FoodLegal Bulletin, May 2009 >>

FREE ARTICLE!

Companies that want to change a Food Standard in Australia (such as might be necessary to introduce an innovative food technology) have a choice of paying extra money to get their applications to amend the Food Standards Code processed, or not paying and being left in a long queue. This article discusses the implications of this two-tiered system, and its negative impact on food innovation in Australia, its over-burdening of small but savvy food marketing businesses, and the scope for discrimination by a food agency when it is being placed under financial pressure by governments to generate more income to support its own operations.

FREE ARTICLE!

On 30 April 2009, the Australia New Zealand Food Standards Code was amended to set a new Maximum Level for a natural compound in Ready-to-Eat Cassava Chips. Yet, a report from the Codex Alimentarius Commission session where Australia was promoting discussion of an international standard for the same substance has now highlighted the flaws in the standard that has been gazetted and become law in Australia.

FREE ARTICLE!

On 22 April 2009, Ms Susan Anderson, as National Director (Healthy Weight) of the National Heart Foundation of Australia, wrote a letter to FoodLegal Bulletin editor in response to our article published in the April 2009 issue of FoodLegal Bulletin.

In this article, FoodLegal provides commentary and analysis on the latest draft changes to the proposed Nutrition, Health and Related Claims Standard 1.2.7.  We consider the proposed amendments made by FSANZ for this Standard which has had several previous incarnations. The latest draft form was released by FSANZ in its Consultation Paper for FSANZ Proposal P293 on 20 March 2009.

In the current financial climate, many food businesses will face financial difficulties and need to reconsider their relationships and trading terms with suppliers or customers. This article discusses the impact on businesses dealing with companies that are facing insolvency issues or cash flow strains and strategies to minimise the risk to your food supply business.

In the absence of a Food Standard in the Australia New Zealand Food Standards Code governing the use of the claim that a food is ‘kosher’, can food businesses make the claim ‘kosher-friendly’ or ‘kosher-style’? In this article, we examine the legal position on the use of ‘quasi-kosher’ claims.

In these troubled times, anyone involved in a business needs to understand the legal implications of different scenarios that might affect companies in a precarious financial position. Further legal advice is desirable, not least to consider how to take advantage of additional opportunities that may present themselves in the market place because a customer or supplier or a competitor look like going broke. A company experiencing serious financial difficulties may be subject to one of the regimes created by the Corporations Act 2001 to deal with insolvency. This article examines rights and potential liabilities of directors, creditors and members under each regime.

Additional recent food law developments, including:

• Proposed changes in the legal definition of ‘food additive’
• Krispy Kreme’s Iced Dough-Vo dispute with Arnott’s
• Latest Ministerial Council meeting decisions
• ACCC actions on price fixing arrangement during April 2009
• Wine agreements executed to facilitate export of Australian wine to China

The FoodLegal Education Centre is running a full day Food Marketing Law Compliance Training course:

Food Marketing and Labelling techniques to comply with Trade Practices Act (ss 52, 53 & 55 of TPA)

* Gold Coast - Monday 1 June 2009
* Melbourne - Thursday 4 June 2009

Call FoodLegal now on (03) 9606 0022 to book your place now!

For booking and registration information, please click here.

For further information and testimonials about the course, please click here.