FoodLegal Bulletin, May - June, 2006

Concerns Over Food Contamination Reporting and Recall Procedures, and the Laws of Metal Contamination Show More Info
The reporting at the end of May 2006 of metal contamination and incidents of sabotage in the 'Top Taste' cake range from George Weston Foods' Queensland manufacturing facility has resulted in a major national recall of the whole range of products. In a previous FoodLegal Bulletin issue (March 2006) we explained the existence of major deficiencies in mandatory reporting requirements across Australia.

Our warnings of a national systemic problem have so far not been heeded. In this 2,000 word article, we reiterate our explanation as to what the law lacks in mandatory reporting requirements, plus we also explain how food can sometimes still be allowed to contain some metal contaminants (not counting the obvious situation of malicious spiking of food with needles or blades and the like).

Legal Concerns About Australian Quarantine Laws: Biosecurity Australia's nature revealed Show More Info
Has the Australian government given Biosecurity Australia too much autonomy putting Australian quarantine standards at risk? In this article, we examine some of the legal implications for Australian farmers and consumer groups.

China Citrus Export Arrangement Reconsidered Show More Info
Following our previous controversial analysis, it seems Australian citrus industry representatives are having second thoughts on the reported proposals by consultants to Horticulture Australia Limited on the marketing arrangements into China. This article spells out where things are heading.

Current Gaps in Regulation of Pesticides in Foods in Australia Show More Info
The regulatory systems in Australia to test pesticide levels in foods have been the subject of recent consumer speculation. In this 1,500 word article, we discuss the legal framework for the testing of foods for pesticide contamination, what problems exist, and how the current systems could be improved. Some of our issues ought to be considered at the political level.

Review of Proposals for Obesity Clampdown: Not Just a Fat Chance? Show More Info
This article looks at the sanctions that are being proposed at the political and legal levels in different jursidictions in Australia and around the world. We provide a 2,000 word review and commentary on the alternatives.

Heart Foundation tightens up its ticked endorsements Show More Info
In a previous FoodLegal Bulletin, one of our criticisms of the proposed Food Standards Code Standard for “Nutrition, Health and Related Claims” was that it effectively allowed delegation of the health claims approval process from FSANZ to private organizations. One of these organizations, the National Heart Foundation, has now acted to delist endorsement of 60 products.

Concerns over Alcohol as an Ingredient in Conventional Foods Show More Info
This article examines the legal perspectives and restrictions that can apply to the sale of many conventional foods that contain an alcoholic ingredient. This article expounds upon legislative provisions that may apply.

Health Ministers Cool Down: Political Backdown on Tougher "Country of Origin" Labelling Requirements Show More Info
The Australia and New Zealand Food Regulation Ministerial Council decided against some of the more extensive requirements for Country of Origin Labelling (“CoOL”) regulations in relation to fruit and vegetable products. In this article, we explain the pros and cons.

Proposed WA "State of Origin" Labelling Scheme Show More Info
A Western Australian Parliamentary Committee, having reviewed the current Country of Origin Labelling Standard in the Australia New Zealand Food Standards Code, has proposed its own unique system to promote foods grown, farmed or fished in Western Australia. In this article, FoodLegal considers the proposed system and its implcations.

Federal Court shows True Colours: More on the Law of Colour in Labelling Show More Info
The Federal Court recently found that Cadbury does not own its colour purple on the chocolate wrapper, but in 2004, the same court found that BP owns its colour green. In this 1,500 word article, we explain how and when a corporation can legally own a colour as we expound on the law of colours applicable to branding.

Letters and Feedback Show More Info
- The Hon. Dr Arthur Chesterfield-Evans (NSW Parliamentary Leader, Australian Democrats) has raised in Parliament Question Time, some of the issues raised in the FoodLegal Bulletin April 2006 issue.
- A naturopath Ms Gemma Poli writes on the Omega-3 article that appeared in our FoodLegal Bulletin April 2006 issue.
- Barrister Mr Damien Hannan draws attention to the revised Victorian Standard for Hygenic Production of Meat at Retail Premises.