At the end of January it was announced that Annette King had been appointed as the Minister-designate for Food Safety - a new Food Safety Authority to be established on 1 July 2002. It will operate as a semi-autonomous body within the Ministry of Agriculture and Forestry.

The new authority will combine the Ministry of Health's responsibilities for administration of domestic food safety and the MAF's responsibilities for primary processing food safety and export assurance.

It is expected that the establishment of the new Authority will initially not impact on the current role of local government in administering and enforcing the environmental health legislation. However, in the longer term it is anticipated that food safety programmes will become more widespread and then compulsory, which will gradually transfer this role to the Authority.

This will also fit in with the proposed reform of the Health Act announced in December 2001. It is proposed to combine the Health Act with the Tuberculosis Act, along with the many associated regulations to create an updated and co-ordinated new legislative regime for managing public health risks.

It is proposed that the new Public Health Bill would include a regime of activity consents for the activities currently covered by the Health Act (such as camping grounds). Cabinet have agreed that territorial authorities will retain the duty to protect public health, including a duty to identify and manage nuisances, and employ Environmental Health Officers. There would also be powers to make bylaws on health matters, play a role in the assessment of activities, and provide some essential public health services.

At this stage it is expected that a Bill will be drafted and introduced to Parliament by the middle of this year.

This is a general summary only and should not be taken as a substitute for specific advice.

For further information, please contact Celia Haden, solicitor:
celia.haden@phillipsfox.com

Web site: Phillips Fox