Proposed Standard for 
Supplemented Food 
NZFSA Public Discussion Paper; no. 05/08 
{July 2008} 
[Online] 
ISBN number 978-0-478-32230-9 
ISSN number 1177-7478[Print] 
ISBN number 978-0-478-32229-3 
ISSN number 1174-961X  
   
 
 
 
   Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 1 {July 2008} 
  
 
 
 
 
IMPORTANT DISCLAIMER  
 
Every effort has been made to ensure the information in this report is accurate. 
 
NZFSA does not accept any responsibility or liability whatso ever for any error of fact, omission, interpretation or 
opinion that may be present, however it may have occurred. 
  
 
Further copies 
 
Requests for further copies  should be directed to:   
New Zealand Food Safety Authority 
P O Box 2835 
WELLINGTON 
Telephone : (04) 894-2500 
Fax : (04) 894-2501 
 
Website 
A copy of this document can be found at  www.nzfsa.govt.nz   Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 2 {July 2008} 
 Submissions  
NZFSA seeks submissions from all interested parties on any technical aspect of the proposed 
Supplemented Food Standard 
The following points may be of assistance in preparing comments: 
• Wherever possible, comment should be specific to a particular section of the document.  All major 
sections are numbered and these numbers should be used to link comments to the document. 
• Omissions should be clearly and separately indicated. 
• Comments should be to the point and, where possi ble, reasons and data to support comment are 
requested. 
• The use of examples to illustrate  particular points is encouraged. 
• As a number of copies may be made of your co mments, please use good quality type, please 
make sure the comments are clearly hand-written in black or blue ink. 
Please include the following information in your submission: 
• The title of the discussion document; 
• Your name and title (if applicable); 
• Your organisation’s name (if applicable); 
• Your address; 
• The number(s) of the sections you are commenting on. 
Please submit your response by 5:00pm on 25 September 2008 
Your comments should be sent to: 
Policy Group 
New Zealand Food Safety Authority 
PO Box 2835, Wellington Fax: (04) 894 2583 Email: policy@nzfsa.govt.nz
  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 3 {July 2008} 
  
Official Information Act notice 
The Official Information Act 1982 (OIA) states that information is to be made available unless there are 
grounds for withholding it.  The grounds for wit hholding information are outlined in the OIA.  
Submitters may wish to indicate any  grounds for withholding information contained in their submission.  
Reasons for withholding information could include that information is commercially sensitive or that the 
submitters wish personal information such as name s or contact details to be withheld.  NZFSA will 
take such indications into account when determini ng whether or not to release information.  Any 
decision to withhold information requested under the OIA may be reviewed by the Ombudsman.  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 4 {July 2008} 
 Table of Contents 
1 Introduction................................................................................................... 5  
2 Background................................................................................................... 6  
2.1 The Supplemented Fo od Standard ...................................................... 6  
3 Problem Defi nition........................................................................................ 8  
4 Proposal ......................................................................................................... 9  
4.1 Supplemented F ood Standar d ............................................................. 9  
4.1.1 Application.................................................................................. 9  
4.1.2 Interpreta tion .............................................................................. 9  
4.1.3 Meaning of suppl emented fo od.................................................. 9  
4.1.4 Certain aspects of the Code apply...........................................10  
4.1.5 Restrictions on claims relating to supplemented foods............10  
4.1.6 Restrictions on claims with re spect to substances content......10  
4.1.7 Restriction on including in toxicating substances......................11  
4.1.8 Other substances that may be  added with restrictions ............11  
4.1.9 Additional prohibit ed subst ances .............................................11  
4.1.10  Restrictions on the addition of vitamins and minerals..............11  
4.2 Dietary Supplements Regulations  1985............................................. 12  
4.3 Food-medicine interfac e..................................................................... 13  
5 Legislative Framework............................................................................... 14  
6 Implementation, Review  and Enforc ement .............................................. 16  
6.1 Transitional  period.............................................................................. 16  
6.2 Review................................................................................................ 16  
6.3 Enforcem ent ....................................................................................... 17  
  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 5 {July 2008} 
 1 Introduction 
The purpose of this discussion paper is to outline the technical detail proposed as part of the New 
Zealand Food (Supplemented Food) Standard (a ttached as Appendix 1). The Standard was 
developed following submissions received on the consultation document, Changes to the Regulation 
of Dietary Supplements,  released by NZFSA in February 2007. 
The proposals in this document do not revisit ear lier options discussed during the first round of 
consultation on changes to the regulation of dietar y supplements in 2004, but provide the technical 
detail relating to the preferred opt ion outlined in February 2007.  
Comments are sought on the detail of the draft standard.  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 6 {July 2008} 
  
