Consumers Right to Know (Food Information) Bill

EXPLANATORY NOTE

General policy statement

The purpose of this bill is to enshrine in law consumers' right to know what is in food they are purchasing, and to have access to information on food products so that they can make informed purchasing decisions.

It is based on the concept that consumers have the right to sufficient accurate and meaningful information on a label to enable them to make informed food purchasing decisions.

The bill provides a comprehensive GM labelling system in New Zealand that will require the labelling of all foods derived from gene technology, not just those foods that still have detectable levels of GM protein or DNA left after processing, as is the case at present.

Under the bill, all GM derived foods, ingredients, flavourings and additives will have to be labelled, irrespective of whether there is DNA or protein of GM origin in the final product.

The threshold for labelling foods that are inadvertently contaminated with GM material will be lowered from 1% to 0.5%. The threshold for non-approved GM material will remain at its current level: zero.

The bill will also require animal feed derived from GM to be labelled for the first time. It will ensure that GMOs can be traced at all stages in the production, distribution and marketing chain. This will enable authorities to keep track of all GM material that enters the food chain, and trace food GM food ingredients and foods from the moment of their inception through the processing stage. This will ensure that producers can prove that they have taken all appropriate steps to avoid such contamination.

The need for accurate, truthful and meaningful food labelling is recognised by all the major national and international food standard setting agencies including the New Zealand Food Safety Authority, Food Standards Australia New Zealand, and the joint FAO/WHO Codex Alimentarius Commission.

Our existing GM labelling regime does not provide consumers with sufficient information, however, to enable them to make informed purchasing decisions or to avoid GM foods or ingredients if they so wish. It exempts all GM foods and ingredients that do not have DNA or protein of GM origin in the final product, as well as flavourings and additives and food that has been inadvertently contaminated with GM ingredients up to 1%. The absence of any requirement to label these GM derived products and ingredients in food means it is almost impossible for a consumer to work out which foods contain or are made from GM ingredients and avoid them if they wish.

The bill requires the Minister for Food Safety to implement a monitoring plan that would enable the Food Safety Agency to trace any direct or indirect unforeseen effects on human health or the environment of GM food or feed after it has been placed on the market.

The bill also requires that the country of origin of certain foods is clearly identified on labels or at the point of sale of food. It requires the method by which eggs are produced to be identified on egg packaging.

It also requires Government to make available to the public all information it gathers on residues in foods from pesticide, heavy metals, industrial chemicals or by-products, veterinary medicines and any other contaminants.

PART 1

Preliminary Provisions

This part defines the purpose, the principles, and responsibilities related to the implementation of the provisions of the bill.

PART 2

GM food and feed

This Part addresses GM food and animal feed. These provisions will strengthen the existing provisions which relate to GM food by requiring all foods that are produced by GM technology to be labelled, irrespective of whether there is DNA or protein of GM origin in the final product.

It provides for the labelling of GM foods currently exempt from labelling — namely, flavours present in the food in a concentration of no more than 0.1 percent of the product; highly refined food where the effect of the refining process is to remove novel DNA and/or novel protein; and food additives.

It lowers the threshold level above which adventitious contamination by GM material must be declared on a label, from 1 percent (the present threshold) to 0.5 percent for GM material that has been approved by Food Standards Australia New Zealand, and to zero for illegal GM material that has not been approved by Food Standards Australia New Zealand.

It provides for the labelling of GM animal feed, to assist animal producers to make informed choices and to ensure the traceability of GM material in the food chain.

Section 13 requires the development of new traceability regulations which will ensure that GM material can be traced from the farm to the supermarket. It will require producers to keep a record of food ingredient origins throughout the production and distribution chains. It places an obligation on all parts of the distribution chain to provide that information, thereby reducing reliance on analytical methods to detect the presence of GM DNA or protein.

The new traceability regulations will facilitate quality control, verification of labelling claims, and also the withdrawal of products should unforeseen adverse effects to human health or the environment be found to occur. They will facilitate the monitoring of the potential effects that the GMOs could have on health and the environment. Traceability allows for consumers and livestock producers to exercise their freedom of choice, and their right to make informed choices, in an effective manner.

These requirements will bring New Zealand law into alignment with new European labelling and traceability laws.

PART 3

Country Of Origin

This Part requires that the country of origin of certain foods is clearly identified on labels or at the point of sale of food.

It stipulates that consumers have the right to making purchasing decisions based on the country of origin of the food if they so wish. There are many reasons why consumers may wish to eat or avoid consuming foods from certain countries including the desire to eat locally produced foods and support local producers and the local economy. Other concerns include environmental sustainability, animal welfare concerns, concerns over the quality control standards in some countries, health concerns, for example over BSE, or a desire to avoid particular chemical contaminants that might arise from some country's production processes or from post-harvest or fumigation treatments.

