FoodLegal Bulletin, March 2009>>

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This article was commissioned and published by the Australian Network of Environmental Defender's Offices in the December 2008 issue of “Impact!” (a National Journal of Environmental Law).

The topic of giving preferential treatment to locally-produced food has been in the news of late. For example, the respective governments of both Western Australia and South Australia have initiated marketing campaigns to encourage consumers to purchase local produce. The South Australian government launched its “Buy South Australian, it’s better for you” scheme in December 2008, while Western Australia launched the “Buy West, Eat Best” campaign in May 2008.

Legal care needs to be taken with voluntary trade promotions and claims. This peer-reviewed article by Joe Lederman addresses the legal issues and liabilities that may arise under Australian law in the event that claims of origin for a product are able to be interpreted by consumers as an environmental or “green” claim that is not founded on proper science or where a claim to “environmental superiority” for a food is not properly substantiated. This article looks at the convergence of origin claims and “green” claims in the Food Miles concept.

The article provides a strong caution for the food providers and consumers alike.

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On 4 March 2009, it was reported that Australia’s most well-known consumer activist group Choice, had published results of an investigation into food products that promoted the alleged health benefits of antioxidants and other fortifications. Choice’s investigation particularly targeted the marketing of juice products. Any food manufacturer or distributor marketing the health benefits of antioxidants or the fortification of their products must ensure not only that the products comply with the Australia New Zealand Food Standards Code but also comply with the Trade Practices Act.

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In response to our article “Cassava products food standard update and international review at Codex Alimentarius” in the February 2009 issue of FoodLegal Bulletin, FoodLegal received an email from the Chief Scientist of Food Standards Australia New Zealand (FSANZ). We believe that this article and FSANZ’s approach to Proposal P1002 demonstrates how FSANZ’s international agenda can affect our domestic food industry.

Food manufacturers, exporters, supermarkets and other fresh produce businesses that buy their own fruit or vegetables from growers need to review their own produce buying arrangements, in light of the ACCC’s recommendations to broaden the application of the mandatory Horticulture Code of Conduct.  The ACCC has proposed broadening the types of businesses and business practices that will be affected by proposed amendments to the Code.  This article (of 3,000 words) addresses some of the key issues in relation to the ACCC recommendations.

On 20 February 2009, Preliminary Draft Policy Guidelines for a front-of-pack labelling scheme for Australia were released by the inter-government policy body known as the Food Regulation Standing Committee through its Working Group on the subject.  This Working Group also released a Consultation Paper seeking input and comments from stakeholders.  This article of 1,500 words explains the latest government moves about front-of-pack labelling and the policy options being considered by governments in Australia.

A recent report released in the United States has found that there is insufficient evidence to support the U.S. Food and Drug Administration (FDA) definition of whole grains for a health claim. This article explores the current Australian position in relation to whole grains and health claims.

More of the latest food law developments including:

• Inquiry into meat marketing now underway
• Metcash agrees to amend its supplier agreements as ACCC continues to investigate
• Hotel reprimanded by ACCC for stating that the ACCC had approved of its advertising materials
• Applications before FSANZ to amend the Food Standards Code