FoodLegal Bulletin, February, 2008

Who is enforcing the laws to stop pesticide contamination of our berries, fruits and vegetables? FREE Show More Info
FREE ARTICLE!
The food laws set by Food Standards Australia New Zealand and enforced by State and Territory government enforcement agencies are supposed to protect consumers from excessive exposure to pesticide and veterinary chemical residues in foods. However, tecent developments have raised questions about the level of enforcement of such laws . This article looks at the problems and the consequences for food suppliers.

Overcoming the Problem of Multiple Inspections Show More Info
The food industry in Australia and New Zealand is a multi-billion dollar industry with large numbers of food businesses operating at every stage of the food production chain. Every one of these businesses must be checked and regulated to ensure their practices comply with the relevant food safety standards. The current approach to this enormous task has been to delegate responsibilities and diversify services. Food business are commonly faced with a number of inspectors, audits or checks by different food regulatory bodies some related and some completely independent. This article challenges whether this is the most effective system of enforcing food law.

Legal issues concerning third party endorsements for health claims - Ticking the right boxes? Show More Info
In The Sunday Age on 17 February 2008, an article claimed that products carrying National Heart Foundation Tick endorsements might not necessarily be healthier than products that do not carry the Tick. The example given was of an SPC Salt Reduced Baked Beans product which carries the Heart Tick but contains "five times the saturated fat and more than 15 times the sodium" when compared to the competing Heinz No Added Salt Baked Beans product which does not carry the Heart Tick. In this article, FoodLegal examines the reliability of endorsements for claims as to what's good to eat. This article looks at the legal implications of using endorsements on food products issued by organisations such as the National Heart Foundation.

Food Law Updates Show More Info
The latest developments in food law including:
- The ACCC announces a new inquiry relating to the food industry
- Developments in the ACCC v Arnott’s Biscuits case
- ACCC commences proceedings against another food supplier in relation to fruit representations
- Changes gazetted for the Food Standards Code to permit a new antibacterial preservative with a dairy origin

Testing Methodologies and Food Standards: The Legal Ramifications of Choosing the Right Method of Analysis Show More Info
For every type of test that can be run on a food product, there is a multitude of testing methods each with its own benefits and shortfalls. This article looks at the legal ramifications in choice of method of testing.

Pork Industry: A case study on use of evidence in a Productivity Commission Inquiry Show More Info
The Productivity Commission recently released an Accelerated Report on the Inquiry into the Import of Pigmeat. In this article, FoodLegal examines the nature of the Productivity Commission Act and the way in which the Productivity Commission interprets the provisions of the Act, and the legal difficulties for any Australian industry that might be seeking support for government protection through this avenue.

Queensland Government Responds to FLB article on the Queensland Food Act FREE Show More Info
FREE ARTICLE!
In the October 2007 issue of FoodLegal Bulletin, there appeared an article written by Joe Lederman entitled "Queensland Food Act moves in the wrong direction: What happened to simplification and national uniformity?". The article in the FoodLegal Bulletin explained the bureaucratic complexities of the new Queensland Food Act. The article contrasted the Queensland position with simpler Food Acts operating in other Australian jurisdictions.

FoodLegal received a letter from the Queensland Government written by the Manager of Food Safety Policy and Regulation in the Environmental Health Unit of the Queensland Health Department which (amongst other things) states that the FoodLegal article was "incorrect and/or perceived as misleading or deceptive".

With permission from the Acting Principal Policy Adviser of Food Safety Policy and Regulation in the Environmental Health Unit of the Queensland Health Department, we now publish the letter from the Queensland Government in full, so that readers will have a better understanding as to why the Queensland Food Act is in the form that it is in.