Food Safety Minister Kate Wilkinson is accusing opponents of the government's draft Food Bill, of scaremongering.

"Much of what they claim is untrue and causing many people unnecessary concern," says Kate.

She is referring to claims the Bill will prevent New Zealanders from growing their own food and trading it with neighbours and friends.

'That is simply not true - this Bill won't in any way affect people's right to grow food and to then exchange, sell or trade it,” says Kate.

'Small traders, such as those running roadside stalls or selling their own horticultural produce at markets, are generally classed as low risk and will not need to register; they will simply receive a free ‘food handler guidance' information pamphlet.

'Food grown at home for personal or family consumption, or given away to friends, is excluded from the measures in the Bill.”

But while Kate says the Food Bill will not prevent neighbours and communities from swapping or bartering food, barter itself is covered by the Bill.

The Food Bill will apply to food that is sold or bartered on a commercial basis.

The existing legislation, Food Act 1981, includes barter in the definition of sale.

If bartering was excluded from the new Food Bill it would be possible for some commercial food operations to avoid their regulatory responsibilities, says Kate.

The Minister is accusing the Bill's opponents of whipping up fears that small traders such as community gardens, food co-ops, heritage seed banks, farmers' markets, bake sales and roadside fruit and vegetable stalls will be caught up in costly red tape.

Charitable and community events, such as sausage sizzles, home bake sales, and other fundraising events may still occur without requiring registration, provided they are held no more than 20 times a year by a charity or an individual.

Organisers will be provided with access to 'food handler guidance' tips and advice on how to ensure food sold to others is safe to eat.

People who produce jams and pickles for school galas and fundraisers will not have to undertake any sort of registration, but commercial producers of jams and pickles will be subject to a national programme level and be required to register their operation and make occasional verifications at a frequency that reflects the level of risk.

'The Bill is designed to simplify 30-year-old food safety regulations and ultimately aims to reduce our high level of food-borne illness and corresponding economic cost,” says Kate.

'It's estimated food-borne illness caused a $162 million loss to the New Zealand economy in 2010.

'The current system is prescriptive and based on rules and inspections, which are often costly to food businesses. The new regime will create efficiencies for traders and improve food safety.”

The new regime will have three regulatory levels of safety based on risk, with those food businesses classed as high risk, such as restaurants or baby food manufacturers, having the highest level of requirements.

Businesses presenting a medium level risk, such as bakeries and pre-packaged food processors, will be subject to national programmes with those presenting low risk receiving food handler guidance.

"This is an important piece of legislation and I am conscious that Labour and the Greens have new Food Safety spokesmen,” says Kate.

'I am more than happy to meet with these parties to discuss the Bill and any concerns they have to ensure that it delivers what we all want - safer food and a reduction in illness, without increasing compliance costs to industry.

"The Bill is intended to modernise and enhance our domestic food safety regime - not over-regulate it.

'I encourage people to visit www.foodsafety.govt.nz to read what the Bill actually contains and not to listen to the scaremongering from some of the Bill's opponents.”

Changes have already occurred to the Bill as a result of public pressure.

For example propagation food seeds were unintentionally included in the Food Bill.

When it was brought to Kate Wilkinson's attention she directed an amendment to the definition of food to ensure propagation food seeds are not included.

The Ministry of Agriculture and Forestry director-general has powers under the Food Bill to exempt certain activities from all or any requirements of the Act.

The Food Bill will be enforced by food safety officers (FSOs), who will in reality be the staff of regional and territorial local authorities tasked with policing the Bill.

In reply to accusations they will be empowered to undertake armed raids without search warrants and with immunity from prosecution, Kate says there are very clear guidelines in the Food Bill for FSOs entering a premises with a search warrant.

The Food Bill only allows FSOs to access and enter the areas of premises where the food is being prepared.

There is no provision in the Bill for FSOs to be armed.

But section 275 does grant FSOs the power to undertake a search of food premises without a search warrant, and once there, they can seize food and close a business.

They are not completely immune from prosecution.

The principles and provisions of the Food Bill regarding immunity from criminal and civil liability are substantively the same as those provided for in the existing Food Act 1981.

FSOs are protected from civil or criminal liability for any act that the person does, or omits to do, if the act is part of their functions or duties under the Bill, or they are exercising their powers under those duties.

The FSOs must act in good faith and with reasonable cause. Failure to do so means they are no longer immune from prosecution and they can also be sued.

There are similar provisions in the Animal Products Act 1999, the Biosecurity Act 1993 and the Commerce Act 1986, among others.

The draft Bill has been through a full public consultation process and has been passed by Parliament's Primary Production Select Committee with cross-party support.

In general terms, the Bill applies to food for sale and food-related accessories.

The Bill defines food to mean anything that is used, capable of being used, or represented as being used for human consumption, whether raw, prepared, or partly prepared.

The Bill defines a food-related accessory to mean anything that is used, or represented for use, in or for the production, processing and handling, or sale, of food.

According to the Food Bill, food is anything that is used, capable of being used, or represented as being for use, for human consumption; including plants, live animals, and any ingredient or nutrient or other constituent of any food or drink, whether that ingredient or nutrient or other constituent is consumed or represented for consumption on its own by humans, or is used in the preparation of, or mixed with or added to, any food or drink; and anything that is or is intended to be mixed with or added to any food or drink; and chewing gum, and any ingredient of chewing gum, and anything that is or is intended to be mixed with or added to chewing gum; and anything that is declared by the Governor-General, by order in council made under section 25355, to be food for the purposes of the Act; but does not include tobacco, cosmetics, or any substances used only as medicines, controlled drugs or any restricted substances within the meaning of the Misuse of Drugs Amendment Act 2005.