2 Background 
The Dietary Supplements Regulations  (1985) have been under review for some time. In 2004 NZFSA 
released a discussion document proposing that the regulation of food-type and therapeutic-type 
dietary supplements be separated. The 2004 proposal was predicated on the establishment of the 
joint Australia and New Zealand therapeutic product regulatory scheme (for therapeutic-type dietary 
supplements) and the development of permissions in the Australia New Zealand Food Standards 
Code (the Code) for food-type dietary supplement s.  Although submissions to the 2004 proposals 
were supportive, neither of the two pre-requi sites occurred and the proposal could not be 
implemented.   
In February 2007 a further document was released pr oposing the regulatory separation of food-type 
and therapeutic-type dietary supplements. Recognising that there were difficulties associated with the 
pre-requisites for the 2004 proposal, the 2007 doc ument provided for regulatory separation by 
promulgating separate New Zealand regulations for food-type and retaining the Dietary Supplements 
Regulations, amended to exclude food-type supplem ents and to require therapeutic-type dietary 
supplements to be registered on a dat abase (to be held by Medsafe).  
2.1 The Supplemented Food Standard 
After considering submissions, Government agreed t hat food-type dietary su pplements (supplemented 
foods) would be regulated in New Zealand through the promulgation of a food standard, the New 
Zealand Food (Supplemented Food) Standard (the  Supplemented Food Standard). The long term 
objective is that these products will be regulat ed under the Code. The proposed Supplemented Food 
Standard would, in the short to medium term, provide for the regulation of supplemented food products 
pending the development of the necessary permissions in the Code.   
The objectives of the proposed Supplemented Fo od Standard are to provide adequate regulatory 
coverage for supplemented food in order to: 
• protect public health and safety while maintaining consumer choice; 
• support economic growth  (the trade in supplemented food is  estimated at $30 million annually); 
and  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 7 {July 2008} 
 • maintain an existing right for New Zealand consum ers, manufacturers, impo rters and exporters to 
access and supply these products. 
• align supplemented food with the requirements of  the Code to the maximum extent possible 
pending the development of appropriate permissions in  the Code. This is consistent with the 
objectives of the Single Economic Market (with Australia) and the Trans Tasman Mutual 
Recognition Arrangement. The proposed Standard will al so facilitate the transfer of products to 
regulation under the Code when appropriate permissions become available; and 
• prevent the addition of substanc es to food that have a function  of and/or have a purpose of 
intoxication. 
Therapeutic-type dietary supplements will remain u nder the existing Dietary Supplements Regulations 
1985, which are proposed to be amended to exclude supplemented food and to require sponsors 
(those responsible for putting a product on the market) of therapeutic-type dietary supplement 
products to register their products on a database operated by Medsafe.   
There would be no changes to the requirements plac ed on the therapeutic-type dietary supplements 
themselves. However, a permission increasing the allowable level of folic acid in dietary supplement 
tablets is proposed to be added for products that are made under standards of Good Manufacturing 
Practice. The purpose of this additional permission is to align the regulation of folic acid supplements 
with the policy providing for the mandatory fortificat ion of bread with folic acid, recognising that the 
current 300mcg permission is too restrictive to meet the objective of reducing the prevalence of neural 
tube defects in pregnancy.  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 8 {July 2008} 
  
