Foodlegal Bulletin

FoodLegal Bulletin, September 2010

Welcome to our September 2010 issue of FoodLegal Bulletin.

In this issue, we offer a special FREE E-book that provides an overview of Australia’s Food Regulatory System.

Food advertisements and marketers often like to compare different products. Our article ‘Legal risks in comparative advertising’ explains the legal risks in doing so.

For those who think all Australian jurisdictions share the same national food regulatory system, our article on the differing approaches by the Australian States to implementing Food Safety Programs compares and analyses the different Australian States and municipal council enforcement policies in relation to Food Safety Programs.

In our article on Further Food Law and Policy Developments, we report on additional current developments that you need to be aware of especially in relation to sweeteners, seed sprouts, fast food nutrition labelling, and other issues.

A recent New Zealand government Risk Profile of caffeine has been analysed in one of our articles.

Speaking of New Zealand, the recent adverse finding by the World Trade Organisation against Australian biosecurity controls in relation to imported NZ apples reminds us of the ongoing battle for control in Canberra over Australian biosecurity policy. Our article about Australian biosecurity structural changes looks at the ongoing evolution taking place in Canberra.

Speaking of apples, this Wednesday evening 8th September 2010 marks the first night of the Jewish New Year (Rosh Hashanah, 5771) when apple slices are traditionally dipped into honey. Who knows, maybe this New Year will see an Australian government taking the reins again!

We take this opportunity to wish all our readers Shana Tova u’Metuka – a Good Year, and a Sweet one!


  • FoodLegal FREE E-book
    • Date Published | 08 September 2010

  • Readers please note:

    This document is provided for information purposes only. The regulatory compliance information is provided as a guide only. You must not rely on any such information for commercial decision-making.

     If you require compliance advice, please contact the firm FoodLegal to speak with either Joe Lederman or one of our other principal legal consultants.

  • Legal risks in comparative advertising
    • Date Published | 08 September 2010

  • By Joe Lederman
    FoodLegal Lawyers and Consultants
    © Lawmedia Pty Ltd, September 2010

    There are many benefits in comparative advertising – it is a highly influential marketing technique and promotes competition by helping consumers make informed choices. However, comparative advertising also carries a high degree of legal liability risk and commercial risk. This article looks at the current state of law in Australia on comparative advertising, having regard to the Trade Practices Act, the Food Standards Code and relevant court cases.

  • Differing approaches by Australian States to implementing Food Safety Programs
    • Date Published | 08 September 2010
  • Under the Australia New Zealand Food Standards Code (Food Standards Code), Chapter 3 of the Code provides that a Food Safety Program is an essential element of the food safety standards of food businesses. Different State jurisdictions have implemented the requirement in a variety of ways. This article explores the approach of each State and raises issues as to their differences.
  • Further Food Law and Policy Developments
    • Date Published | 08 September 2010
    Food Standards Australia New Zealand (FSANZ) has requested pubic comment regarding two proposed changes to the Food Standards Code, the first regarding the regulation of seed sprout production, and the second regarding an application to approve a new sweetener under the Code.  In addition, there are numerous current developments such as in relation to proposed new fast food nutrition labelling.
  • Rethinking caffeine - New Zealand Food Safety Authority and Risk Profile on Caffeine
    • Date Published | 08 September 2010
  • Recently, there has been publicity and media interest about caffeinated energy beverages, particularly when consumed by young people. This comes after the New South Wales Food Authority (NSWFA) found in a survey undertaken in 2009 that over 77 per cent of energy drinks contained caffeine over the legal limit. This article considers and provides analysis on a risk profile by the New Zealand Food Safety Authority (NZFSA) about caffeine in energy drinks and energy shots.
  • Do Australia's biosecurity structural changes mean effective change for better or for worse?
    • Date Published | 08 September 2010
  • The regulations governing the structure of Biosecurity safeguards in Australia for imported foods and other imports, have been operating for more than 12 months. When the Biosecurity Services Group was created, it was believed by many that it would take over the functions and responsibilities of Biosecurity Australia, but also incorporate many of the functions of the Product Integrity, Animal and Plant Health (PIAPH) division of the Australian Quarantine and Inspection Service (AQIS) as well as the Quarantine and Biosecurity Policy Unit. This article discusses the effects of structural changes in Australia’s biosecurity system including further changes that have been mooted in the Beale Report recommendations and implemented since mid-2009.