FoodLegal

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

© Lawmedia Pty Ltd, February 2026   

Australian retail law updates

1.     New prohibition on excessive pricing

The Australian Federal government has passed new laws seeking to prohibit ‘excessive pricing’ by ‘very large retailers’ from 1 July 2026.

The laws will significantly limit the ability of Australia’s two major supermarket groups to set prices freely.

In this February 2026 edition of FoodLegal Bulletin, we have written a FREE article on this topic.

2.     New requirement for supermarkets to accept cash payments

On 1 January 2026, the Competition and Consumer (Industry Codes—Cash Acceptance) Regulations 2025 came into effect.

These regulations require that a supermarket retailer, between 7am-9pm, must ensure that a consumer making an in-person payment for an amount of AUD$500 or less has a reasonable opportunity to make a cash payment.

Food Standards Australia New Zealand (FSANZ) news:

3.     FSANZ commences assessment of Application A1321 - Acetolactate decarboxylase from GM Bacillus licheniformis as a processing aid

On 5 February 2025 FSANZ commenced its assessment of Application A1321 by Novozymes Australia Pty Ltd to permit acetolactate decarboxylase derived from a genetically modified strain of Bacillus licheniformis to be used as a processing aid in brewing processes and other cereal based beverage and beverage alcohol (distilling) processes.

FSANZ will announce an opportunity to comment at a later date.

4.     FSANZ seeks comments on applications for new nutritive substances in infant formula

During January 2026 FSANZ called for submissions from industry in relation to two applications to permit new nutritive substances for use in infant formula products:

·        Application A1339 by CHR Hansen to permit the voluntary use of 2′-FL, 3-FL, LNT, 3′-SL, and 6′-SL, derived from various genetically modified Escherichia coli BL21 strains. Submissions are due by 6 March 2026.

·        Application A1340 by Suzhou Yixi Biotech Co., Ltd to permit genetically modified Escherichia coli BL21 (gene donor: Akkermansia muciniphila) for the production of 2′-FL for use as a nutritive substance in infant formula products. Submissions are due by 12 February 2026.

5.     FSANZ calls for submissions on MRL harmonisation requests

On 22 January 2026 FSANZ called for submissions from industry with respect to Proposal M1023 to harmonise various maximum residue levels (MRLs) for agricultural and veterinary chemicals with international levels.

Submissions are due by 5 March 2026.

6.     FSANZ gazettes amendments to Food Standards Code

On 20 January 2026, FSANZ gazetted Amendment no. 247 to the Australia New Zealand Food Standards Code (Food Standards Code).

The amendments arise from the following Applications:

·        Application A1324 — to permit 3-fucosyllactose as a nutritive substance in infant formula products.

·        Application A1333 — to permit Food derived from purple tomato lines containing event Del/Ros1-N.

7.     FSANZ calls for submissions on applications on new processing aids

During January 2026 FSANZ called for submissions from industry in relation to two applications to permit new processing aids in food manufacture:

·        Application A1332 by Amaea Limited to permit molecularly-imprinted adsorbent resins (molecularly-imprinted polymers or MIPs), which are a type of cross-linked polyester resin, as a processing aid in wine production in Australia. Submissions are due by 24 February 2026.

·        Application A1305 by IFF Australia Pty Ltd to permit the use of the enzyme alpha-amylase from Bacillus licheniformis (containing the gene for alpha-amylase from the gene variant ANZ105) as a processing aid in starch processing, to produce starch hydrolysates, and the production of potable alcohol. Submissions are due by 19 February 2026.

8.     FSANZ commences assessment of Application A1344 - Milk fat globule membrane enriched whey protein concentrate for use as a nutritive substance in formulated supplementary foods for young children

On 8 January 2026 FSANZ commenced its assessment of Application A1344 by Arla Foods Ingredients Group P/S to permit milk fat globule membrane enriched whey protein concentrate for use as an optional nutritive substance in formulated supplementary foods for young children.

FSANZ will announce an opportunity to comment at a later date.

9.     FSANZ approves three new Processing Aids in Food Standards Code

On 18 December 2025 FSANZ approved amendments to the Food Standards Code arising from the following Applications:

·        Application A1292 to permit use of Phospholipase C from Bacillus licheniformis as a processing aid;

·        Application A1293 to permit use of Phosphoinositide PLC from Bacillus licheniformis as a processing aid; and

·        Application A1328 to permit use of Aminopeptidase from Trichoderma reesei as a processing aid.

