. Food Bill will also make consequential amendments to the Animal Products Act 1999 and the Wine Act 2003 to improve the interface of regulatory processes across food sectors.

Background

In 2009 The New Zealand Food Safety Authority prepared a Regulatory Impact Statement (RIS) to cover a "Reformed Food Regulatory Regime". In it the Agency outlines its theory about the importance of negotiating equivalence arrangements with New Zealand's trading partners on the first page.

A background justification for an appropriate food law to be used by countries world-wide was jointly developed by the Food and Agriculture Organization of the United Nations (FAO) and World Health Organization (WHO). In 2005 FAO & WHO produced a document called Perspectives and guidelines on food legislation, with a new model food law which presents three model food laws that serve as the template(s) from which Food Bill 160-2 was subsequently elaborated.

FAO and WHO also established a body known as the Codex Alimentarius Commission in 1963

Codex Alimentarius

Codex Alimentarius (Latin for "Book of Food") is a collection of internationally recognised standards, codes of practice, guidelines and other recommendations relating to foods, food production and food safety.

Codex is controversial

Codex Alimentarius is recognized by the World Trade Organization as an international reference point for the resolution of disputes.

New Zealand’s Strategic Objectives in Codex

MAF manages New Zealand’s participation in Codex and sets strategic priorities which ensure that Codex standards have the widest possible application.

New Zealand attaches great importance to the work of Codex and has been a member since its formation in 1962. The New Zealand Food Safety Authority (NZFSA), as the lead agency, is responsible for managing New Zealand’s input and participation in Codex.

In 2009, NZFSA developed a new Statement of Intent which underlines New Zealand’s commitment to a risk-based regulatory system and standards development programme, underpinned by sound science, and an effective government role in facilitating commerce and market access. This also provides a framework for challenging protectionism and technical barriers to trade in the global trading environment. Therefore, in alignment with its domestic position, New Zealand has an interest in ensuring that Codex standards, and related texts, are risk-based and founded on sound science and that Codex is efficient and responsive to the needs of its members. Furthermore, as a trading nation, New Zealand sees the work of Codex as central to reducing technical barriers to trade and facilitating greater market access through the development of sound international standards with wide application.[3]

Food Bill gateway to Codex

Food Bill includes provisions to implement Codex Alimentarius regulations into New Zealand’s domestic food regime through two primary mechanisms:

Material incorporated by reference:

The term "incorporation by reference" is used to describe a technique that gives legal effect to provisions contained in a document without repeating those provisions in the text of the incorporating legislation.[4]

Food Bill section 403 Material incorporated by reference

By Order in Council (with no requirement for public consultation)

Food Bill Section 346 "The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations setting standards in relation to food that specify the criteria that all or any of the following must meet to ensure that food is safe and suitable"

Food Bill Section 355 "Regulations about definitions (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations — (a) declaring anything to be food for the purposes of this Act"

Domestic regulations must match export regulations

Food Bill SOP 276, Section 346 - "Regulations about standards in relation to food - (6) Regulations made under this section must not set a standard for food sold for export that is different from the standard set for food sold on the domestic market."

Progress

Food Bill had passed through the first six steps in the ‘procession through the house’ diagram below and is now awaiting its Royal assent where the Bill becomes an Act

Food legislation in other common law countries[edit]

New Zealand is one of 165 member nations of Codex Alimentarius. Other codex member nations are also passing or are proposing to pass similar legislative changes: