NZIFST - The New Zealand Institute of Food Science & Technology Inc.

Bookmark and Share

NZIFST Annual Conference
NZIFST Ethics & Advocacy
1. INTRODUCTION
The New Zealand Institute of Food Science and Technology Incorporated seeks to be the New Zealand society for food industry professionals, benefitting members and the community through the development and promotion of technical proficiency, ethical practices and communications.
Accordingly, all members shall endeavour to behave in an ethical manner at all times. The Institute defines and, where appropriate, rules on unethical behaviour by Members.

Professional food scientists and technologists may be faced with conflicting loyalties, e.g. to society and to their employers. The Code of Ethics establishes the underlying principle that in matters of health, safety, fraud and deception a Member's primary obligation is to society. This is often stated or implied in food legislation. For example:

The Codex Alimentarius standards contain "requirements for food aimed at ensuring the customer a sound, wholesome food product free from adulteration, correctly labelled and presented".

The first four objectives of the National Food Authority Act 1991 require the following hierarchy to be used when assessing composition and labelling:
- protecting public health and safety;
- providing adequate information relating to food to enable consumers to make informed choices and to prevent fraud and deception;
- promoting fair trading in food;
- promoting trade and commerce in the food industry.
The special role of the food industry in delivering safe and wholesome food to people remote from the production system must be recognised.

2. STATEMENT OF ETHICAL PRINCIPLES
Members of the New Zealand Institute of Food Science and Technology shall uphold the dignity, standing and reputation of their profession and of the Institute with consumers, industry, government, and society by adherence to the following four principles:
2.1 Public Health and Safety
Members shall act to prevent an action, or lack of action, that might reasonably be expected to result in the consumption of food products that are harmful to public health or safety.

2.2 Fraud and Deception
Members shall not participate in any action that might reasonably be regarded as fraudulent or deceptive.

2.3 Provision of Products, Services or Information
Members shall use their best endeavours to ensure that all products, services or information they provide are lawful, accurate and meaningfully presented.

2.4 Professional Behaviour
Members shall act in a responsible manner to preserve and enhance the reputation of the industry and the Institute.

3. ETHICS ADVOCATES AND DISCIPLINARY ACTION
3.1 Ethics Advocates
This code recognises that Members, either through their own volition, or by direction of their employer, are sometimes faced with a decision or action which may breach this code. As a support network the Institute shall maintain a group of Ethics Advocates with the following roles:

to be available to individual members so that they can, in confidence, seek advice on personal ethical dilemmas and issues;
to represent individual members on ethical issues, e.g. to their employer, if so requested;
to ensure that young members, in particular, receive training and assistance in the area of ethics;
to review the Code and associated procedures on a regular basis.
All matters referred to the Advocates will be handled in strict confidence by the consulting Advocate, unless either:
both the Member seeking support and the Advocate agree otherwise, or
public health and safety would be jeopardised by non-disclosure (Section 4.1).
Advocates shall only agree to work with a Member if they can maintain independence in the matter raised.

3.2 Disciplinary Action
The Institute may choose to suspend or expel Members for breaches of this Code of Ethics. Such actions are taken by the Council on recommendation of the Presidents' Committee according to the Rules and Constitution of the Institute.

Any complaint about the ethical behaviour of a Member shall be made to the President who is the convenor of the Presidents' Committee. Such complaint may be made by another Member, a member of the community or, in circumstances where public health and safety are at risk, by an Ethics Advocate.

On receipt of a complaint the President shall initially interview the person making the complaint, any Advocate who may have been approached and the Member against whom the complaint is made to ensure that the matter cannot be handled informally via mediation or the Advocate system. The names of all parties shall be held in confidence during this stage.

In the event that the President, in consultation with any Advocate approached by a Member concerned, considers that the complaint may have substance he/she shall require that the complaint be stated in writing, and shall then convene the Presidents' Committee.

In the event that the President, in consultation with any Advocate approached by a Member concerned, considers that the complaint is frivolously brought by a Member he/she shall convene the Presidents' Committee to judge the conduct of the Member making the complaint.

4. INTERPRETATION OF THE CODE
4.1 Public Health and Safety
Members shall act to prevent an action, or lack of action, that might reasonably be expected to result in the consumption of food products that are harmful to public health and safety.