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

10.  FSANZ commences assessment of Application A1345 - Dextransucrase from Bacillus subtilis as a processing aid

On 18 December 2025 FSANZ commenced its assessment of Application A1345 by IFF Australia Pty Ltd to permit dextransucrase from Bacillus subtilis as a processing aid for the in-situ production of oligosaccharides in sucrose-containing foods.

FSANZ will announce an opportunity to comment at a later date.

Australian Competition and Consumer Commission (ACCC) news:

11.  ACCC commences proceedings against alleged subscription traps

On 16 December 2025, the ACCC commenced separate Federal Court proceedings against subscription-based meal services Grocery Delivery E-Services Australia Pty Ltd (trading as HelloFresh) and Youfoodz Pty Ltd, alleging that each business misled consumers over subscriptions. Both companies are owned by HelloFresh SE.

The ACCC is alleging that the two companies advertised on their websites that consumers could cancel their subscription through their account settings prior to a specified cut-off time. However when consumers attempted to cancel prior to the first delivery cut-off time, many consumers were still charged for (and received) their first order. Customers were also only able to cancel their first delivery if they spoke with a customer service agent.

Approximately 101,000 consumers were charged a fee under similar circumstances. The ACCC is seeking consumer compensation, penalties, implementation of a compliance program, declarations, publication orders and costs.

12.  Federal Court finds button battery non-compliance

In Australia, the use of button batteries (e.g. when used by products or product packaging) is governed by mandatory standards which include labelling requirements.

On 12 December 2025 the Australian Federal Court found that Fewstone (a fashion retailer trading as City Beach) breached the Australian Consumer Law by selling consumer products which did not comply with button battery safety and information standards. Approximately 60 product types (including toys, digital notepads, keyrings and lights) were sold between June 2022 and October 2024.

This was the first court proceeding brought by the ACCC for breach of the mandatory button battery safety standards.

The Court ordered that City Beach implement a consumer law compliance program and undertake advertising as part of its product recall. The Court is yet to decide on an appropriate penalty and award costs.

13.  ACCC consults on update to baby bath aids standard

On 4 February 2026 the ACCC opened consultation on proposed changes to the Consumer Goods (Baby Bath Aids) Safety Standard 2017.

The proposed changes relate to the inclusion of additional references to appropriate voluntary overseas standards that provide an equivalent or better level of safety. Compliance with one or more of these standards can be used to demonstrate compliance with the ACCC standard.

Submissions are due by 6 March 2026.

Other Australian regulatory news:

14.  Australian Government proposes voluntary code for fake meat labelling

On 30 January 2026 the Australian Federal Government announced that it will develop a voluntary Industry Code of Practice for plant-based meat-alternative products.

The Government claims that the voluntary ode will provide guidance regarding the use of animal imagery, meat-specific terminology, the prominence of plant-based qualifiers, and the establishment of a complaints mechanism.

Primary production and farming groups have claimed that a voluntary code will not do enough to protect consumers from the use of traditional meat descriptors in a deceptive way.

The farming groups are also demanding that the Code of Practice should impose mandatory requirements rather than being voluntary.

15.  Review of Horticulture Code of Conduct

On 28 January 2026 the Australian Government announced a review of the Horticulture Code of Conduct.

The Horticulture Code of Conduct is a mandatory industry code that regulates trade between growers and traders of fresh fruits, vegetables and nuts. The review will consider whether the Code is effective, whether amendments are required to its scope or specific provisions, as well as whether industry is aware of and complies with the provisions of the Code.

Submissions are due by 6 March 2026.

16.  DAFF consultation on the National Standard for Organic and Bio-Dynamic Produce

On 12 January 2026, the Australian Department of Agriculture, Fisheries and Forestry (DAFF) opened submissions on proposed changes to the National Standard for Organic and Bio-Dynamic Produce (Organic Standard).

The Organic Standard applies to organic products that are exported from Australia, and is also used as the basis for several industry-based organic standards.

The proposed changes relate to the following sections of the Organic Standard:

·        Section 1.2 - Conversion of land

·        Section 1.23 - Bee Products

·        Section 5 - Labelling and advertising

·        Appendix H - Substances permitted as food additives, including carriers for all products

·        Appendix L - Permitted processing aids for livestock products

Submissions close on 11 February 2026.

