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Foodlegal Bulletin
FoodLegal Bulletin, August 2010
Welcome to this August 2010 issue of FoodLegal Bulletin and our new FoodLegal website.
I recently returned from a European food conference in Italy and learned how developments in the EU and Codex will have implications for Australia. Internationally, some food law areas have shifted into a state of flux with contentious political involvement at all levels in many countries and at the international forum of the Codex Alimentarius.
This FLB issue begins with FREE access to a response from Dairy Australia addressing our June-July 2010 article on natural technologies in dairy farming; and in a separate development, recent rumours in China have caused the NZFSA on 11 August to issue a denial about hormonal usage to which we refer also.
Our article on food-borne viruses explains a new threat for which governments appear unready. We examine the response of the Victorian Department of Health to a Hepatitis A outbreak and explain the need for a better national approach at ministerial council level than the current proposal by FSANZ
We provide a deeper legal analysis of the Primo Country of Origin Labelling case and its broader business implications.
We explore aspects of the percentage composition declaration requirement by examining what constitutes ‘emphasis’ under the Food Standards Code.
Our article explores labelling compliance implications of changing your address.
The recent July 1 2010 changes to the Victorian Food Act have created new powers for municipal councils. In our article we explore the resulting business risks.
In our article on recent proposals in Victoria (and NSW as referred to in our Developments Update) to require fast food chains to display energy content, we pose more legal questions for governments to answer.
And finally, our examination of additional developments in food law and policy will update you on this month’s regulatory news.
Stay informed by signing up for access to the entire FoodLegal Bulletin database (which includes vital past articles in addition to a year’s worth of future Bulletin articles). Disregarding new legal developments can be costly. Being informed limits your risk of business loss for non-compliance.
SPECIAL OFFER
To celebrate our launch of the new FoodLegal website, we offer our loyal readers a FREE 15 minute initial phone consultation on any legal issue relating to food labelling. This offer is available until the end of August only. Call now (03) 9606 0022. FoodLegal can add value to your business quality management processes.
All the best,
Joe Lederman
(Editor, FoodLegal Bulletin)
- Response from Dairy Australia on technology confirming hormones absence
In our June-July 2010 FoodLegal Bulletin we discussed new technologies in dairy farming. In response to the article, we received a letter from the Supply Chain Regulatory Affairs Manager of Dairy Australia (the body representing all sectors of the dairy industry). FoodLegal publishes this letter in full for the benefit of our readers.
- Is Australia ready for a food-borne virus outbreak?
In early 2009, there was an outbreak of Hepatitis A which was alleged to have been caused by viral contamination somewhere in the primary food supply chain or processing line for semi-dried tomatoes. Although the outbreak of Hepatitis A was never proven to have been related to semi-dried tomatoes, and the epidemiological evidence of any link was very sketchy, the issue raised serious questions about weaknesses in food regulation throughout Australia when it comes to monitoring, testing, proving and containing viral outbreaks that are potentially food-borne. This article examines various aspects of these issues including concerns about appropriate and inappropriate responses and a need for action at the highest Ministerial Council level for a proper national approach.
- Further analysis of Primo Country of Origin Labelling case
In the June-July 2010 issue of FoodLegal Bulletin, we reported in our Further Developments section, on the case of New South Wales Food Authority v P&M Quality Smallgoods Pty Limited (Primo Smallgoods). This article analyses further aspects of the case.
- What constitutes emphasis? An exploration of Food Standard 1.2.10
Standard 1.2.10 of the Australia New Zealand Food Standards Code dictates the circumstances under which a food product’s label must declare the percentage composition of certain ingredients. However, Standard 1.2.10 in conjunction with a User Guide issued by Food Standards Australia New Zealand details a number of situations where, even though an ingredient might be “emphasised”, the percentage composition does not need to be declared.
By Joe Lederman and Charles Fisher
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, May 2010
Standard 1.2.10 of the Australia New Zealand Food Standards Code dictates the circumstances under which a food product’s label must declare the percentage composition of certain ingredients. However, Standard 1.2.10 in conjunction with a User Guide issued by Food Standards Australia New Zealand details a number of situations where, even though an ingredient might be “emphasised”, the percentage composition does not need to be declared.
- Legal Implications of Changing the Address for your Food Label
Packaged foods for retail sale or for catering purposes are required to bear a label setting out specific information prescribed by the Australia New Zealand Food Standards Code (Food Standards Code). What happens to the existing label when address of the food business changes? This article clarifies some relevant compliance issues.
- Business risks in Council shut-down powers
From 1 July 2010, changes to the Food Act 1984 (Victoria) extended the powers conferred on municipal council in food compliance enforcement. This article explores some aspects of these powers.
- Proposals in Victoria requiring fast food chains to display energy content
On 29 June 2010, the State of Victoria Premier John Brumby announced a government proposal by the Victorian Labor government to require food chains to display kilojoule content on their main menu to be rolled out at the end of 2012. The announcement raises a number of legal issues as to the scope and applicability of the new requirements, and this article considers the proposed changes from current law.
- Further food law and policy developments
- The Greens propose an alcohol and junk food levy
- New Australian Packaging Covenant
- Seafood retailer fined for country of origin labelling
- The New South Wales Government to hold a fast food forum
- NSW Greens’ push to standardize the definition of “free range”
- Yakult submits further technical information to EFSA on probiotic health claims
- The UK Food Safety Authority (FSA) stripped of nutrition and labelling responsibilities
- Olive oil standards in Australia
- World Trade Organisation panel report on apple dispute between New Zealand and Australia.
- New Zealand interim court order lifts ban on kosher slaughter