The following are examples of actions considered unethical in this context:
knowingly allowing food to be sold that is not safe when eaten by the intended consumers, because of contamination or carry-over, (e.g. pathogen contaminated ready-to-eat foods, carry- over of antibiotics from animal husbandry, carry-over of unacceptable levels of pesticides);

knowingly allowing food to be sold that may be injurious to the health of consumers because of the presence of foreign material, (e.g. glass contamination of a batch of product);

knowingly allowing food that is dangerous to defined consumers to be sold without appropriate warning, advisory or ingredient statements, (e.g. foods sweetened with aspartame not being so labelled).

Adherence to this principle requires that in the event Members are requested to act to the contrary they shall refuse, stating their reasons and, if the action proceeds regardless, they shall raise the matter with an Ethics Advocate or if the request is made by another Member, either an Ethics Advocate or the President.

Adherence further requires that in the event that an Institute Member becomes aware of actions of another Member that might reasonably be expected to result in foods that are harmful to public health and safety, she or he shall raise the matter with an Ethics Advocate or the President.

4.2 Fraud and Deception
Members shall not participate in any action that might reasonably be expected to be fraudulent or deceptive.

The following are examples of actions considered unethical in this context:

selling ingredients that are known to be illegal, without informing the client;

selling a food as if it meets a particular standard, knowing it does not meet that standard;

advertising and promoting foods using fraudulent or deceptive data for nutritive values, health effects or other properties;

signing a quality certificate which includes false information or omits significant facts and data.

Adherence to this principle requires that in the event Members are requested to act to the contrary they shall refuse, stating their reasons. If the action proceeds regardless, they may raise the matter with an Ethics Advocate or the President.

4.3 Provision of Products, Services or Information
Members shall use their best endeavours to ensure that all products, services or information they provide are lawful, accurate and meaningfully presented.

The following are examples of actions considered unethical in this context:

associating with, or allowing one's name to be used, in connection with any product, process or marketing which does not comply with legal requirements;

misrepresentation of products, services or information;

providing a professional opinion or consultancy without sufficient training or information in the area concerned;

while an industry representative on an advisory committee, promoting a technical course of action that is biased towards one's employer or sector, to the detriment of the industry, the consumer, or the community as a whole.

Adherence to this principle requires that Members shall ensure that they hold sufficient knowledge to meet their professional obligations during employment, and shall engage in continuing professional development on a regular and ongoing basis. Members cannot be held responsible for shortcomings in universal knowledge at any time, but must ensure that they remain well-informed. When Members are appointed to external committees in the role of Professional Food Scientist or Technologist, they shall ensure that their opinions and judgements are given on that basis.

4.4 Professional Behaviour

Members shall act in a responsible manner to preserve and enhance the reputation of the industry and the Institute.

The following are examples of actions considered unethical in this context:

malicious criticism of the work of other Members;

degrading a competitor, product or process without due cause;

not disclosing conflicts of interest to one's employer, client or principal;

the acceptance of inducements;

passing on of confidential information gained from a previous employer or client;

selection of processes and products that are unduly damaging to the environment;

This principle recognises that apart from his/her responsibilities in relation to the welfare of the community, the Member's primary professional obligation is to their employer or client. The Member shall act with knowledge and in a responsible manner in all professional activities. Members shall not breach confidentiality, unless not so breaching is likely to result in actions that are harmful to public health and safety. Further, Members shall act to meet the expectations of the community with respect to using resources in a manner consistent with the principles of sustainability and minimisation of environmental damage.

NZIFST ADVOCACY POLICY AND PROCEDURES

Policy

NZIFST supports an ethical behaviour policy between all NZIFST members, and non-members who attend NZIFST convened meetings.

Any NZIFST member who has a concern about the behaviour of another NZIFST member at a NZIFST convened meeting or meeting of NZIFST members, is assured that their complaint will be taken seriously, treated confidentially and sensitively; and investigated quickly and fairly.