17.  DAFF advises on new listing requirements implemented by Turkiye

On 2 January 2026, DAFF advised that Turkiye is implementing new listing requirements for milk and milk products. From 1 January 2026, exports of milk and milk products to Turkiye must come from listed export-registered establishments.

The DAFF Manual of Importing Country Requirements (MICOR) has been updated to reflect this.

18.  DAFF issues industry advice on updated import conditions for fresh melons from Japan

On 30 January 2026, DAFF made the following announcements via an Import Industry Advice Notice (IAN):

·        Import conditions for fresh melons from Japan, for human consumption, are available on BICON. All varieties of melon fruit (Cucumis melo) are permitted to be imported such as muskmelon, rockmelon and honeydew melon. However, oriental melons or oriental pickling melons are not permitted to be imported.

·        From 2 March 2027, whole melons that are fresh and ready-to-eat melons (either fresh or frozen) will be classified as a risk food under the Imported Food Control Order 2019. Every consignment entering Australia will be checked for compliance, including checking a recognised Food Safety Management Certificate (FSMC) is provided.

19.  DAFF classifies enoki mushrooms and kava as risk foods

On 2 March 2026, the following will be classified as risk foods under the Imported Food Control Order 2019:

-        Fresh enoki mushrooms; and

-        Kava products from New Zealand

All consignments of these products will be checked for compliance at the Australian border.

20.  AICIS proposes revisions to categorisation guidelines

The Australian Industrial Chemicals Introduction Scheme (AICIS) recently consulted on proposed changes to the Industrial Chemicals Categorisation Guidelines. Consultation closed 28 January 2026.

AICIS proposed to:

·        Add 249 chemicals to the list of high hazard chemicals;

·        Update 121 chemical entries;

·        Remove 2 chemicals and correct a CAS number; and

·        Revise the definition of a ‘chemical identity holder’.

21.  Ad Standards dismisses complaint against ‘cream’ representation

On 5 November 2025, the Ad Standards Community Panel dismissed a complaint against Mondelez International regarding its online OREO advertisement.  The complainant argued that the OREO advertisement breached section 2.1 and 2.4 of the Food and Beverage Advertising Code by false misrepresenting there was cream in the centre of the biscuit. In reality, the product contained no cream or dairy but rather a sweet biscuit filling.

The advertiser responded that a reasonable consumer would understand the use of the word ‘cream’ in the context of the advertisment as not referring to a literal dairy product but a sweet and soft food filling. The advertiser argued that it is “widely known” that OREO biscuit does not usually contain dairy. The advertiser used the example of ‘strawberry and cream’ lollies which do not actually contain dairy cream.

The Ad Standards Community Panel decided that the ordinary Australian consumer would expect that the filling had a creamy texture and sweet substance, but not expect that it contained dairy or cream in general.

22.  TGA final decision to amend the Poisons Standard

On 19 January 2026, the Australian Therapeutic Goods Administration (TGA) published a notice of its final decisions to amend the current Poisons Standard in relation to the following substances:

·        Ethyl lactyl retinoate;

·        Intravenous potassium salts;

·        Fenmezoditiaz;

·        Belantamab mafodotin;

·        Imlunestrant;

·        Loncastuximab tesirine;

·        Mirvetuximab soravtansine;

·        Sodium thiosulfate anhydrous; and

·        Tofersen.

The above substances will be listed as poisons and their use will be restricted to certain product categories such as prescription-only medicines.

The amendments took effect on 1 February 2026 for all substances except Potassium salts, which will be amended on 1 February 2027.

23.  TGA proposed amendments to Poisons Standard

On 23 December 2025, the TGA opened consultation regarding proposed amendments to the Poisons Standard.

The TGA proposes the following changes:

·        First-generation sedating antihistamines — reclassification is proposed from Pharmacy medicines (Schedule 2) to Pharmacist-only medicine (Schedule 3), when formulated for use in children under 12 years of age.

·        Melatonin — melatonin’s dosage forms, strengths and access for adults aged 18 and above would increase under the proposed amendments. Melatonin would be removed from schedule 3 as Pharmacist-only medicine and a new entry in Pharmacy medicine (Schedule 2) would be created.

·        Flufenoximacil — there would be a new Caution (Schedule 5) entry as a professional agricultural herbicide.

·        Oxalic Acid — a new Caution (Schedule 5) entry would be created.

·        Methylene blue — all preparations for internal use would be included in Prescription-only medicines (Schedule 4).

Submissions closed on 29 January 2026. The TGA also recently consulted on proposed changes to the listing for Adrenaline. Submissions closed 12 January 2026.