The absence of country of origin labelling can result in consumers being misled into believing that common items such as meat, fruit, fish and vegetables are New Zealand produced when they are in fact imported, or vice versa. In this situation a lack of country of origin labelling can be regarded as deceptive, and hence contrary to Codex guidelines for labelling food. This is a particular problem with food items that have been traditionally New Zealand grown, but are now also imported.

PART 4

Labelling For Method Of Production

This Part requires the method by which eggs are produced to be identified on egg packaging — that is whether they are free range, barn produced or from caged hens. Lack of mandatory labelling on egg packages makes it difficult for consumers to know the conditions in which eggs were produced.

It also requires that the source of seafood be identified on packaging at point of sale — that is whether it is wild-caught or farmed. Some farm-raised seafood are exposed to a number of chemicals to control pests and diseases, and consumers need the information on method of production in order to exercise their right to choose.

Part 5

Residue Information

This Part requires that the Government make available to the public all information it gathers or requires to be gathered on residues in foods from pesticides, heavy metals, industrial chemicals or by-products, veterinary medicines and any other contaminants. Whilst information on some of these items, like pesticide residues and heavy metals, is normally publicly available, information on other items, like veterinary medicines, is routinely withheld.

CONSUMER'S RIGHT TO KNOW (Food Information) BILL

Contents

The Parliament of New Zealand enacts as follows:

1Title
This Act is the Consumer's Right to Know (Food Information) Act 2005.

PART 1
Preliminary Provisions

2Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.

3Purpose
The purpose of this Act is —
(a)to require the Government to introduce a comprehensive labelling system in New Zealand that provides consumers with sufficient accurate and meaningful information to enable them to make informed food purchasing decisions about genetically engineered foods and ingredients in the food chain, as well as the country of origin of foods:
(b)that requirements that affect the provisions of this Act are incorporated into the appropriate regulations, codes, and policies.

4Administration of Act
The Minister for Food Safety and, in relation to sections 14 to 16, the Minister for Consumer Affairs, are responsible for the implementation of the provisions of this Act.

5Interpretation
In this Act, unless the context otherwise requires, —
barn raised means the layer hens are kept under conditions that meet the RNZSPCA Accreditation Standard for Barn Egg Production

caged hens means the layer hens that are kept in battery cages

Code means the Australia New Zealand Food Standards Code

country of origin means the country in which the produce is grown or, in the case of processed food, the country in which the most significant ingredients, by quantity and food description, are grown

free range means the layer hens are kept under conditions that meet or exceed the RNZSPCA Accreditation Standard for Free Range Egg Production

genetic modification, or GM means using recombinant DNA techniques that alter the heritable genetic material of living cells or organisms, and genetically modified has a corresponding meaning

genetically modified food, or GM food means food and food ingredients, including additives and flavourings, produced using genetic modification technology

genetically modified feed, or GM feed means animal feed, compounded feedstuffs and feed additives, produced using genetic modification technology

operator means a person who places a product on the market and also a person who receives a product that has been placed on the market at any stage of the production and distribution chain, but does not include the ultimate consumer

traceability means the ability to trace food, animal feed, and ingredients of food and animal feed that are produced using genetic modification technology throughout the production and distribution chains.

6Principles relevant to the purpose of Act
For the purposes of this Act, the following principles apply to every decision made or action undertaken:
(a) right to know — everyone has the right to be provided with sufficient meaningful, truthful and accurate information on a food product so as to enable them to make an informed purchasing decisions including about —
(i) what is in the food they purchase:
(ii) whether it is produced locally or imported:
(iii)whether it is produced using methods they support:
(b)truth in labelling — the consumer information that is declared on a food label must be accurate, accessible at the point of sale, complete and comprehensible in form, so as to enable a consumer to exercise freedom of choice in purchasing food.

7Government responsible for implementation measures
The Government must ensure that the labelling requirements in Parts 2, 3, and 4 are enforced by —
(a) recommending that the Governor-General make, by Order in Council, regulations under the Agricultural Compounds and Veterinary Medicines Act 1997 with respect to the requirements for the labelling of GM animal feed:
(b) recommending that the Governor General make, by Order in Council, regulations prescribing a Consumer Information Standard of GM Labelling (Foods), and a Consumer Information Standard of Method of Production Labelling (Foods) within the existing legal framework:
(c) adopting the Food Standards Australia New Zealand Food Standard on Country of Origin labelling:
(d) any other mechanism within the legal framework.

PART 2
GM Food and Feed

8Packaged Foods
(1)All packaged food derived from genetic modification, or containing an ingredient derived from genetic modification, must be labelled as such regardless of whether or not there is DNA or protein of GM origin in the final product.

(2)The label required by subsection (1) must contain the words "derived from genetic modification" in conjunction with the name of the food or in association with any specific ingredients derived from genetic modification; or "genetically modified (name of food)" or "contains genetically modified (name of ingredient)".

