Appendix Two Appointment of Territorial Authority EHOs as - Simple by Levone


									          28 April 2008                    Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

Food Act Officer Appointment Procedure for Territorial
Authority VIP Participants

1       Purpose
The purpose of this procedure is to ensure that Territorial Authorities participating in the Voluntary
Implementation Programme are aware of:

     the process for recommending employees wanting to be appointed as Food Act Officers, and

     the minimum competency requirements for appointment as Food Act Officers.

2       Definitions and Abbreviations
In this procedure the following words and abbreviations have the following meanings:


The Food Act 1981


A person who applies to be appointed as a Food Act Officer

Appointing Authority
The Director General of NZFSA or his lawful delegate who has the authority to appoint Food Act Officers

Instrument of Appointment
The instrument in which an appointing authority appoints a person as a Food Act Officer and authorises that
person to exercise the statutory powers and functions conferred on a Food Act Officer.

Environment Health Officer (EHO)

An Environmental Health Officer within the meaning of the Health Act 1956

Environmental/Regulatory Manager
A senior manager employed by the Territorial Authority who is responsible for the management of the
Applicant and who is responsible for signing the letter of suitability to the appointing authority recommending
the applicant is suitable to be appointed an officer.

Food Act Officer (FAO)
An officer for the time being appointed under section 7 of the Act

        28 April 2008                     Food Act Officer Appointment Procedure for Territorial Authority VIP Participants


Hazard Analysis Critical Control Point


New Zealand Food Safety Authority

Territorial Authority (TA)

A territorial authority within the meaning of the Local Government Act 2002.


Voluntary Implementation Programme

3     Introduction
Section 7 of the Act provides the Director General of NZFSA with the power to appoint (among others)
employees of TAs as FAOs. When FAOs are appointed they are provided with various powers. These
procedures relate to the appointment of employees of TAs during VIP. Appointments made under this
procedure will expire either after a period of 3 years from the date of appointment or be dealt with in
accordance with the transitional provisions of the new Food Act, whichever comes first.

NZFSA has established minimum competency criteria for FAOs that must be met before an appointment will
be granted. Details of the required competency are outlined below.

Appointments are associated with the TA through which an Applicant‟s application is made. However, FAOs
may use their powers throughout New Zealand, provided the FAO is acting with the authority of their TA.

The contact point for all appointment matters is the following:

        Food Service, Sale and Import Unit
        Approvals and ACVM Group
        New Zealand Food Safety Authority
        P O Box 2835


        Attention Stephen Bell
        Programme Manager (Food Service Sale & Import)

         28 April 2008                    Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

4       Procedures

4.1 Appointment Criteria
NZFSA has the discretion to only appoint applicants who it considers have the necessary attributes required
to appropriately carry out FAO powers. In order to decide who to appoint NZFSA has developed the
following criteria which applicants need to meet:

   general appointment criteria; and

   competency appointment criteria.

4.1.1     General Appointment Criteria

Applicants must meet the following general appointment criteria:

   the Applicant must only be appointed if they will need to exercise FAO powers in the normal course of
    their employment with the TA with which they are employed,

   the Applicant must not have been convicted of what NZFSA considers to be a serious criminal offence.
    In considering whether an offence is a „serious criminal offence‟ NZFSA will take into account the time
    that has lapsed since the offence was committed and the seriousness of the offence. Generally, NZFSA
    will consider dishonesty offences to be „serious criminal offences‟. Subject to the Criminal Records
    (Clean Slate) Act 2004, all applicants will be required to disclose any criminal convictions. The disclosure
    will need to be obtained from the New Zealand Police in the form of a police vetting check and be
    attached to the application form. Applicants who have been continuously employed by one or more TA
    as an EHO for 5 or more years and have not been convicted of an offence that would disqualify them
    from appointment as a FAO during that time will not be required to disclose their criminal convictions,

   the Applicant must be conversant with the requirements and the limitations on the exercise of the
    relevant statutory powers, the significance of the New Zealand Bill of Rights Act 1990, and relevant
    NZFSA operating policies.

4.1.2     Competency Appointment Criteria

An Applicant must be competent in all areas of the food regulatory system that are applicable to the TA.

