Recent Developments in Food Law and Policy

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1. Japan imposes ban on Australian poultry and egg imports

The Australian Animal Health Laboratory (AAHL) detected a low pathogenic avian influenza (LPAI) in two ducks from a property in Victoria. This incident was reported to the World Organisation for Animal Health (OIE) on 27 January 2012, in accordance with Australia’s notification obligations.

The Australian Department of Agriculture Fisheries and Forestry (DAFF) have stated that this was not the high pathogenic H5N1 strain that is the focus of world attention and ongoing monitoring.

Nonetheless, the affected property and a second nearby property (both free-range duck farms) were placed under quarantine and the 25,000 ducks on these properties were culled, in accordance with Australia's national disease emergency plan, as a precautionary measure.  

In response to the notification of this disease incident, the Japanese government announced it hadsuspended imports of Australian poultry products (i.e. meat, eggs and egg derived products). It is not clear whether locally processed foods containing small amounts of egg products (e.g. cake mix, ice-cream, custard, yoghurt etc) are also included in Japan’s response by Japan. 

DAFF Biosecurity continue to work closely with Australian industries and relevant trading partners to ensure there is minimal disruption to trade.

2. Primary Production Processing and Safety Problems with Alfalfa and Other Sprouts

FSANZ has been developing a Primary Production and Processing (PPP) Standard for seed sprouts (Standard 4.2.6). These PPP Standards (which will be applicable in Australia but not in New Zealand) aim to strengthen food safety and traceability from paddock to plate. Seed sprouts are a germinated form of seeds and beans, such as alfalfa sprouts, onion sprouts, radish sprouts, and mung bean sprouts. They are eaten either raw or cooked.

In the past month, outbreaks of food-borne illness both in Australia and overseas have been associated with eating seed sprouts. In mid-January 2012, there were a number of recalls issued in relation to the Gippsland Sprout Co Mung Beans and Alfalfa, and Flowerdale Farm Mung Sprouts and Alfalfa Salad Sprouts.

A Health Alert issued on 21 January 2012 by the Victorian Department of Health concerned certain batches of Gippsland Sprouts Co Salad Sprouts, in particular, Alfalfa, Onion and Mung Beans; and Flowerdale Farm Alfalfa Salad Sprouts, particularly, Alfalfa, Onion and Mung Beans (with use by date 23 January). Both alfalfa products tested positive to high levels of the bacteria E. coli.

3. Some Recent Food Standards Code Amendments

Standard 1.3.3 (governing Processing Aids) has been varied to add the enzyme Endo-protease (EC 3.4.21.26), Aspergillus niger, as an approved processing aid.

Standard 4.1.1 – Primary Production And Processing Standards – Preliminary Provisions will commence on 20 May 2012 (Australia only). The purpose of this standard is to set out preliminary provisions which apply to the Primary Production and Processing Standards contained in Chapter 4 of the Code.

More than 120 other changes have been made to the Australia New Zealand Food Standards Code, and FoodLegal is advising in relation to various aspects.

4. Australia bans carbendazim in orange juice and oranges following US ban

Food Standards Australia New Zealand (FSANZ) announced on 19 January 2012 that oranges and orange juice sold in Australia will not be permitted to contain any carbendazim, after it was announced that existing permissions would be revoked in the first quarter of 2012.

The moves follows concerns in the United States raised after the US Food and Drug Administration detected trace amounts of carbendazim in orange juice imported from Brazil.

Carbendazim is a fungicide used in many countries to control fungal diseases.

The Australian Pesticides and Veterinary Medicines Authority (APVMA) had been reviewing the permissions for carbendazim.

A statement released by FSANZ on 19 January 2012 said, “FSANZ is liaising with the Department of Agriculture, Fisheries and Forestry to ensure imported products comply with the new requirements. FSANZ has been advised that a monitoring program is being established at the border to test for carbendazim in the relevant imported foods.”

FSANZ has moved to reassure Australian consumers that exposure to carbendazim through consuming oranges and citrus juices is extremely low.

