Regulatory ESSENTIAL



Regulatory ESSENTIALS - modular information package with all the essential information for compliant products in your target market. Conveniently read online at Product-Compliance-Portal ROGER WILLCO.

Food contact materials; food contact substances; food processing machinery; hygienic design of food processing machinery; hygienic design; hygienic sanitary design; product contact surfaces; cleaning; disinfection; dead spaces; bakery machines; grocery machines; meat; diary

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Scope: This ESSENTIAL describes conformity procedures for food contact materials (FCM), based on 1. The Australia and New Zealand Food Standards Code FSANZ (so-called "joint system"), but it does not cover a number of areas in New Zealand. 2. The New Zealand food safety legislation, which covers: - maximum residue limits (MRLs) for agricultural compounds in food - food hygiene and food safety provisions, including those for high-risk imported foods - details of materials permitted to be added to or used to produce food packaging materials - export requirements relating to destination markets, other than Australia - dietary supplements

Stakeholders: Manufacturer, Importer
Legislation in force: Australia and New Zealand Food Standards Code, contains four chapters: 1) Introduction and standards that apply to all foods; 2) Food standards; 3) Food safety standards; and 4) Primary production standards. Attention: Chapters 3 and 4 apply only in Australia, not in New Zealand. Food Contact Substances defined under the Code are: - Food additives - Processing aids - Food Package 1.1.2—11 Definition of "used as a food additive, etc": Food additives are defined as substances added to food to perform one or more technological functions in the finished food. 1.1.2—13 Definition of "used as a processing aid". Processing aids include substances used to perform a technical purpose during food processing, but not in the finished food 1.1.2 Definition of "package": (a) means any container or wrapper in or by which food for sale is wholly or partly encased, covered, enclosed, contained or packaged; and (b) if food is carried or sold or intended to be carried and sold in more than one package—includes each package; and (c) does not include: (i) a bulk cargo container; or (ii) a pallet overwrap; or (iii) a crate and packages which do not obscure labels on the food; or (iv) a transportation vehicle; or (v) a vending machine; or (vi) a hamper; or (vii) a container or wrapper (including a covered plate, cup, tray or other food container) in which food is served in a prison, hospital or medical institution; or (viii) for Standard 2.9.5—a covered plate, cup, tray or other food container in which food for special medical purposes is served by a *responsible institution to a patient or resident. Standard 1.4.1 - Contaminants and natural toxicants (limits for metal/non-metal contaminants, natural toxicants, average and maximum levels of mercury in fish). - Reference: Schedule 19 Food Standards Australia New Zealand Act 1991 Division 2—Food regulatory measures 16 Matters that may be included in standards and variations of standards (1) Standards, and variations of standards, developed by the Authority may relate to any of the following: (a) the composition of food, including: (i) the maximum amounts of contaminants or residues that may be present in the food; and (ia) the maximum or minimum amounts of additives that must or may be present in the food; and (ii) its microbiological status and safety; and (iii) the method of sampling and testing the food to determine its composition; (b) the production of food; (c) the handling of food; (ca) the prohibition of the sale of food: (i) either in all circumstances or in specified circumstances; and (ii) either unconditionally or subject to specified conditions; (d) any information about food including labelling, promotion and advertising; (e) the knowledge, skill, health and hygiene requirements for people handling food; (f) the responsibilities of businesses that are handling food relating to any hygiene requirements in force under paragraph (e) for people involved in the business who are handling food; (g) the responsibilities of businesses that are handling food to ensure that information in connection with hygiene requirements in force under paragraph (e) that is provided by individuals involved in the business and who are handling food remains confidential except in specified circumstances; (h) the use of devices of a particular standard to measure the temperature of food; (i) the design, construction, maintenance and cleanliness of: (i) premises (including fittings and fixtures) at which food is handled; or (ii) equipment (including single use items) used to handle food; or (iii) vehicles used to transport food; (j) the information that a business that handles food may be required to give about the business to State or Territory authorities; (k) restrictions on the premises at which, and the persons by whom, particular food may be sold or otherwise supplied; (l) restrictions on the publications that may contain advertisements for particular food; (m) requirements relating to animals and pests at premises in which food is handled, or in vehicles in which food is transported; (n) the interpretation of other standards; (o) the application of standards; (p) such other public health matters relating to food as are prescribed. (2) Without limiting subsection (1), a standard may relate to: (a) a class of food generally; or (b) a particular brand of food. Article 4 - The purpose of this Act is to: (a) restate and reform the law relating to how persons trade in food; and (b) achieve the safety and suitability of food for sale; and (c) maintain confidence in New Zealand’s food safety regime; and (d) provide for risk-based measures that— - (i) minimise and manage risks to public health; and - (ii) protect and promote public health; and (e) provide certainty for food businesses in relation to how the requirements of this Act will affect their activities; and (f) require persons who trade in food to take responsibility for the safety and suitability of that food. Article 5: This Act applies to food for sale and food-related accessories. Definition of "food-related accessory": (Article 8 - Interpretation) (a) means any thing that is used, or represented for use, in or for the production, processing and handling, sale, or consumption of food; and (b) includes a package or anything that is enclosed with, attached to, in contact with, or contained in food Definition of "package" (Article 8 - Interpretation) (a) includes anything in or by which food for carriage or for sale may be wholly or partly encased, covered, enclosed, contained, or packed; and, for food sold or carried or intended for sale or carriage in more than 1 package, includes every such package; but (b) does not include any of the following: - (i) bulk cargo containers: - (ii) pallet overwraps: - (iii) crates and packaging that do not obscure labels on the food: - (iv) craft and vehicles Regulations for packaging and accessories for processing and recall Article 25 - Packaging and other food-related accessories The operator must ensure that food-related accessories— (a) are able to maintain the safety and suitability of food (to the extent that maintaining the safety and suitability of food is their intended use); and (b) do not create or contribute to hazards. Article 27 Recall of food or food-related accessory (1) The operator must have procedures for the recall of— (a) food sold by the food business that is not safe or suitable, or whose safety or suitability is in doubt; and (b) any food-related accessory sold by the food business— (i) that has, or for which there is doubt about whether it has, contaminated food or caused food to no longer be safe or suitable; or (ii) for which there is doubt about whether it may contaminate food.