3 Problem Definition 
The problems associated with the regulation of di etary supplements in New Zealand were canvassed 
in the February 2007 discussion document Proposed Changes to the Regulation of Dietary 
Supplements  (available at www.nzfsa.govt.nz/consultation ). In summary, the range of dietary 
supplements, which originally comprised substances  derived from food in tablet, capsule or powder 
form, has expanded to include highly fortified foods,  such as muesli bars and drinks. Many dietary 
supplements are also now presented as having a t herapeutic use as well as a nutritional effect.  
The Dietary Supplements Regulat ions are empowered under the Food Act 1981. When the 
Regulations were promulgated, administration of the Food Act was the responsibility of the Ministry of 
Health. The New Zealand Food Safety Authority (NZFSA), the core business of which is to promote 
and ensure food safety, became responsible for the administration of the Food Act and its regulations 
in 2002. The legislation administered by NZFSA does not provide coverage for products intended for 
therapeutic purposes and NZFSA does not have t he capacity or mandate to provide effective 
regulatory coverage for dietary supplement s presented as therapeutic products. 
In addition to the issues associated with the expanding  range of dietary supplements, the regulation of 
food-type dietary supplements in New Zealand has been subject to review under the joint food 
regulation system since the Agreement between the Government of Australia and the Government of 
New Zealand Concerning a Joint Food Standards System  (the Food Treaty) was signed in 1996. It 
has always been intended that these products w ould be regulated under a joint standard in the Code 
but currently there is a vast difference betwe en the requirements of the Dietary Supplements 
Regulations and those of the Code.  These differences generally relate to the permissible levels of 
vitamins and minerals, the use of fractionated or functional foods, and the addition of other 
substances.  Common examples of supplemented fo ods include sports foods and drinks.  Alignment 
between the two sets of requirements will greatly  enhance the transition of food-type dietary 
supplements into the Code when suitable permissions become available.  
  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 9 {July 2008} 
  