An Applicant must meet the following competency appointment criteria in order to be appointed as a FAO.
These criteria will be covered in the training NZFSA will provide for the TAs which elect to be involved in VIP:

          28 April 2008                     Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

   the Applicant must have a relevant tertiary qualification, for example, a qualification in a science, food,
    environmental health, health science or public health discipline, or alternatively provide evidence of
    sufficient training and practical experience to achieve the same outcome, and

   the Applicant must have a HACCP Qualification, or have completed HACCP training as part of a tertiary
    qualification, or have successfully completed NZFSA HACCP training for the VIP, and

   the Applicant‟s Environmental/Regulatory Manager must confirm that the Applicant has received training
    in, and been assessed as competent in, the areas as detailed below. It is expected that a first time
    Applicant will have at least 6 months on-the-job training in the area of food regulation prior to submitting
    an application.

Work area/function        Expectations

General                   Aware of legislative powers/ responsibilities and when/how these should be

                          Ability to gain quick and easy access to the TA Toolkit

                          Competent in relevant aspects of Exemption database as it applies to the

Food complaints           Familiarity with the appropriate TA Toolkit Sections on Food Complaints

                          Competent in recording complaints

                          Competent in investigating a variety of food complaints (hygiene, foreign
                          body, spoilage)

                          Competent in reporting the findings of their investigations

Food recalls              These will be co-ordinated directly by NZFSA where required. In the event
                          of the initiation of Recall being required by a TA - FAO please contact
                          NZFSA, Compliance and Investigation Group (Attention Janice Attrill) on 04
                          894 2662

Premises                  Familiarity with the Operational Response and Investigations section of the
investigations            TA Toolkit

                          Confident and competent in undertaking premises investigation

                          Aware of legislative powers/ responsibilities and when/how these should be

                          Keep NZFSA CIG team informed of investigations and seek advice from the
                          CIG team where premises closure or product seize enforcement are

Sampling                  For VIP it is not anticipated that Statutory Food Sampling will be required to
                          be undertaken as part of VIP. If sampling is needed contact NZFSA –
                          Compliance and Investigation Group (Attention John Gibson) on 03 332 1394

        28 April 2008                        Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

Prosecution                Familiarity with the TA Toolkit, Section 17-Legal Section

                           Familiar with the process of developing a prosecution file, including note

                           Ensure that NZFSA CIG team are involved and aware of any prosecution
                           activity prior to actioning

Civil emergencies          Not applicable for VIP

Assessment and             Familiarity with the TA Toolkit section on processing exemptions and the TA
Approval of                guidelines for exemption of premises
Template Based
(OTP-FCP) Food             Understanding of requirements with respect to Regulation 5(7) of the Food
Safety Programmes,         Hygiene Regulations 1974

(FSP)                      Familiar with NZFSA exemption database as it applies to the TA

                           Familiar with the exemption process

                           Able to undertake, assess and process an audit report

                           Familiar with the relevant contents of the NZFSA website

Labelling                  Understanding of the legislation that applies to the labelling of Food

                           Familiarity with the Australia New Zealand Food Standards Code Part 1.2
                           and with the TA Toolkit

                           Competent in assessing food labels for basic labelling requirements - Name
                           of Food, Lot Id, Name and Address of Supplier, ingredients listing, presence
                           of a Nutrition Information Panel, labelling must be in the English language

                           Familiarity with accessing FSANZ and NZFSA websites, NZFSA labelling
                           fact sheets and guidance material

Imported foods             FAO‟s will refer any Imported Food Issues to their Local Public Health Unit
                           for investigation – therefore competency in this area is not required for VIP

4.2 Process for FAO appointment
The Applicant and their Environmental/Regulatory Manager need to complete the application form
(Attachment 1).

   The full legal name of the Applicant is required – the Applicant should complete this clearly to ensure
    spelling is correct.

   As part of the completion of this form the Environmental/Regulatory Manager must attest that the
    Applicant meets the minimum competency requirements as specified by NZFSA.

        28 April 2008                     Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

   The Applicant must provide a police vetting check that has been carried out within the preceding 12
    months of making an application for appointment unless they have been continuously employed for 5
    years as an EHO with one or more TAs in New Zealand and have not been convicted of an offence that
    would disqualify them from appointment as a FAO during that time.