Application national: New Zealand, Food Contact Materials, FSANZ, Codex Alimentarius

Countries: Image for NZ New Zealand,  
Status: Published 2021-12-14 by Anette Dunkel-Reinboth and Michael Loerzer
Last change 2024-12-10 by Anette Dunkel-Reinboth: Hints, Food contact materials
ROGER WILLCO ID: #zi6c
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Scope of this ESSENTIAL
This ESSENTIAL describes conformity procedures for food contact materials (FCM), based on

1. The Australia and New Zealand Food Standards Code FSANZ (so-called "joint system"), but it does not cover a number of areas in New Zealand.

2. The New Zealand food safety legislation, which covers:
- maximum residue limits (MRLs) for agricultural compounds in food
- food hygiene and food safety provisions, including those for high-risk imported foods
- details of materials permitted to be added to or used to produce food packaging materials
- export requirements relating to destination markets, other than Australia
- dietary supplements'

Analysis of regulatory requirements

Legislation in force for this PCT
Here you will get related hyperlink(s)

Are legal provisions regulates the product compliance topic? If yes, what is the reference (title, number)?

Legislation in force for this PCT
Here you will get textual information

Are legal provisions regulates the product compliance topic? If yes, what is the reference (title, number)?

Legislation in force for this PCT
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Are legal provisions regulates the product compliance topic? If yes, what is the reference (title, number)?

Responsible actors
Here you will get textual information

Which actor(s) are responsible for compliance with the legal provisions: e. g. - economic operators (manufacturer, importer, distributor, fulfilment service provider), - user (commercial/industrial/professional), - user (private, consumer)?

Regulatory market access conditions for the actor(s)
Here you will get textual information

What are the main regulatory requirements (e. g. conformity assessment fulfilment of essential requirements of Annex I 2006/42/EC) prior placing on the market, importation and putting into service (brief description)

Exemption clauses
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Exempted devices/products or industry sectors.

Sub-federal legislation of states/counties
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E. g. by 2019 an Inter-Governmental Agreement (IGA) on governance of the Electrical Equipment Safety System (EESS) has been signed by Queensland, Victoria, Western Australia and Tasmania.

FTA/MRA status with EU
Here you will get textual information

Has the country signed a Free Trade Agreement (FTA) or a Mutual recognition agreement (MRA) with EU?

Authority
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Name of the authority for approval, registration, market surveillance and/or enforcement

Link/Reference to other reference document(s)
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes

Route to compliance

Formal and administrative requirements

Registration at related authority required?
Here you will get textual information

Product registration? Manufacturer registration? Importer / Representative registration? if required.

Local representative legally required?
Here you will get textual information

[Yes/No]

Equipment authorization (approval process)

Approval process (conformity assessment procedure)
Here you will get textual information

Means each legally required approval process prior placing on the market, importation or putting into service

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes

Testing & Standards

Specific requirements for testing
Here you will get related hyperlink(s)

e. g. is an accredited test lab. mandatory, limits, test samples, product description

General information to the application of standards
Here you will get textual information

e. g. China: GB standards are mandatory, EU: harmonized standards shall be published in the OJEU with respect to "presumption of conformity"

Regulatory labelling, markings and user information

Regulatory label (mandatory)
Here you will get related hyperlink(s)

e. g. product label

Regulatory e-labelling allowed?
Here you will get textual information

e. g. put the regulatory information and labels in a software menu

Required information on the product and/or packaging
Here you will get textual information

e. g. address of the manufacturer/importer, serial number

User instructions language(s)
Here you will get textual information

Regulated by the legal provisions

Hints
Here you will get related hyperlink(s)

Specific recommendations, information or most common mistakes

Hints
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Specific recommendations, information or most common mistakes


Code, ContinentNZL, Australia
Economic AreaANZCERTA (FTE with Australia)
Official LanguageEnglish, Maori
Standard InstituteStandards New Zealand | https://www.standards.govt.nz/
HS CodememberYes - since 1963






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