Key Points

a) Definition

Harassment generally occurs when there is verbal or physical behaviour (including misuse of written or visual materials) where:-
* The conduct is unwelcome and offensive to the recipient
* The conduct is of a serious nature or is persistent to the extent that it has a detrimental effect on the membership of the member within the NZIFST.


b) Harassment Includes (but is Not Limited To):-
* Personally offensive verbal comments
* Sexual or smutty jokes.
* Repeated teasing or comments about a person's race, set of beliefs, or discrimination as defined in Section 21 of the Human Rights Act 1993.
* Physical assault
* Unauthorised use of the work of another
* Requiring ascription of authorship where none has occurred
* Failing to declare a conflict of interest
* Sexual Harassment


c) Sexual Harassment Includes (but is Not Limited To):-
* Repeated comments or teasing about a person's alleged sexual activities or private life
* Persistent, unwelcome social invitations or telephone calls from NZIFST members
* Being followed home from NZIFST meetings
* Offensive hand or body gestures
* Physical contact such as patting, pinching, touching or putting an arm around another person's body at an NZIFST meeting
* Posters or cartoons displayed that have a sexual connotation
* Sexual assault or rape


d) Legislation
Harassment is unlawful under both the Employment Contract Act 1991 and the Human Rights Act 1993. Individuals, when harassment is proven, may be legally liable. In addition, many of the aspects that constitute harassment are also offences or crimes.

Confidentiality

All communications and interviews and any information gathered in connection with a complaint will be held in strictest confidence.

Options for concerned NZIFST members

Self Help - A direct, informal approach to the offender, either in person or in writing, and a request that the offender stops the behaviour which is offensive.

Informal Query to Advocate - If self help is inappropriate or unsuccessful, NZIFST member should contact the Advocate, who is able to give advice on a range of options to deal with any concerns regarding harassment.

Formal Complaint to NZIFST - If self help or the informal process is unsuccessful or inappropriate, a formal harassment complaint may be made. This can be done directly by the complainant to the NZIFST Advocate.

Malicious Allegations

Any unsubstantiated allegations of harassment, which are shown to be malicious, are likely to result in disciplinary action against the accuser. Those making malicious complaints also risk the possibility of a claim for defamation by alleged offender.

Procedure

Step 1: Informal Query to NZIFST Advocate
The NZIFST Advocate's role is to provide advice on options available to the complainant for dealing with the situation. The Advocate will find out exactly what the query is about or what is causing concern to the NZIFST member. The NZIFST member will be asked what results they expect as a consequence of their query. The Advocate will agree a course of action with the NZIFST member remembering that it is the member's choice as to how the matter proceeds.

Step 2: Lodging a formal complaint
NZIFST undertake that there will be a full investigation of the complaint. The investigation will be made promptly, confidentially and impartially. The alleged offender is advised of the nature of the complaint including the name of the complainant

Step 3: Effective Investigation
* Interview appropriate people
* Check all allegations and counter allegations
* Make a decision based on the most probable account of events

Step 4: Complaint Substantiated, Attempted Settlement
Where the complaint is substantiated, then the NZIFST should try to resolve the matter between the parties, by ascertaining the requirements of the parties and reconciling these, if possible, as a basis for agreement.

Step 5: Investigators Recommendation
Where the attempt to produce a settlement on mutually agreed terms is unsuccessful, then the investigator will refer the complaint to the Presidents' Committee.

Step 6: Complaint not substantiated
Where the harassment complaint is found by the investigators to be unsubstantiated, reasons for this finding will be given by the investigators to the parties. If the investigator's findings are acceptable to the complainant, the matter will be officially dropped. If the investigator's findings are unacceptable to the complainant, the complainant can refer the matter on to the Presidents' Committee.

Step 7: Non-Settlement between NZIFST and Complainant
If the NZIFST and the complainant cannot settle the matter, the complainant can refer the complaint to the Human Rights Commission.

ADVOCACY OFFICERS
  • Northern region - Rod Berry, General Manager, EAP Services, PO Box 5931, Wellesley St, Auckland.
    Phone: 09 358 2110
  • Central Region - Phil McMahon, Manager Central Region, EAP Services, PO Box 11 226, Wellington.
    Phone: 04 472 5886
  • Southern Region – John Squire, Manager, Southern Region, EAP Services, PO Box 8285, Riccarton, Christchurch.
    Phone: 03 348 0854.


Back to the top Back to the top


About NZIFST