4 Proposal 
4.1 Supplemented Food Standard 
This discussion document only deals with the future  regulation of food-type dietary supplements. As 
noted in section 2.1 above, thera peutic-type dietary supplements will re main under the existing Dietary 
Supplements Regulations pending further decisio ns on the regulation of these products. 
The New Zealand (Supplemented Food) Standard (the  Supplemented Food Stand ard) describes the 
intended scope and the labelling and composition requi rements that will apply to supplemented foods. 
Key sections of the Standard are described below. 
4.1.1 Application 
Part 1 of the Standard sets out the new requirement s and permissions while Part 2 carries over the 
existing requirements and permissions of the Dietar y Supplements Regulations 1985 as transitional 
provisions. 
The transitional provisions will allow products to continue to be sold under the existing requirements 
for a 24 month period from the date the Standard is issued.  This reduces t he regulatory impact by 
giving manufacturers time to plan any necessary changes to their products.  Manufacturers can 
choose to comply with Part 1 before the close of the 24 month transition period, but must comply with 
Part 1 or Part 2: it will not be possible to ‘mix and match’ requirements and permissions from both 
parts. After the 24 month transitional period Part 2 will be revoked. 
4.1.2 Interpretation 
Terms that are specific to the St andard are defined in this section.  Other terms that are common to 
both the Standard and the Code conform to the interpretation set out in the Code. 
4.1.3 Meaning of supplemented food 
The definition of ‘supplemented food’ outlines the diffe rence between ordinary foods that are regulated 
under the Code and the fortified foods that are inte nded to be regulated under the Standard.  The  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 10 {July 2008} 
 definition also describes those pr oducts that are outside the scope of the Standard. Such products 
include therapeutic-type dietary supplements (to be regulated under the amended Dietary 
Supplements Regulations), medicines, and food for which there is a food standard in the Code. 
4.1.4 Certain aspects of the Code apply 
There are 54 standards in  the Code that apply to New Zealand, of these 41 standards from the Code 
are referenced in the Supplemented Food Standard either in full or in part. These Standards relate to 
matters such as labelling, microbiological limits, co ntaminants, processing ai ds etc. Where there are 
exclusions to the adoption of the Code st andards, the exclusions are identified.  
The remaining 13 that have not been included are outside the policy intention and scope of the 
Standard including alcoholic beverages etc: Part 2.9, special purpose foods (infant formula etc); the 
addition of vitamins and minerals; novel foods; kava; and formulated caffeinated beverages. 
Any amendments to Code standards th at are referenced in Part 1 will apply on their gazettal (subject 
to whatever transitional arrangements concerning th e Code standards), whether such changes occur 
during the transitional period, or subs equent to the close of that period. 
4.1.5  Restrictions on claims relating to supplemented foods 
The existing provisions for advertising and claims from the Dietary Supplements Regulations are 
carried forward to both Parts 1 and 2 of the Supplem ented Food Standard.  If the proposed Health 
Claims Standard currently being developed by FSANZ is approved and included in the Code, it is 
intended that Part 1 of the S upplemented Food Standard will be amended to incorporate its 
provisions. 
4.1.6  Restrictions on claims with respect to substances content   
Many consumers rely on the label information to ma ke informed choices about the products they use 
to supplement their diet.  Inaccurate or false labelling can mislead consumers and present a health 
risk if consumers are relying on label information to balance their nutritional intake. 
Claims that a supplemented food contains an ingredi ent that is a good source of a vitamin or mineral 
should not be made unless that ingredient, vitami n or mineral is present in an adequate quantity 
(defined as 25 per cent of the Recommended Daily In take). For example, a claim that a supplemented 
food contains milk, and that milk is a good source of calcium, is not valid if there is very little milk 
present (and therefore calcium) in the final product.  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 11 {July 2008} 
 4.1.7 Restriction on includ ing intoxicating substances 
Supplemented foods are foods that are intended for use by the general population.  Allowing foods to 
be fortified to intoxicating effect would not meet the public health and safety objectives of standards 
issued under the Food Act 1981. 
4.1.8 Other substances that may be added with restrictions 
This section lists substances in additi on to those listed in Standard 1.4.4 Prohibited and Restricted 
Plants and Fungi  of the Code.  Currently there are three substances listed in the proposed Standard 
that could be used subject to ce rtain restrictions (such as mandatory warning labels): St Johns Wort, 
Glucosamine and Caffeine. These substances ha ve associated risks (allergens and contra-
indications) that need to be identified on a warning label.  
4.1.9 Additional prohibited substances 
Black Cohosh is listed as a prohibited substance in the proposal in addition to those substances listed 
in Standard 1.4.4.  If evidence comes to hand that rais es safety issues about other substances in the 
future, it is intended that the Standard would be am ended to add such substances to the restricted or 
prohibited list.  
4.1.10 Restrictions on the additi on of vitamins and minerals 
Just as there are potential health risks associat ed with inadequate levels of claimed substances, 
potential risks also exist in relation to the excess ive consumption of some vitamins or minerals 
(specified in the relevant table). This is a particular concern for supplemented food due to the higher 
concentration of substances present and the impact that the consumption of such products can have 
on the overall dietary intake.  
The proposed restriction of 50 per c ent of the upper levels (ULs) of t he specified vitamins and minerals 
is based on Codex Alimentarius guidelines and are generally accepted dietary safeguards. The 
restriction does not mitigate all of the risk as there will be some individuals and some younger 
population groups who risk intakes of vitami ns and minerals above the UL when consuming 
supplemented food. However, there will be appropri ate labelling of the products that identifies the 
addition of vitamins and minerals. Further it is not expected that younger populations will be large 
consumers of these food products.  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 12 {July 2008} 
 The Adequate Intakes (AIs), Recommended Daily Intakes (RDIs) and Upper Limits (ULs) used in this 
standard are based on those pub lished by the National Health and Medical Research Council 
(NHMRC) of Australia in 2005, “Nutrient Reference Values for Australia and New Zealand Including 
Recommended Dietary Intakes (2005)” found at http://www.moh.govt.nz/ moh.nsf/pagesmh/4678 . 
Amendments to the maximum amounts of vitamins and minerals in supplemented food products per 
maximum quantity per one day serving specified in Table 2 of the Standard w ill be made, taking the 
following criteria  into account: 
• ULs of vitamins and minerals established by sc ientific risk assessment based on generally 
accepted scientific data, taking into consider ation, as appropriate, the varying degrees of 
sensitivity of different consumer groups 
• the daily intake of vitamins and minerals from other dietary sources 
• the contribution of individual products to the ov erall diet of the population in general or of sub-
groups of the population. 
4.2 Dietary Supplements Regulations 1985 
As proposed in the February 2007 Discussion Docum ent, the Dietary Supplements Regulations will be 
administered by the Ministry of Health (Medsafe ) pending updated therapeutic  products legislation. 
The Regulations will be amended to exclude supplem ented foods from their coverage and to require 
the person(s) responsible for the entry onto the market of a th erapeutic-type dietary supplement to 
register their product or products on a databa se maintained by the Ministry of Health. 
There will also be an amendment to provide an incr ease in the permissible level of folic acid to 
500mcg for supplements that have been produced under  Good Manufacturing Practice (GMP). This 
additional permission is voluntary and the curr ent 300mcg permission will remain for products not 
made under GMP. 
While it is acknowledged that the amended Diet ary Supplements Regulations will be an interim 
arrangement, no decisions have yet been made as to t he long-term regulation of these products. Any 
proposals for the future regulation of therapeut ic-type dietary supplem ents will be consulted on 
separately to this proposal.  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 13 {July 2008} 
 4.3 Food-medicine interface 
Many dietary supplements sit at the interface betwe en foods and medicines. This interface area is 
most succinctly described by t he explanatory note to the Dietary Supplements Regulations which 
states:  
’These Regulations, in a sense, fill the gap between the Food Regulations 1984 and the 
Medicines Regulations 1984, in  that dietary supplements are not food or medicine in the 
ordinary sense of those words’.   
The current range of dietary supplements includes  distinctly food-type su pplements as well as the 
traditional therapeutic-type supplements presented in a medicinal dose form (pills, capsules etc). In 
addition, many of these therapeut ic-type supplements have become more sophisticated and are 
consumed for a therapeutic (as opposed to nutritional) effect. The distinction between the categories 
cannot be clearly defined for all cases; some produ cts require a case-by-case assessment. To assist 
regulators, industry, and consumers to determine th e likely regulatory category under which a product 
may be considered, guidelines have been developed that  identify characteristics that may position a 
product in one regulatory system or the other. The guidelines were included in the February 2007 
discussion document. In summary, the guidelines fo r assessing the appropriate regulatory system for 
products include an assessment of: 
• Form and presentation: how is  the consumer likely to perceive the product; is it in a 
pharmaceutical form (a pill or capsule); is it a li quid with measured doses; or is it in a traditional 
food form (a bottle of drink, a pre-mix drink, a muesli bar etc)? 
• Dose instructions: do the instructions say ‘take two, three times a day’; or does it have a serving 
instruction such as ‘sprinkle two spoons of produ ct x on your cereal to supplement your dietary 
needs’? 
• Traditional use: has the product been consumed as a food (tea, for example); or is it traditionally 
used for a therapeutic purpose at the level present ed in the final product (extracts of Echinacea, 
for example) 
• Therapeutic claims: noting that  therapeutic claims are not per mitted under the existing Dietary 
Supplements Regulations nor will be permitted unde r the proposed Supplemented Food Standard, 
is the product claimed to have a therapeutic use?  
The purpose in making it clear whether a product is a food or a therapeutic product is in line with the 
general purpose of food regulation to protect heal th and safety and ensure consumers have adequate 
information to make informed choices.  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 14 {July 2008} 
  