(3)For the purposes of this Part and Part 3, packaged means —
(a)any food or animal feed purchased for sale by an operator in wrapped, tinned or bottled form, or otherwise wholly or partly encased, covered, enclosed or contained; and
(b)includes any food or animal feed purchased for sale by an operator and wrapped, tinned or bottled, or otherwise wholly or partly encased, covered, enclosed or contained by the operator; and
(c)does not include bulk food or animal feed packed, tinned or bottled by the consumer.

9Unpackaged Foods
All unpackaged food, including bulk foods, derived from genetic modification, or containing an ingredient derived from genetic modification regardless of whether or not there is DNA or protein of GM origin in the final product, must have displayed in association with the food the words "derived from genetic modification" in conjunction with the name of the food or in association with any specific ingredients derived from genetic modification; or "genetically modified (name of food)" or "contains genetically modified (name of ingredient)".

10Exemptions
The following foods are exempt from the provisions of sections 8 and 9:
(a)food produced with the help of GM enzymes:
(b)takeaway foods and restaurant meals.

11Animal Feed
(1)All genetically modified feed, or feed containing an ingredient derived from genetic modification, must be labelled as such regardless of whether or not there is DNA or protein of GM origin in the final product.

(2)The label or associated descriptive material required by subsection (1) must contain the words "derived from genetic modification" in conjunction with the name of the food, or in association with any specific ingredients derived from genetic modification, or "genetically modified (name of feed)" or contains "genetically modified (name of ingredient)".

12Adventitious Contamination
(1)Food or feed which is contaminated by less than 0.5 % of the product by adventitious GM DNA or protein that is approved by Food Standards Australia New Zealand is exempt from labelling, as long as operators can demonstrate that they have used all appropriate steps to avoid the presence of adventitious contamination.

(2)Food or feed, which is contaminated by detectable levels of GM DNA or protein that is not approved by Food Standards Australia New Zealand, must be labelled as containing GM material.

13Traceability
(1)The Governor-General, by Order in Council on the advice of the Minister for Food Safety, must make regulations prescribing a comprehensive traceability system for all foods and feeds containing GM material or derived from GM processes that ensures the ability to trace the food or feed throughout the production and distribution system.

(2)The regulations made under subsection (1) must include, but are not limited to requirements that —
(a)operators must ensure that information identifying GM material or GM-derived material in food and feed is transmitted with that material:
(b)operators must have in place systems and procedures to allow the identification of the person from whom and to whom the products referred to in sections 8, 9, and 11(1) have been made available:
(c)operators must retain the information specified in the regulations made under subsection (1) for a period of 5 years from each transaction, and make it available to competent authorities on demand:
(d)operators delivering food to the ultimate consumer are exempted from paragraphs (b) and (c).

(3)For the purposes of subsection 2(c), competent authorities means a department or other public organisation, appointed by the Minister for Food Safety for the purposes of this Act.

(4)The Minister for Food Safety must implement a monitoring plan in order to trace and identify any direct or indirect, immediate, delayed or unforeseen effects on human health or the environment of GM food or feed or both after it has been placed on the market.

PART 3
Country Of Origin Labelling

14Packaged Food
(1)All packaged foods placed on the market in New Zealand must have a label statement that identifies the country in which the food was grown or produced.
(2)If any of the ingredients of the food does not originate in the country in which the food was packed for retail sale, the label must carry a statement —
(a)identifying the country or countries of origin of the ingredients of the food; or
(b)to the effect that the food is made from ingredients imported into that country or from local and imported ingredients, as the case requires.

15Unpackaged Food
All unpackaged foods, including bulk foods, placed on the market in New Zealand must have a statement that identifies the country in which the food was produced clearly displayed in connection with the retail display of the food.

16Exemptions
Food items exempt from the provisions of sections 14 and 15 are —
(a)food additives:
(b)non-processed fish, meat, fruit, vegetables, nuts, and seeds grown in New Zealand.

PART 4
Labelling For Method Of Production

17Labelling Of Eggs For Method Of Production
(1)All eggs must carry labels on their packaging at point of sale stating whether they are free range, barn raised or are Eggs from caged hens.

(2)Labelling required by subsection (1) must be clear and readable.

18Labelling Of Seafood For Method Of Production
(1)All seafood must carry labels on its packaging at point of sale stating whether it is wild-caught or farmed.

(2)Labelling required by subsection (1) must be clear and readable

PART 5
Residue Information

19Data On Residues and Contaminants
All information collected by any department, Crown entity or State enterprise, or required to be collected by any department, Crown entity or State enterprise, on residues or contaminants in food of pesticides, heavy metals industrial chemicals or by-products, and veterinary medicines or products, or any other contaminant must be made available to members of the public, on a relevant government department website.