   The Applicant must provide the above forms and a passport photograph (see Appendix 2 for photograph
    requirements) to the Food Service Sale and Import Unit, Approvals and ACVM Group, New Zealand
    Food Safety Authority, PO Box 2838 Wellington. Email:

4.3 Process for Obtaining Replacement Appointment Documentation or
      Appointment Card
The TA (Environmental/Regulatory Manager) is required to provide a letter to NZFSA explaining the reason
for requiring replacement appointment documentation or a replacement appointment card.

   Where replacement is required due to damage to the documentation or card, the damaged original must
    be returned to NZFSA.

   Where replacement is required due to lost documentation or card, the letter must outline how the loss

Where the appointment card requires replacement, a replacement passport photograph must also be
provided in accordance with Appendix 2.

4.4 TA Obligations
It is the TA‟s responsibility to confirm the Applicant meets the minimum requirements stipulated by legislation
and as required by NZFSA.

The TA must have an appropriate system in place to ensure that only suitable persons are put forward as

The application shall include sufficient evidence that the Applicant meets the general appointment criteria
(given in 4.1) and the relevant performance criteria and technical standards. If the Applicant has attended the
NZFSA training course, the certificate of attendance and competency results are sufficient to show that the
criteria has been met.

A complete record of the application and appointment must be kept by the TA for the duration of that FAOs

The TA must ensure that there is a programme in place to prevent the misuse of appointments and
identification cards, where issued, by employees and former employees.

        28 April 2008                        Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

The TA must instruct FAOs in their employ to carry their appointment card with them when exercising the
FAO powers to which they have been appointed and the FAO shall produce it on demand.

The TA must notify NZFSA in writing if any change is required to the appointment, for example a change of
name due to marriage or a deed poll name change.

If the Applicant resigns or moves to another organisation the TA must notify NZFSA in writing of the
resignation and enclose the original appointment card within 5 working days of the employee‟s departure.

The TA must notify NZFSA, in writing, and in a timely manner, of any matter which may affect the suitability
or competence of a FAO in their employ as specified in paragraph 4.4.1.

The TA must return all revoked appointment cards to NZFSA Approvals and ACVM Group within a
reasonable time.

4.4.1        Suspension and Revocation of Appointments

An appointment is automatically revoked if the FAO‟s employment with the TA with which he or she is
employed ends. This is a condition recorded on every instrument of appointment.

NZFSA may revoke a FAO‟s appointment if:

        a.     there is a change in the FAO‟s employment conditions or duties or functions meaning they will
               no longer need to exercise their FAO powers, or

        b.     the FAO exercises FAO powers outside those conferred by the scope of their appointment, or

        c.     the FAO exercises his or her FAO powers without the TA‟s authority, i.e. outside the course of
               his/her employment, or

        d.     the FAO does not exercise or omits to exercise his or her FAO powers in a fair, reasonable or
               uniform manner, or

        e.     where a FAO exercises any FAO power in a manner that does not accord with any properly
               given directions, or

        f.     it is discovered a serious conviction is not declared on the application for a certificate of
               appointment (that is not able to be concealed under the Criminal Records (Clean Slate) Act
               2004, or

        g.     a FAO supplies a false name, or false or misleading information, on the application for
               appointment, or

        h.     a FAO is convicted of an offence after their appointment, or

          28 April 2008                     Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

          i.   the TA with which the person is employed has not ensured that the FAO has maintained a
               sufficient level of competency to reliably perform their FAO powers.

If NZFSA considers it necessary, a FAO‟s appointment can be suspended while an allegation of any or all of
the matters referred to in (a) – (i) above is investigated. On completion of the investigation, the FAO‟s
appointment will either be reinstated or revoked, depending on the outcome of the investigation.

Written notice of the suspension, reinstatement or revocation of a FAO‟s appointment will be given by
NZFSA to the FAO concerned and to their Environmental/Regulatory Manager.

All revoked appointment cards must be returned to the NZFSA Approvals and ACVM Group, PO Box 2835
Wellington, within a reasonable time.

4.5 Processing of Applications

For standard applications NZFSA allows for a 5 working day turnaround from receipt of an application and all
information for processing, before returning completed appointments to the TA unless further information is
required from the relevant TA Environmental/Regulatory Manager or Applicant.