5 Legislative Framework 
The proposed Standard would be issued by the Mini ster for Food Safety under Section 11C of the 
Food Act 1981. The general obligation under the Food Act 1981 to sell, manufacture or import safe 
and suitable food applies to all food sold in New Zealand and will accordingly apply to food sold under 
the proposed Supplemented Food Standard. 
The proposed Standard will be a deemed regulati on for the purposes of the Regulations 
(Disallowance) Act 1989. 
Before the Minister may issue a standard under section 11C of the Food Act, the following 
preconditions must be met.  
In issuing any food standard, the Minister shall take into account the following: 
a. The need to protect public health 
b. The desirability of avoiding unnecessary restrictions on trade 
c. The desirability of maintaining consistenc y between New Zealand’s food standards and those 
applying internationally 
d. New Zealand’s obligations under any relevant  international treaty, agreement, convention, or 
protocol, and, in particular, under the Australia n-New Zealand Joint Food Standards Agreement 
e. Such other matters as the Minister considers appropriate. The Minister shall not issue any food standard unl ess the Minister is satisfied that appropriate 
consultation has been carried out with respect to the food standard, including (without limitation)— 
a. Adequate and appropriate notice of the int ention to issue the food standard; and 
b. A reasonable opportunity for interested persons to make submissions; and c. Adequate and appropriate considerat ion of any such submissions. 
Appendix 2 provides the detail on the criteria unde r section 11E and assesses the proposal against 
those criteria.  
The authority to incorporate standar ds from the Code is contained within section 8ZO of the Food Act. 
This section also describes NZFSA’s obligations in  ensuring access to the incorporated material is  Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 15 {July 2008} 
 provided. Accordingly, copies of the Code are held by NZFSA free for inspection or available at a 
reasonable cost. The Code is also available on the FSANZ website at 
http://www.foodstandards.govt.nz/t hecode/foodstandardscode.cfm .   Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 16 {July 2008} 
  
