FoodLegal

By Joe Lederman and John Thisgaard (FoodLegal Co-Principals)  

© Lawmedia Pty Ltd, October 2025  

Food Standards Australia New Zealand (FSANZ) News 

1.     FSANZ begins Proposal P1066 – Review of young child formula

On 30 September 2025, FSANZ commenced work on Proposal P1066 – Review of young child formula. Young child formula refers to formula products that are suitable for children aged 1-3 years and are regulated as ‘formulated supplementary foods for young children’ under Standard 2.9.3.

Proposal P1066 will involve a comprehensive review of Standard 2.9.3 as it relates to young child formula, but other formulated supplementary foods are not in the scope of the review.

The potentially affected standards and schedules are as follows:

·        Standard 1.1.1, 1.1.2 and 2.9.3

·        Schedules 15, 17, 18, 19, 25 and 29.

The first round of public submissions is planned for early 2026.

2.     FSANZ publishes amendment to Food Standards Code

On 16 September 2025, amendment no. 244 to the Australia New Zealand Food Standards Code (Food Standards Code) was published, including amendments from Application A1315 – Chitosan and (1,3)-beta-glucans from white button mushrooms (Agaricus bisporus) as a food additive.

These amendments have now been incorporated into the Food Standards Code.

3.     FSANZ commences assessment of new applications

FSANZ has commenced its assessment of the following Applications:

·        On 16 September 2025, FSANZ completed an administrative assessment of Application A1338. The applicant, Chr. Hansen Pty Ltd, seeks to use Triacylglycerol lipase from Komagataella phaffii expressing a triacylglycerol lipase from Yarrowia lipolytica as a processing aid.

·        On 23 September 2025, FSANZ completed an administrative assessment of Application A1340. The applicant, Suzhou Yixi Biotech Co. Ltd, seeks to use 2'-FL from GM Escherichia coli BL21 (gene donor: Akkermansia muciniphila) for use as a nutritive substance in infant formula products.

·        On 2 October 2025, FSANZ completed an administrative assessment of Application A1339. The applicant, Chr. Hansen A/S, seeks to permit the use of 2′-FL, 3-FL, LNT, 3′-SL, and 6′-SL from GM Escherichia coli BL21 as nutritive substances in infant formula products.

4.     FSANZ approves variations to Food Standards Code

On 17 September 2025, FSANZ approved variations to the Food Standards Code arising from the following application and proposal:

·        Proposal P1060 (Egg Food Safety and Primary Production Requirements) to strengthen primary production and food safety measures for eggs. The proposal assessed microbiological risk, particularly for Salmonella enteridis.

·        Application A1288 from IFF Australia Pty Ltd (Danisco) to permit use of the enzyme thermolysin as a processing aid. Any approved usage would be for protein hydrolysis in the manufacture and/or processing of dairy foods, eggs, meat and fish, protein concentrates and isolates, yeast and in beer brewing.

FSANZ has notified the Food Ministers’ Meeting of its approvals. Food Ministers have 60 days to request FSANZ to review its decision or inform FSANZ they do not intend to request a review.

5.     FSANZ completes post-market review of human-identical milk oligosaccharides

On 25 September 2025 FSANZ announced it had completed its five-year review of voluntary addition of 2′-FL and LNnT, human-identical milk oligosaccharides (HiMO) to infant formula products

The addition of these substances was permitted as a result of several applications from industry since 2020. FSANZ concluded that the evidence of the addition of 2′-FL and LNnT from microbial sources to infant formula products has bifidogenic and anti-pathogenic benefits for infants based on the ongoing evidence assessed.

FSANZ will provide the full outcomes of its review to food ministers in November 2025.

Australian Competition and Consumer Commission (ACCC) News 

6.     ACCC does not oppose agribusiness merger, subject to conditions

On 9 October 2025 the ACCC announced it would not oppose the proposed acquisition of Delta Agribusiness by Elders Limited, subject to a court-enforceable undertaking that commits Elders to divest six Delta stores in Western Australia.

Elders and Delta supply rural merchandise including seed, fertiliser, animal health products and related services. The ACCC reviewed the proposed acquisition, finding that it would be unlikely to substantially lessen competition due in part to the more localised competition that exists in the market for rural merchandise.

The ACCC was concerned that the acquisition would reduce competition in several areas in Western Australia, and has therefore made its approval contingent on a court-enforceable undertaking for Elders to divest the acquired Delta locations in these areas.

7.     Federal court orders The Good Guys to pay $13.5 million penalty for misleading store credit promotions

On 9 September 2025, the Australian Federal Court ordered the Good Guys Discount Warehouses (Australia) Pty Ltd to pay AUD$13.5 million in penalties for misleading conduct in contravention of the Australian Consumer Law (ACL). This conduct was in relation to its store credit ‘StoreCash’ promotions.

Although this case did not involve a food business, it demonstrates that the use of promotions such as the provision of credit can be misleading if it is subject to conditions or qualifications that are not made clear to consumers.

