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Fonterra says it will cop on the chin four charges filed against it by the Ministry for Primary Industries (MPI) relating to breaches of the Animal Products Act as a result of its investigation into the WPC80 recall last year.

Though the matter is now before the courts, Fonterra has said it accepts the charges, and accepts responsibility for the allegations made in the charges, after its botulism scare last year that prompted global recalls of baby formula, but later proved to be a false alarm.

Fonterra’s MD People, Culture and Strategy, Maury Leyland, said the charges were consistent with the findings of Fonterra's Operational Review, and Independent Board Inquiry.

“We have previously detailed issues relating to the decision to reprocess the original WPC80, and being slow about escalating information – which are reflected in the charges laid by MPI,” she said.

“Food quality and safety remain our top priority, and are fundamental to our business. New Zealand’s dairy food production and safety systems have been affirmed by both the Board and Government inquiries as being as safe as any in the world.

“The WPC80 event caused us to examine in detail what happened, why it happened, and what we must do to minimise the risk of it ever happening again.

“We are making good progress on implementing the necessary improvements the Operational Review and Independent Board Inquiry identified.

Leyland said Fonterra was also working with the government to progress all the recommendations of its review of New Zealand’s dairy food safety regulatory framework, undertaken last year.

“Fonterra is committed to complying with New Zealand’s food safety and quality regulations, and being held accountable if it does not,” she said.

The charges filed against Fonterra in Wellington District Court are:

  • Processing dairy product not in accordance with its Risk Management Programme;
  • Exporting dairy product that failed to meet relevant animal product standards;
  • Failing to notify its verifier of significant concerns that dairy product had not been processed in accordance with its Risk Management Programme; and
  • Failing to notify the Director General as soon as possible that exported dairy product was not fit for intended purpose.

A tentative court date has been set for early next month.

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