Foodlegal Bulletin

FoodLegal Bulletin, August 2009

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On 10 June 2009, the Food Amendment (Regulation Reform) Bill 2009 was introduced into Parliament. The new Bill proposes changes to reform the Victorian Food Act 1984 in order to create an improved approach for regulating the safety of food sold for human consumption. The Victorian government says that the legislation has the purpose of reducing the regulatory burden on food businesses registered under the Food Act. These amendments do not affect businesses registered under the Dairy Act 2000 (VIC) or the Meat Industry Act 1993 (VIC) as these two key Acts are not part of this revision. This article examines the amendments proposed in the Bill.

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Last month we published an article reporting that the mandatory fortification of bread-making flour with folic acid which Australian flour millers must comply with by 13 September 2009. A recent report of a study made in Canada has found that mandatorily-fortified foods are being inappropriately dosed outside the labelled amounts of the fortification, with such foods containing from 90% to 377% of the folic acid which the food purported to contain, as written on the product label. The Canadian government introduced mandatory fortification of flour-based products more than 10 years ago, one of the first Western countries to do so after the USA. Pasta, breads, cookies and cereals are among the products in Canada currently fortified with folic acid.

How real is "Real"? When can companies describe their products as "Genuine" or "Real" or "Authentic"?
- Date Published | 10 August 2009

The need for mass-production as a means of efficient food production sometimes arouses the ire of other food businesses that specialise in the ‘traditional’ method of production. However, a legal issue can arise when a mass production manufacturer claims to be producing the ‘genuine’ or ‘authentic’ food product made in a ‘traditional’ manner. This article considers such circumstances and the legal implications.

In recent years, more food companies have submitted applications to Food Standards Australia New Zealand (FSANZ), seeking to amend the Australia New Zealand Food Standards Code for the usage of plant sterols (or phytosterols) as novel food ingredients in a range of additional food products. This article examines some of the applications and permitted uses of plant sterols in foods in Australia and the pending FSANZ Applications.

Any business that sells food in Australia is obliged by law to provide customers with certain information about the food products being sold. The legal requirements in relation to unpackaged foods are different from the requirements pertaining to packaged food. This article examines the legal position in relation to restaurants, and takeaway scenarios for pre-prepared semi-processed foods delivered to a retail outlet.

A food company that has developed a new food type or a very innovative food-processing technique may be required to apply to the responsible government agency Food Standards Australia New Zealand (FSANZ) to amend the Australia New Zealand Food Standards Code (Food Standards Code) before that product or process can be used in Australia. Food companies may be unaware that proprietary information they divulge during the application process is potentially vulnerable to being scrutinized by competitors unless extra precautions are taken.