FoodLegal Bulletin, May 2010

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On 14 April 2010 the Trade Practices Amendment (Australian Consumer Law) Bill 2009 became law. This Bill creates a series of new laws, penalties and enforcement options in the event of a breach of the Trade Practices Act. One of these new enforcement options is a disqualification order which could allow the Australian Competition and Consumer Commission to seek to have a person disqualified from ever managing a business. This article examines the circumstances in which a disqualification order can be sought, as well as a general overview of the new "Australian Consumer Law".

This article highlights a recent enforcement action taken by the ACCC against a misrepresentation as to the origin of a food product and further analysis of the significant legal issues relevant to a “local” claim.

In June 2009, Canada became the first country in the world to move to ban the commercial use of bisphenol A, often present in plastics which can be commonly used as a food contact material, such as for baby bottles. Since the Canadian ban, other countries have followed suit, with many more regulatory authorities reassessing the risks of human exposure to bisphenol A. This article examines the concerns over the use of BPA, particularly in baby products, and contrasts the response of FSANZ with the measures taken by authorities in other countries.

The food industry has a vested interest, mainly connected to economics, in reducing waste that emanates from its manufacturing and primary production facilities. The costs of disposal, detrimental environmental effects and reduction in profit are incentives to find creative solutions to food that might not meet the required standards or some other legal requirement, government incentive program or internal quality measure. Putting aside all other factors what, if any, are the compliance issues?

This article analyses some of the key legal responsibilities of food safety auditors. It begins with the examination of the position in Victoria under the Food Act 1984 (Vic) and the requirements of the Department of Human Services in the form of the service agreement to be signed by the food safety auditor for the purposes of being a food safety auditor conducting a food audit regulated by that Act. The article examines equivalent provisions in other Australian jurisdictions and considers the areas of legal risk in different aspects of food auditing, under statutory obligations, contractual obligations and common law duties.

By 2011, the New South Wales government will roll out a voluntary "Scores on Doors" system for rating food hygiene standards in restaurants, cafes and takeaway shops. This article discusses the nature and the anticipated legal consequences of the system which is designed to enable customers to make better informed choices and reward businesses for good food safety practices.

Further additional food law developments, including:

• Food Regulation Ministerial Council continues to scrutinise caffeinated energy drinks
• FSANZ notifies of raft of potential changes to the Food Standards Code
• Scientific review ought to prompt re-assessment of health benefits of whole grains
• Mars looks to protect patents in relation to cocoa flavonols
• European traders threaten to boycott WA product after GM approval
• New Hong Kong food labelling regime should interest food exporters
• New nationally-consistent weights and measures scheme to be introduced