FoodLegal Bulletin, October 2008

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Despite Australia’s primary productive wealth and productive capabilities in agriculture (over twenty per cent of Australian food and agricultural production by value is exported, with 95% of Australian food exports being in bulk form), Australians are very vulnerable to a systemic weakness in food security. There is a potential scenario of our food shops and supermarkets in major cities being emptied out too quickly to maintain our food supply security in certain events.

The systemic problem is that supply efficiencies always demand that there be minimum inventory stock levels. Furthermore, food supply production is actually geared to the continuity of existing patterns and levels of consumption. A break in buying will lead to a drying-up of production.

In this article, we explain that Australians are walking a tightrope without the food security net needed to guarantee food reserve capacity in the event of a bird flu pandemic. Recent reports point to an imminent bird flu pandemic risk

See, for example:

Bird Flu timebomb
WHO Avian Influenza Update
Bird Flu Death Toll Increases as Indonesian Woman Dies

Co-ordinated government action to prepare at all levels (Federal, State and Municipal) throughout Australia is therefore all the more urgent to reduce the likely impact. Our article explains why additional investment will be required to facilitate suitable reserve food production and distribution capabilities in order to ensure that Australians will have adequate food to meet a serious crisis scenario.

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The Australian Competition and Consumer Commission (‘the ACCC’) has continued to pursue companies, both across the food industry and other industries, for marketing products in a way which the ACCC believes may mislead consumers. Two recent examples highlight the need for the food industry to be on alert and to take pro-active measures to be protected from potentially costly litigation under the Trade Practices Act.

While many are still grappling with the issues relating to foods produced using gene technology, others have turned their attention to nanotechnology.  Here the technologists are working with tiny particles of matter– a nanometre is one billionth of a metre. This article is a heads-up to readers that another exciting but controversial technology is heading the way of the food product trade. There are great opportunities and challenges where food is produced using nanotechnology. From a regulatory perspective the similarities between gene technology and nanotechnology are obvious so are we using the experiences gained from the gene technology debate to prepare the public for this latest technological advance in its food supply? This article of 2,700 words provides an in-depth analysis of the area and also examines and compares what is happening in each major jurisdiction around the world.

The following article of 2,000 words is adapted from 2 different speeches given respectively by FoodLegal's Joe Lederman to a Food Law Network Conference in Cologne Germany and a presentation made by FoodLegal lawyer John Gao at the Pharmafood Forum at Melbourne’s Federation Square on 27 June 2008.

This article examines the current legal position on the use of the descriptor ‘Product of Australia’ in circumstances where the packaging is not Australian made. As readers may be aware, ‘country of origin’ claims must be carefully considered to avoid a breach of Sections 52 and 53 (eb) of the Trade Practices Act 1974. Previous FoodLegal Bulletin articles have explained the different eligibility criteria for the use of the respective claims ‘Made in Australia’ and ‘Product of Australia’. This article analyses whether and in what circumstances the origins of the packaging may also be relevant to the higher claim of ‘Product of Australia’.

More on the recent food law developments including:

• High Court case on Franchising Code of Conduct to impact food franchises
• FSANZ proposes to exempt isinglass in beer and wine from allergen warnings and declarations
• China’s tainted milk scandal prompts questions of Australia’s food safety regulators and enforcement processes
• ACCC proposes to authorise dairy pricing agreement