FoodLegal Bulletin, November, 2007

Improving the Relationship between State and Local Governments in Food Regulation in Victoria - Part 1: Inspection Powers FREE Show More Info
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Food law enforcement is, by virtue of the Australian Constitution, principally a function of the States and Territories. There are exceptions such as the Commonwealth government exercising controls over imports and exports, and the Commonwealth, acting through the agency of the Australian Competition and Consumer Commission (ACCC), in prosecuting illegal trade practices and in protecting consumers against misleading or deceptive conduct or misrepresentations and against risks from unsafe products. Yet most Food Laws (including the Food Standards contained in the Australia New Zealand Food Standards Code) are enforced at State and Territory and local government levels. In Victoria the said Food Standards Code is enforced under the Food Act by virtue of Section 16 of the Food Act, and the State government department that is responsible for overseeing general compliance with the Food Act (Vic) is the Department of Human Services (DHS). Local governments in Victoria are responsible, under the Food Act, for monitoring food premises in their municipality. This article now explores in more detail, the nature of the relationship in food safety law enforcement between the State and local governments and the scope for improving that relationship in Victoria.

Improving the Relationship between State and Local Governments in Food Regulation in Victoria - Part 2: Closure Powers Show More Info
Local council EHOs in Victoria are currently prevented, under the Food Act, from effectively closing a food business that is in serious breach of the food safety regulations prescribed by the Food Act.

Local governments can, however, refuse or suspend the registration of food premises. This article explores whether this power is similar to the power of closure and the complications that exist when Local governments attempt to close an unsafe food business.

The Packaging Dichotomy Show More Info
The Australia New Zealand Food Standards Code features a wide-ranging labelling regime for packaged foods sold in Australia. For example it sets out the various Standards detailing requirements for ingredients listings, nutrition information, lot identification numbers, mandatory warning statements and a plethora of other details on labels. What happens however when the package is so small that it is physically impossible to include all this information? What about where food possesses both an inner and outer layer of packaging? This article explains some of the limits and exceptions applicable for labelling in a variety of circumstances.

The law of 'free range' eggs Show More Info
The free range egg market has been steadily growing in Australia, making up 15% of the egg market by volume and 23% of the egg market by value. The term “free range” has become popular with producers due to the premium price it attracts and the willingness of consumers to pay for it. However, some say that there are no clear standards for what 'free range' actually means. This has resulted in claims that some producers are taking advantage of loopholes in the system, producing 'free range' eggs which some consumers may not necessarily regard as 'free range'. Some say that consumers are losing confidence in 'free range' products as a result. This article looks at the regulatory framework for egg producers and how some eggs might be more 'free range' than others.

Mandatory Warning, Mandatory Advisory Statements and Declarations under the Food Standards Code Show More Info
Subject to limited exceptions, all food products must bear information required by the Australia New Zealand Standards Code. However, additional labelling obligations can apply where a Food Standard specifies a requirement to provide additional statements or warnings such as where foods might pose dangers to certain types of individuals or groups. These additional requirements may take the form of mandatory warnings, advisory statements or declarations. This article explores the situations where the different types of extra labelling requirements are to be met to confer extra protection for consumers.