Between July 2019 and August 2023, 116 promotions were run by The Good Guys where they offered customers store credit if they spent a minimum amount or purchased a specific brand or product or used a particular payment method. The amount of credit varied between $10 and $1,000. The Good Guys admitted they did not disclose or adequately disclose that the store credit expiry period was as short as 7 or 10 days. The Good Guys also admitted that they failed to provide about 21,500 consumers with store credit within the timeframe specified.

8.     ACCC initiates proceedings against JustAnswer for alleged misleading prices and other misleading behaviour

On 23 September 2025, the ACCC initiated proceedings against JustAnswer LLC for allegedly engaging in misleading conduct in contravention the ACL. The alleged misleading conduct included representing an affiliation with the Australian Ombudsman and government agencies, as well as the cost of its online question and answer service.

Although this case does not involve a food business, it illustrates that the use of affiliations or endorsements must not be misleading. It also demonstrates that the pricing for subscription-based services must not be presented in a way that is misleading.

The ACCC alleges that JustAnswer misled consumers by falsely representing that its services were affiliated with the Australian Ombudsman. The ACCC also alleges that from 1 November 2022, JustAnswer falsely represented that customers could use the online question and answer service for $2 AUD. Whereas, customers were subject to an ongoing monthly subscription varying between $50 and $90. The higher fee was only shown when consumers were required to pay.

Department of Agriculture, Fisheries and Forestry (DAFF) news

9.     DAFF proposes changes to the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021

On 29 September 2025, DAFF published an import industry advice notice of proposed changes to the Biosecurity (Conditionally Non-prohibited Goods) Determination 2021. DAFF has opened consultation on these proposed changes.

The proposed changes include clarification that a list of commodities will not require an import permit when alternative conditions in the Goods Determination are met. The products relevant to food business include:

·        Microalgae for human food, beverage, therapeutic or cosmetic use, when the microalgae species is listed on the approved microalgae list, and individual packages are 1kg or less, and are commercially manufactured and are retail ready.

·        Microalgae for human food, beverage, therapeutic or cosmetic use, when the goods contain no more than 5% microalgae, and are commercially manufactured and are retail ready.

The proposed changes also include four new lists of approved ingredients:

·        List of Approved Ingredients in Retail-ready Goods for Animal or Human Related Purposes

·        List of Approved Ingredients in Retail-ready Goods that are not for Direct Exposure to Livestock

·        List of Approved Ingredients that are not for Direct Exposure to Livestock

·        List of Approved Ingredients for Animal-related Purposes

Submissions close on 24 October 2025.

10.  Mutual recognition arrangement between India and Australia takes effect

On 24 September 2025, DAFF released a market access advice which advised that there is a mutual recognition arrangement (MRA) between India and Australia.

Under the MRA, organic products that have been certified to the Australian export standard for Organic and Bio-dynamic produce may be exported to India and labelled and marketed as organic without the need for additional certification against India’s National Programme for Organic Production.

The MRA applies to the import and export of the following goods:

·        Unprocessed plant products, excluding seaweed, aquatic plants and greenhouse crops;

·        Processed foods composed of one or more ingredients of plant origin, and

·        Organic wine.

11.  DAFF Update on biosecurity analysis for fresh melon fruit import from Japan

In September 2025, DAFF released a report based on a biosecurity analysis conducted on 30 August 2023 on certain fresh melon fruit products. The report investigated 4 pests associated with melons with Japan that required risk management measures: pumpkin fruit fly (Zeugodacus tau), intonsa flower thrips (Frankliniella intonsa), western flower thrips (Frankliniella occidentalis) and melon thrips (Thrips palmi).

The report recommended that all commercially produced melon fruit imports from Japan be permitted except oriental melon and oriental pickling, provided compliance with biosecurity measures.

12.  Alcoholic beverages added to organics equivalence agreement with Japan

On 1 October 2025, DAFF issued a market access advice on an update to Australia’s equivalence agreement with Japan. An equivalence agreement is an agreement that stipulates conformity of exporting products’ standards and regulatory requirements across markets.

Under the equivalence agreement, organic products that have been certified to the Australian export standard for Organic and Bio-dynamic produce may be exported to Japan and labelled and marketed as organic without the need for additional certification against Japanese standards for ‘organic’ products.

The scope of the equivalence agreement has now broadened to include alcoholic beverages. The equivalence agreement had up until now included the following areas:

·        organic plant and organic plant products

·        organic livestock products

·        organic processed food

13.  Australian egg exporters subject to improved market access advice on egg and egg products

On 30 September 2025, DAFF issued a market access advice on egg and egg products following Australia’s declaration of freedom from High Pathogenicity Avian Influenza (HPAI). As a result, new certifications are available for better access into various markets:

·        For New Caledonia — Certifications for poultry meat and poultry meat products, canned and dried petfood containing poultry, ostrich and emu meat and meat products and offal and table and heat treated processed egg products is now available for all Australian product that has been slaughtered or laid on or after 13 September 2025.

