FoodLegal Bulletin, December 2007 - January 2008

Productivity Commission Report Impacts on Future Food Law Enforcement and Safety FREE Show More Info
FREE ARTICLE!
On 12 December 2007, the Productivity Commission released the Draft Report in relation to a Review of Australia’s Consumer Policy Framework. Accompanying the Draft Report and released simultaneously was a Consultancy Report by two academics. We provide the following commentary and analysis. We highlight the substantial risks if the principles of the Draft Report were to be extended into food regulation. This article is written prior to the imminent release of a report from Mr Mark Bethwaite whose team has been undertaking a separate review of ways to streamline food regulation. (This article is an updated version of the original article on this same subject. We shall provide further updating in a future issue of the FoodLegal Bulletin after considering any reports and papers issued by Mr Bethwaite).

Legal Ramifications in Supply of Unpasteurised Milk FREE Show More Info
FREE ARTICLE!
The New South Wales Food Authority recently warned consumers against drinking unpasteurised milk which is being widely marketed under the guise of a pet food or as a cosmetic (eg bathtime) product. This article discusses the sale of unpasteurised milk and milk products for human consumption throughout Australia, and the risks that are being posed.

FSANZ seeks further public comment on proposed Health Claims Standard Show More Info
On 12 December 2007, Food Standards Australia New Zealand released a further Consultation Paper in relation to the Nutrition, Health and Related Claims Standard Proposal P293. FSANZ is now seeking public comment on three issues raised in the Consultation Paper. We provide our analysis and commentary on the issues.

Food Law Conflicts Between States for Reporting on Dangerous Bugs Show More Info
Most Australian States do not require mandatory reporting of a positive laboratory test result of a pathogen found in a food sampled by a food company from its product batches even when the same batch is already selling in the shops. This article looks at the obligations and requirements and the safety risks that arise because of a legal loophole.

Who audits the food safety auditors? Has the law opened the door to any charlatans? Show More Info
Under the current food regulatory system, a food safety auditor only requires minimal qualifications to become accredited. Food auditor accreditations may even be obtainable by as little as a five day training course. After the completion of such a brief training course, a person is permitted by law to commence auditing food businesses. This article highlights a lack of consistent and standardised processes to review the performance of food safety auditors and reveals further points of weakness in the current food regulatory system.

Legal Issues in Eco-labelling and Packaging of Foods Show More Info
In a speech at a food labelling conference held in Sydney in November 2007, the new CEO of Food Standards Australia New Zealand described the use of eco-labelling as a growing trend. Consumers are becoming more and more aware of environmental issues such as "food miles" and "carbon footprints". While FSANZ has indicated that it may consider proposals for a Standard in relation to eco-labelling, it would not be a priority issue. This article, nevertheless, looks at the restrictions under current law in relation to eco labelling. (This article was updated in January 2008 subsequent to first publication).