Foodlegal Bulletin

Foodlegal Bulletin, December 2008 - January 2009

Why Australian food companies need to consult with government on international food standards
- Date Published | 11 December 2008

FREE ARTICLE!

The CEO of Australia’s food agency, Food Standards Australia New Zealand (‘FSANZ’), has reiterated (in a recent address in Sydney) his desire to “harmonize” the Australia New Zealand Food Standards Code with the international Codex Alimentarius. This article explores whether the standards in Codex Alimentarius really constitute “international food standards”. The writer believes that misinterpretation of a Codex standard by Australian government officials at the Department of Agriculture, Fisheries and Forestry and FSANZ can lead to a situation that threatens Australian food businesses.

Despite being an essential macronutrient, the legal position of Potassium under the Food Standards Code differs significantly from other vitamins and minerals, such as Magnesium or Vitamin C. This article explores the position under the Australia New Zealand Food Standards Code in relation to potassium claims.

Why Australian food producers face unfair disadvantage by AQIS inspection processes for imported foods
- Date Published | 12 December 2008

The main Commonwealth agency that inspects food imports into Australia is the Australian Quarantine and Inspection Service (‘AQIS’). Many imported food products do not comply with Australian laws that regulate the composition and labelling of foods. This article considers some areas of deficiency in the AQIS knowledge base.

A Better Solution for Health Claims: Scope for the ACCC to Regulate the Marketing of Health Benefits and Nutritional Content of Food
- Date Published | 11 December 2008

On 20 June 2008, the Australia and New Zealand Food Regulation Ministerial Council rejected the third draft of the proposed Health Claims Standard (1.2.7) under Proposal P293 that had been submitted by Australia’s food standard-setting agency, Food Standards Australia New Zealand (‘FSANZ’). Some in the food industry in Australia have been able to circumvent aspects of the current restrictions on the making of health claims for food. Yet the the proposed Health Claims Standard is still not finalised after work began by the food regulatory bureaucracy nearly 12 years ago.

This article examines whether aspects of the Health Claims Standard are in fact necessary when considering the potential role that the Australian Competition and Consumer Commission could take to overcome many of the concerns and problems.

The recent Chinese milk/melamine scandal has illustrated the vulnerability of Australian consumers to the risks of unsafe food processing. Although it is not so long ago that the Australian Standard 1.2.11 - Country of Origin Labelling was introduced, the latest consumer scare on Chinese-sourced food may have created the imperative for a fresh review. This article considers how the Standard was considered in the last review and the options now open to food safety regulators and the Australian food industry to address the new concerns.

This article reports on the various cases in the Federal Court of Australia involving the food industry and also considers legal action by the Australian Competition and Consumer Commission (‘ACCC’). Even when some of the actions may not constitute legally binding precedents, they provide valuable insight into government enforcement policies of the Trade Practice Act 1974 (Cth).