·        For Canada — Certification for rendered poultry meals is now available for all Australian product containing ingredients derived from poultry and avian animals produced on or after 13 June 2025.

·        For Solomon Islands — Certifications are available for poultry and poultry meat from all of Australia that has been born, reared and slaughtered on or after 13 September 2025.

·        For Israel — Certification is available for products for the manufacture of non-pharmaceutical items and technical and pharmaceutical products containing poultry, for all Australia for products collected, processed and produced on or after 13 September 2025.

Other Australian food regulatory news

14.  Poisons Standard updated

On 1 October 2025, the Therapeutic Goods (Poisons Standard—October 2025) Instrument 2025 came into effect. This latest version supersedes the Therapeutic Goods (Poisons Standard—June 2025) Instrument 2025.

The new changes include amending or including new entries for the following scheduled substances

·        chlorthal-dimethyl;

·        diethylene glycol;

·        ethylene glycol;

·        fenbendazole;

·        fluticasone propionate;

·        methenamine.

The new instrument also incorporates entries in the following schedules:

·        in Schedule 4—atinvicitinib, etomidate, tasipimidine sulfate, verdinexor, and 8 new chemical entities;

·        in Schedule 5— 1-aminocyclopropane-1-carboxylic acid; and

·        in Schedule 6—(Z,E)-7,9,11-dodecatrienyl formate.

15.  TGA consults on Poisons Standard amendments

The TGA is consulting on proposed amendments to the Poisons Standard, for consideration in November 2025, in relation to:

·        Vitamin D;

·        Isotretinoin;

·        Mannitol;

·        Efepoetin;

·        Oxalic Acid; and

·        Hydroquinone.

Consultation closes 17 October 2025.

16.  TGA issues infringement notices to Midnight Health for unlawful advertising

On 29 September 2025, the TGA issued 10 infringement notices to Midnight Health Pty Ltd for allegedly advertising prescription-only weight loss medicines in contravention of the Therapeutic Goods Act 1989. Advertising prescription-only medicines are prohibited, with infringement notices totalling $198,000.

Midnight Health also entered into an enforceable undertaking, requiring the company to not advertise in a manner that contravenes the Therapeutic Goods Act, as well as regularly reporting on actions that demonstrate compliance.

17.  TGA proposes updates to GMP Guidelines

On 7 October 2025 the TGA proposed updates to its Good Manufacturing Practice Guidelines.

The proposed amendments relate to Chapter 1 (Pharmaceutical Quality System), to reflect modern risk management principles and improve product quality reviews and to align with the requirements set out in Pharmaceutical Inspection Co-operation Scheme (PIC/S).

Comments on the proposed changes are due by 3 December 2025.

18.  South Australia bans fish-shaped soy sauce containers

On 1 September 2025, bans on the supply of fish-shaped soy sauce containers took effect in South Australia.

Each Australian State and Territory restricts the supply of single-use plastics including plastic straws, cutlery and some food containers. While many of these restrictions overlap, there are State-by-State differences regarding the exact items that are banned and the timelines for when bans come into effect. As at October 2025, South Australia is the only Australian state to ban single-use soy sauce containers.

19.  WA expands Container Deposit Scheme

On 10 September 2025 the West Australian Government announced that it will expand its container deposit scheme to include containers for juice, milk (1-3L), wine and spirits from late 2027. Western Australia intends to make these changes from 2026.

Each Australian State and Territory has its own contained deposit scheme, under which ‘eligible containers’ may be returned by consumers for a 10 cent refund. Although there is significant overlap between each scheme, there are differences in the types of beverage containers that some States will accept. New South Wales and South Australia have already announced plans for similar expansions.

From 1 January 2026, Western Australia will also not accept PVC bottles, caps and labels as part of its container deposit scheme.

20.  OGTR invitation to comment on the commercial release of a genetically modified tomato

On 11 September 2025, the Office of the Gene Technology Regulator (OGTR) received an application from All Aussie Avocados Pty Ltd, to seek permission to commercially cultivate a genetically modified (GM) tomato for the trait of purple fruit colour. If the application is successful, the GM tomato will be permitted for commercial cultivation. Any use of a GM ingredient in food for sale also requires separate approval by FSANZ.

The OGTR has prepared a risk assessment and risk management plan for the application. The OGTR is open to submissions and will only issue the license after consultation.

Submissions close on 3 November 2025.

21.  ABAC Code breaches

The Alcohol Beverages Advertising Code (ABAC) panel published the following decisions related to breach of the ABAC Code in October 2025.

a)     Hard Fizz

The ABAC Panel found that an Instagram post related to an alcoholic beverage breached the Code. The post contained the following promotion: "“@hard_fizz keeping us coastal cowgirls hydrated at our Let’s Western retreat

This is general information rather than legal advice and is current as of 13 Oct 2025. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.