6 Implementation, Review and Enforcement 
6.1 Transitional period 
As many submissions in response to the Febr uary 2007 Discussion Document strongly supported a 
two year transition period, and as some submitters  wished to access the new standard as soon as 
possible, it is proposed that t he new Supplemented Food Standard be divided into two parts. Part 1 
will provide the new requirements and Part 2 will ma ke provision to retain  the existing Dietary 
Supplements Regulations requirements as they appl y to food-type supplements. Manufacturers can 
comply with either Part 1 or Part 2 (but not a mixture of both). Af ter two years, Part 2 will be revoked 
and it will be mandatory for supplemented food manufacturers to comply with Part 1. 
For manufacturers that elect to operate under Part  1 of the proposed Standard, any updates to the 
Code will apply to Part 1 of the Standard. 
6.2 Review 
There is a general prohibition under section 9 of the Food Act 1981 against packing for sale or selling food that is unsound or unfit for human consumption or is injurious to health or harmful. This general 
prohibition applies to the Standard regardless of any previous permission that may have been given 
for a substance. The provision also relates to a specif ic food safety incident i.e. it may be the result of 
a contamination event rather than the result of an inherent risk associated with that substance or food. 
Such events can be managed in the short term through the application of an emergency standard. 
Where new evidence becomes available regarding inhe rent safety issues associated with a food or 
substance, the Standard will be amended to incorp orate such substances in the table specifying 
Restricted and Prohibited Substances  to ensure that the risk management controls are current and are 
adequate to protect public health and safety. 
NZFSA operates a three-tier compliance monitoring system: complaint driven; targeted surveys; and 
compliance audits. During the first year of t he Standard, an implementati on survey will be conducted 
to assess the level of awareness with the requir ements of the new Standard.  The implementation 
survey will be followed by a compliance survey to be undertaken in the first year following the end of 
the transitional period.   Proposed Standard for Supplemented Food  
 
 
NZFSA Public Discussion Paper; no. 05/08 17 {July 2008} 
  
6.3 Enforcement 
The Supplemented Food Standard will be issued  under the Food Act 1981. The enforcement 
provisions of that Act will apply to those im porting, manufacturing and selling supplemented food 
products. The NZFSA enforcement principles were described in the 2007 discussion document. In 
summary these are to ensure peopl e take responsibility for the sa fe and suitable manufacture and 
sale of supplemented food; to encourage maximu m compliance; and to ensure that enforcement 
action is commensurate with the degree of serious ness and is applied consistently across all food 
sectors.