FoodLegal Bulletin, February, 2006

Bottom of the Harbour: The Law of Toxic Fish Show More Info
On 24th January 2006, a temporary ban was placed by the New South Wales government on commercial fishing in Sydney Harbour after tests revealed high dioxin levels in fish. Are Australian consumers of fish adequately protected by current laws?

Supermarket Story No. 1: Government Betrays Fruit and Vegies Suppliers Show More Info
The inside front cover of the November 2005 issue of horticultural industry magazine “Good Fruit and Vegetables” contained a full page advertisement sponsored by Federal Minister for Agriculture Fisheries & Forestry, Mr Peter McGauran MP. The story behind this advertisement is one of betrayal, and Australia's horticultural industry being placed at risk.

Supermarket Story No. 2: Justice Re-visited - ACCC Wins Safeway Bread Case Show More Info
On 31st January 2006, a penalty of A$8.9 million was imposed on Australian Safeway Stores Pty Ltd (‘Safeway’) for fixing the price of bread and misusing its market power in various incidents between 1994 and 1995. The decision is a landmark with an ironic twist.

Country of Origin Labelling Standards Gazetted - Further Changes Expected Soon Show More Info
On 7th December 2005, the Australia New Zealand Food Ministerial Council gazetted the new Standard for Country of Origin Labelling (“CoOL”) in Australia. (New Zealand exempted itself from the new Standard following a New Zealand Government announcement on 28 November 2005). There's a lot more to this story.

The ACCC is Tougher than Food Regulator on Compliance: The Law of Absolute Truths Show More Info
This is not a new news story but a reminder: When it comes to food labelling compliance, there need not be consistency between the approach of the Australian Competition and Consumer Commission (ACCC), which is Australia’s consumer law watchdog, and that of Food Standards Australia New Zealand (‘FSANZ’), the body that drafts our national food standards. This applies in particular to what the ACCC calls ‘absolute claims’, as will be explained in this article.

Nutrition Claims and Health Claims Proposals - Our Technical Update Show More Info
On 7th December 2005 Australia’s food standards regulatory agency - Food Standards Australia New Zealand (FSANZ) - issued its long-awaited Draft Assessment Report for Proposal P293 on Nutrition and Health Claims and Related Claims, seeking public comments by no later than 6pm (Canberra time) on 31 March 2006 (extended from the original deadline of 22 February 2006). The new Standard is expected to be finalized by mid-year. There are many technical legal complexities. This article provides an overview as well as detailed technical analysis and a critique of the draft new Standard.

The Law of Food for Voluntary Firefighters and Other Good Causes Show More Info
A raging food law controversy accompanied the raging bushfires in Victoria in January 2006. Who was in the wrong?

Getting Into a Jam Show More Info
Standard 2.3.2 of the Food Standards Code (FSC) defines jam and establishes the compositional requirements for the manufacture of jam products but not even jam law is “as easy as jam”.

Postscripts and Feedback Show More Info
FoodLegal Bulletin received feedback Australia’s major organic foods industry organisations in response to its November 2005 article "The Realities of Organic Legalities".