Arrangement between the Health Products and Food Branch and the New Zealand Food Safety Authority on Food Safety, Health Product Safety, and Nutrition

Help on accessing alternative formats, such as Portable Document Format (PDF), Microsoft Word and PowerPoint (PPT) files, can be obtained in the alternate format help section.

The Health Products and Food Branch (HPFB) of Health Canada and the New Zealand Food Safety Authority (NZFSA), hereinafter referred to as the "Participants",

Considering that NZFSA administers all relevant food-related legislation in New Zealand and has responsibility for the protection of New Zealanders' health and safety and the facilitation of international market access,

Considering that NZFSA ensures that the food New Zealand produces, exports and imports is safe and suitable for domestic and international consumers, develops and implements standards, provides input into the development of joint Australian and New Zealand labelling and compositional standards, provides for food policy development and represents New Zealand at international food standards and food safety fora,

Considering that the Health Products and Food Branch's (HPFB) mandate is to take an integrated approach to managing the health-related risks and benefits of health products and food by minimizing health risk factors to Canadians while maximizing the safety provided by the regulatory system for health products and food and promoting conditions that enable Canadians to make healthy choices and providing information so that they can make informed decisions about their health.

Wishing to provide each other with support and cooperation in the protection of consumers' health and safety in carrying out their respective mandates, have come to the following understanding:

1. Cooperation Activities

The Participants will support the following activities as they relate to food safety, health product safety, public health and nutrition:

1. consultation and exchange of information and views on risk assessment and risk management;
2. consultation and exchange of information and views on risk communication;
3. collection, analysis and sharing of information;
4. sharing of expert networks;
5. facilitation of arrangements for greater dialogue and exchange through study tours and interchange of staff; and
6. any other activities in the relevant areas that the Participants jointly decide to support.

2. Interface Areas

1. The Participants will collaborate in areas where a close working relationship can provide benefits for the Participants in the carrying out of their respective mandates that would otherwise not be possible were each to operate in isolation. Such areas may include:
   1. Policy Development;
   2. Nutrition;
   3. Composition and Labelling;
   4. Science;
   5. Agricultural Compounds;
   6. Veterinary Medicine;
   7. Communications;
   8. International Fora; and
   9. Treaties.
2. Recognizing that each Participant has jurisdiction over specific products and activities, and might define them differently, the Participants intend for cooperation under this Arrangement to cover all areas overseen or regulated by, and common to, the Participants, including an expansion of scope by either Participant in the future.

3. Exchange of Confidential Information

1. The Participants will advise one another of the confidential status of the information at the time it is shared.
2. Where a Participant designates information shared with another Participant as confidential, the recipient of that confidential information will, to the extent possible within the applicable domestic laws of their country, prevent its disclosure to any third party. The Participants will promptly inform each other of any changes to laws, policies, or procedures that would affect their ability to prevent its disclosure.
3. Confidential information may be shared with or used by a Participant without the prior written consent of the other Participant. In the case of the initiative by a third party to obtain confidential information shared between the Participants, the Participants will promptly inform each other. However, information provided by one Participant to the other may be shared with that Participants' employees, agents or contractors who required the information solely for work purposes in respect of this Arrangement.
4. In the event of a court order or other legal requirement to disclose said information, all appropriate legal measures will be made in an effort to ensure that the information will be disclosed in a manner that protects the information from any subsequent disclosure.
5. This Arrangement does not compromise the regulatory authority of either Participant to carry out their respective responsibilities, nor does it create legally binding obligations on either Participant or between them to share information with each other.
6. The Participants intend for the requests for information to be made to designated officers responsible for the administration of this Arrangement within their own Agency or Branch. Unless otherwise notified in writing by one Participant to the other, the contact points for matters relating to the exchange of confidential information related to this Arrangement are as follows:
   1. for HPFB, the Director of International Affairs of the Policy, Planning and International Affairs Directorate; or the Director of Food Policy Integration; and
   2. for NZFSA, the Director of Policy; and the Director of Approvals and ACVM.
7. Each Participant will acknowledge the other Participant in any reports, assessments, submissions, presentations, papers and other documents to which the other Participant has collaborated or contributed. The extent of acknowledgement should reflect the importance of the contribution in meeting the objectives of the project and/or in writing the document.

4. Resolving Differences

Where there are differing views in the interpretation or application of this Arrangement, the Participants will communicate with each other at the appropriate senior management level with the goal of achieving a resolution.

5. Effective date, Term and Amendment

1. This Arrangement will take effect upon its signature by the Participants and will continue to be in effect unless it is terminated by either Participant, in writing, on 30 days notice to the other Participant, or it is terminated at such other time upon the mutual consent of the Participants.
2. Upon termination of this Arrangement, the Participants will continue to protect confidential information from unauthorized disclosure and use in accordance with their respective laws as well as the practices and procedures permitted by those laws.
3. The Participants may amend this Arrangement in writing upon their mutual consent.

Signed in duplicate at Sydney on this 18^th day of March 2009, in the English and French languages, each version being equally valid.

Andrew McKenzie
For the New Zealand Food Safety Authority

Siddika Mithani
For the Health Products and Food Branch