If NZFSA is unable to meet this turnaround time then the Applicant will be advised within the 5 working day

Appointment Cards are sent directly to the Applicant using New Zealand Post “Track and Trace”.

5     Attachments
Attachment 1 – TA - Food Act Officer Application for Appointment

          Appendix 1 – Consent to Disclosure of Information by Police to NZFSA

          Appendix 2 - Consent to Disclosure of Information by TA to NZFSA.

          Appendix 3 – Passport Photograph Requirements

           28 April 2008                              Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

                                                                                                              New Zealand Food Safety Authority
                                                                                                                       Approvals & ACVM Group
                                                                                                                                    South Tower
                                                                                                                             68-86 Jervois Quay
                                                                                                                        PO Box 2835, Wellington
                                                                                                               ph: 04 894 2500 fax: 04 894 2566

Application Form FCP6TA
Appointment of Food Act Officer

Individuals may apply to the Director-General of the New Zealand Food Safety Authority for appointment as a Food Officer under
section 7 of the Food Act 1981.

Send the completed application form together with all other required documentation to the New Zealand Food Safety Authority, Attention
Programme Manager (Food Service, Sale and Imports) at the above address.

If there are any changes to the details provided in this application subsequent to appointment, you must inform the New Zealand Food
Safety Authority (NZFSA), Approvals & ACVM Group, in writing.

Refer Privacy Act notice at the end of the form regarding the collection of personal information on individuals.

1. Applicant Details

Full name of applicant::

Territorial Authority :

2. Address and Contact Details of Application:

Street Address (for service):                                                               Phone:

Postal Address:

                                                                                            [ ] tick to receive electronic information

3. Information on Other Appointments held, or applied for, with NZFSA (tick those that apply):

[ ] FSP Auditor of NZFSA templates for VIP                               [ ] FSP Auditor (Custom Food Safety Programmes)

[ ] MP Verifier/Evaluator under the Animal Products Act 1999             [ ] WSMP Verifier under the Wine Act 2003

[ ] Other (please specify):

4. Suitability of Candidate (experience, competence, qualifications, training) (tick those that apply):

[ ] Relevant Tertiary Qualification (please attach details of qualification, including relevant subjects/courses)

[ ] HACCP Qualification (provide details)___________________________________________________

[ ] Experience in food regulatory environment: _______years ___________months


[ ] Completed NZFSA training and assessed as competent in accordance with relevant NZFSA Criteria

[ ] Any other experience, qualifications or training to be considered in support of this application (please attach evidence/information to

             28 April 2008                              Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

5. Consent for Disclosure of Criminal Convictions

[ ] I have attached a completed Consent for Disclosure form as supplied by the Police and no older than 12 months from date issue


[ ] I have worked continuously as an Environmental Health Officer for five of more years and have no criminal convictions that would
disqualify me from appointment

6. Applicant Declaration (to be completed by applicant)

I confirm the details given on this form are correct:

Name:                                                                                 Date:


7. Employer Declaration (to be completed by Environmental/Regulatory Manager of the TA)

I confirm that I am satisfied the applicant has the relevant qualifications and skills for the position and undertake to ensure that the
competencies are maintained.

Name:                                                                                 Date:

Designation:                                                                          Signature:

8. ID Photo

Please attach a verified photograph with a light background to your application. See Appendix 2 for photo requirements.
Please also attach a jpg file of your photograph to an email and send to at the same time as you send your
postal application. The file must be clearly named to identify the applicant (eg, surname_firstname_date of birth.jpg). Write „Application
for Food Act Officer‟ in the subject line along with your full name.

9. Final Checklist

Have you:

    read and understood this form and any associated guidance document?
    filled this form in completely and legibly?
    provided the photo requested?
    read and signed the Applicant Declaration (section 6)?
    obtained the declaration from your employer in section 7?
    provided Police Check information if required
    provided documents that illustrate competency against the FAO criteria.

