FoodLegal Bulletin, August 2010

In our June-July 2010 FoodLegal Bulletin we discussed new technologies in dairy farming. In response to the article, we received a letter from the Supply Chain Regulatory Affairs Manager of Dairy Australia (the body representing all sectors of the dairy industry). FoodLegal publishes this letter in full for the benefit of our readers.

In early 2009, there was an outbreak of Hepatitis A which was alleged to have been caused by viral contamination somewhere in the primary food supply chain or processing line for semi-dried tomatoes. Although the outbreak of Hepatitis A was never proven to have been related to semi-dried tomatoes, and the epidemiological evidence of any link was very sketchy, the issue raised serious questions about weaknesses in food regulation throughout Australia when it comes to monitoring, testing, proving and containing viral outbreaks that are potentially food-borne. This article examines various aspects of these issues including concerns about appropriate and inappropriate responses and a need for action at the highest Ministerial Council level for a proper national approach.

In the June-July 2010 issue of FoodLegal Bulletin, we reported in our Further Developments section, on the case of New South Wales Food Authority v P&M Quality Smallgoods Pty Limited (Primo Smallgoods). This article analyses further aspects of the case.

Standard 1.2.10 of the Australia New Zealand Food Standards Code dictates the circumstances under which a food product’s label must declare the percentage composition of certain ingredients. However, Standard 1.2.10 in conjunction with a User Guide issued by Food Standards Australia New Zealand details a number of situations where, even though an ingredient might be “emphasised”, the percentage composition does not need to be declared.

Packaged foods for retail sale or for catering purposes are required to bear a label setting out specific information prescribed by the Australia New Zealand Food Standards Code (Food Standards Code). What happens to the existing label when address of the food business changes? This article clarifies some relevant compliance issues.

From 1 July 2010, changes to the Food Act 1984 (Victoria) extended the powers conferred on municipal council in food compliance enforcement. This article explores some aspects of these powers.

On 29 June 2010, the State of Victoria Premier John Brumby announced a government proposal by the Victorian Labor government to require food chains to display kilojoule content on their main menu to be rolled out at the end of 2012. The announcement raises a number of legal issues as to the scope and applicability of the new requirements, and this article considers the proposed changes from current law.

• The Greens propose an alcohol and junk food levy
• New Australian Packaging Covenant
• Seafood retailer fined for country of origin labelling
• The New South Wales Government to hold a fast food forum
• NSW Greens’ push to standardize the definition of “free range”
• Yakult submits further technical information to EFSA on probiotic health claims
• The UK Food Safety Authority (FSA) stripped of nutrition and labelling responsibilities
• Olive oil standards in Australia
• World Trade Organisation panel report on apple dispute between New Zealand and Australia.
• New Zealand interim court order lifts ban on kosher slaughter