The ACCC's review of the Product Safety Recall system: How will it affect the food industry?

Over the past 2 years, FoodLegal has been involved in handling the legal issues involved with situations of threatened and actual withdrawals or recalls of food products. In some cases, the situations involved voluntary actions initiated by food companies or their suppliers. In some cases, the issues arose because of demands or actions instigated by government agencies, such as AQIS, the NSWFA, and the Victorian DHS, or by major supermarket operators.

A plethora of factors can influence the decisions to withdraw or to recall a particular food product. The nature of the food product, the nature of the hazard, the adequacy of the claims, the scientific assessment of the risk, the truthfulness of the product labelling, the presence of any contaminant, residue or allergen and the alternative usage for the product are often relevant. Furthermore, depending on the facts, there can be different legal consequences and different commercial considerations, insurance issues and product traceability issues to consider – apart from the foremost legal obligation to protect the consumer of the affected product.

This article examines a recent announcement by the Australian Competition and Consumer Commission (ACCC) concerning a review of the product safety recall system in Australia, and significant changes to affect Australian food businesses and their suppliers. These will also impact on food companies as explained by this article.

This article is available to Subscribers only!

Not yet a Subscriber? Become a Member of FoodLegal