Collection of Personal Information

Pursuant to Information Privacy Principle 3 of the Privacy Act 1993 we advise that:
1.   This information is being collected for the purpose of appointment of a Food Act Officer under the Food Act 1981; and
2.   The recipient of this information, which is also the agency that will collect and hold the information, is the New Zealand Food Safety
     Authority, P O Box 2835, Wellington; and the details will not be made public
3.   (If the details are not published) explain how details will be held; and
4.   The supply of this information is mandatory; and
5.   Failure to provide the requested information is likely to result in the return of this application form to the applicant; and
6.   Under Information Privacy Principles 6 and 7 of the Privacy Act 1993, you have the right of access to, and correction of, any
     personal information, which you have provided.

              28 April 2008                                             Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

                                                                                                                                                                          Appendix 1

The Liaison Officer
Licensing and Vetting Service Centre
Office of the Commissioner
P O Box 3017

I, .................................................................................................................................................................................
                                     (First names)                                                                                       (Surname)

                                                                maiden name(s) or other name(s) used

Sex:          Male/Female (please circle)

Date of birth:                                                                                    Place of birth:


Residential street address:

New Zealand Drivers Licence Number:

I hereby consent to the disclosure by the New Zealand Police of any information they may have pursuant to this
application, to the New Zealand Food Safety Authority . I understand that any record of criminal convictions I might have
will automatically be concealed if I meet the eligibility criteria stipulated in section 7 of the Criminal Records (Clean Slate)
Act 2004.

Signed:                                                                                           Date:

                                                         COMMENTS OF NEW ZEALAND POLICE

Please send completed disclosure to (insert applicant name and address here):

To replace with the name of the Territorial Authority if submitted by the Territorial Authority.

             28 April 2008                                        Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

                                                                                                                                                           Appendix 2


I, .................................................................................................................................................................
                                 (First names)                                                                              (Surname)

Hereby consent to the disclosure by my employer ..................................................... (name of organisation)
of any information (including any Police Licensing and Vetting Service information provided to my employer
within the last twelve months) that my employer may have that is relevant to the application being made to
the New Zealand Food Safety Authority.

Signed:                                                                                  Date:

Please send this form and relevant information (including Police Check) to:

             Personal: In confidence
             Steven Bell
             Programme Manager (Food Service, Sale and Imports)
             Approvals & ACVM Group
             New Zealand Food Safety Authority
             P O Box 2835

        28 April 2008                      Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

                                                                                                                Appendix 3

Passport Photograph Requirements
Two photographs are required a standard photograph (see below) to be sent with the paper application, and
a .jpg file, to be emailed to NZFSA.

Photographs must be:

   a full-front view of the face, head and shoulders, looking straight at the camera with eyes open, and
    clearly visible, and head straight

   without hat, head band or head covering (unless worn for religious or medical reasons, and in all cases
    facial features from bottom of chin to top of forehead and both edges of face must be clearly shown). No
    hair across face or eyes

   without sunglasses. Tinted prescription glasses may be worn as long as eyes are still visible. No light
    reflection on glasses. Thick/heavy rimmed frames must be removed

   a true image and not altered in any way

   clear, sharp and in focus with minimum reflective light on face. No red-eye

   on a plain, light coloured background (not white or dark) and no background shadow

   of high quality colour showing natural skin tones (black and white photographs are not acceptable).

Standard photographs:

   photographs must be provided on high quality photographic paper of high resolution, instant colour film
    or low gloss coated thermal papers providing the printers are high resolution printing systems

   photos should be taken or printed such that the head and shoulders occupy a space no larger than
    25mm width x 35mm height

   the photograph must be endorsed on the back by the employer that it is of the applicant.

Photographs supplied digitally:

   photographs that are supplied digitally (via e-mail to, or on a CD or memory
    stick supplied with the application form) must be clearly named to identify the Applicant with the file
    name: “surname_firstname_date of birth jpg”

        28 April 2008                    Food Act Officer Appointment Procedure for Territorial Authority VIP Participants

   in general, digital photos taken to meet New Zealand passport requirements will be suitable for inclusion
    on appointment cards

   if the photo has been scanned in order to be sent via email, the photo must be colour scanned, to a high
    resolution (approximately 600dpi). The file naming method above must be used.

Verification of photographs:

   the Environmental/Regulatory Manager must verify that they have viewed the photograph provided of the
    Applicant and that the photograph represents an accurate likeness. This can be done by signing the
    reverse of a printed photograph and attaching it to the application. This photograph will then be matched
    to the required „.jpg‟ image.


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