According to FSANZ, the latest Australian Total Diet Study (ATDS) indicates that even for high consumers of oranges and citrus juices, exposure to carbendazim is likely to be around one per cent of the amount that can be safely consumed on a single day.

According to FSANZ, at the levels of carbendazim found in the ATDS:

• The average four year old child would have to drink more than 40 litres of orange juice in a single day to go over the safe level.
• A 70 kg adult would have to drink around 150 litres of orange juice in a day before going over the safe level.

5. Genetically Modified Foods – more applications to FSANZ

On 16 January 2012, FSANZ began inviting comments on an application for food derived from a corn line genetically modified to be tolerant to the herbicide glyphosate.

FSANZ acting Chief Executive Officer Melanie Fisher said that the application was received from Monsanto Australia Limited and seeks to vary Standard 1.5.2 – Food produced using Gene Technology, in the Australia New Zealand Food Standards Code.”

“Approval of GM foods under this Standard is contingent upon completion of a comprehensive pre-market safety assessment,” Ms Fisher said.

“The safety assessment finds that there are no potential public health and safety concerns and that the corn is safe for human consumption.

“FSANZ welcomes comments from government agencies, public health professionals, industry and the community on issues raised in the report.”

The period for submissions closes on 27 February 2012.

On 24 January 2012, FSANZ called for submissions on an application to change the Food Standards Code to allow food derived from a genetically modified soybean.

FSANZ Chief Executive Officer Steve McCutcheon said the application, submitted by BASF Plant Science Company GmbH, was seeking permission to allow food derived from a genetically modified soybean line.

“Soybean line CV127 is tolerant to the imidazolinone class of herbicides which are used for weed control,” Mr McCutcheon said.

“All genetically modified foods undergo a comprehensive premarket safety assessment by FSANZ before being approved in the Food Standards Code.

“FSANZ welcomes comments from government agencies, public health professionals, industry and the community on the application.”

The period for submissions on the soybean application closes on 6 March 2012.

More information: Application A1064 – Food derived from herbicide-tolerant soybean line CV127

6. Mandatory Reporting Changes for ACCC Requirement

Since January 2011, amendments to the Competition and Consumer Act have made it mandatory for companies to report any incident of injury or death that could have been somehow caused by their food product. This requirement applies no matter where the incident may have occurred, whether inside or outside Australia.

The ACCC has created a new online reporting form (to be lodged at www.productsafety.gov.au). What is important to note is that this form now, in relation to food products, focuses on the consumption of a product. The previous format was less specific and left open even the mildest connection to a product to be a trigger for notifying the ACCC.

It is important to note that the form will nevertheless still have to be filled out in the event of an injury connected to a food product (consumed or not). However, the ACCC reaction to a notification could vary according to the new wording of the notification report made by the company. 

7. Court case over poisoned Gladstone Fish

Legal proceedings have now been issued in the Rockhampton office of the Land and Environment Court on behalf of Gladstone fishermen, demanding that the Queensland government pay compensation (for loss of income) arising from a claim that dredging of Gladstone Harbour has caused contamination of the water and poisoned fish in the harbour.

Gladstone Ports Corporation and the Queensland government have argued that poisoning was caused by the influx of fresh water fish into the salty waters as a result of the Queensland floods.

The Queensland government imposed a ban on fishing for 3 weeks in September-October 2011 after locally-caught fish showed signs of illness and local fishermen had also reported being unwell after handling these fish. The ban was lifted when results of a water quality analysis and fish testing had discounted the potential for a food safety or human health issue.

8. Re-launch of the Code of Practice to Manage Pests in the Food Industry

The Australian Environmental Pest Managers Association (AEPMA) has coordinated the preparation and review of the “Code Of Practice – Commercial Pest Management in a Food Business”. The new Code of Practice defines best practices for both pest managers and food businesses.

The Code of Practice finalized as at August 2011 (and initially released November 2011) complements the Australia New Zealand Food Standards Code and provide guidelines on pest and vermin management following Hazard Analysis Critical Control Point (HACCP) food safety principles.

This new Code of Practice can be found on the AEPMA website – www.aepma.com.au