24.  TGA releases statement for industry on sunscreen labelling practices

On 23 January 2026, the TGA released a statement to guide industry in response to reports of some companies allegedly using the same Australian Register of Therapeutic Goods (ARTG) listing number (AUST number) for multiple sunscreen products that have different names or different intended uses from those recorded in the ARTG.

The TGA is advising that:

·        The name and indications on the label of a sunscreen must match the details listed in the ARTG for the specific AUST number of the product on its label.

·        If the details differ, then the product is not listed in the ARTG, even if there is an AUST number on the label.

·        A company that manufactures, advertises or supplies a sunscreen that is not listed may be committing a criminal offence and be liable for penalties.

25.  TGA consults on adoption of international scientific guidelines

The TGA is consulting on adoption of 23 international scientific guidelines which are considered for manufacture and supply of medicines. The TGA has adopted approximately 370 guidelines currently.

Submissions close on 10 February 2026.

New Zealand:

26.  NZ MPI updates Consolidated List of Tests for Animal Products

In December 2025, the New Zealand Ministry for Primary Industries (MPI) published its updated ‘Consolidated List of Tests for Animal Products’.

The updates include the following:

·        New tests added for EU ‘Group B’ water testing (this also applies for China, USA, Canada, and Great Britain); and

-            Bisphenol A – CLT Ref 5.47

-            Chlorate – CLT Ref 5.48

-            Chlorite – CLT Ref 5.49

-            Haloacetic acids (HAAs) – CLT Ref 5.50

-            Microcystin-LR – CLT Ref 5.51

-            Sum of PFAS – CLT Ref 5.52

-            Uranium – CLT Ref 5.53

·        Updated E. coli O157 for USA and Canada (23.1 and 23.1.1).

The amendment will take effect from 17 December 2025.

27.  NZ MPI updates food safety plan

In December 2025, NZ MPI updated its ‘My Food Plan’ (MFP) documentation for food businesses. The MFP documentation includes templates and guidance for New Zealand food businesses and manufacturers.

There are three new updated documents:

·        ‘Ensuring your water is suitable’ (replaces ‘Suitable water')

·        ‘Allergens and knowing what is in your food or drink’ (replaces ‘Knowing what’s in your food’)

·        ‘Recalling your food or drink’ (replaces ‘Recalling your food’)

28.  NZ MPI proposes update to animal products guidance document

On 15 February 2026, the NZ MPI opened a consultation regarding proposed changes to the 'Concentration or Drying' section of the 'Animal products guidance document: Further processing’. The guidance provides practical information for operators on the requirements and best practices for drying non-dairy animal products under the NZ Animal Products Act.

The proposed changes includes sections with information relating to:

·        Pathogens that may be resistant to inactivation during drying (for example Salmonella);

·        Development and validation of a drying process; and

·        Implementation of validated procedures.

Submissions close on 12 February 2026.

29.  NZ District court finds that the ‘TV Shop’ staff mislead consumers by writing positive reviews

On 17 December 2025, following prosecution by the NZ Commerce Commission, the NZ District Court found that staff who worked for Brand Developers Ltd (BDL) (trading as ‘The TV Shop’), misleadingly wrote ‘customer’ reviews themselves in breach of the NZ Fair Trading Act. The TV Shop staff wrote misleading positive reviews and the company prevented low rating reviews from being published on their own website.

The Court also found that the TV Shop engaged in misleading conduct by misrepresenting consumers rights to refunds or other remedies and made false claims about ‘free’ or ‘bonus items’. These actions, committed over a 4-year period, lead to the court finding the TV Shop breached the Fair Trading Act 13 times. The matter has now progressed to a separate hearing to determine penalties.

30.  NZ Commerce Commission issues warning to Woolworths over potential competition law breach

On 21 January 2026, the NZ Commerce Commission issued a warning to Woolworths NZ regarding a perceived breach of the NZ Grocery Industry Competition Act.

The Commerce Commission took this action following an audit of New Zealand supermarket delisting processes. In New Zealand, the delisting of products by supermarkets is subject to restrictions under the Grocery Supply Code.  

United Kingdom

31.  United Kingdom bans junk food television advertising

On 5 January 2026, a ban on the advertisement of so-called ‘junk food’ took effect in the United Kingdom.

Section 321A of the UK Health Care Act prohibits television programmes broadcast between 5.30AM and 9PM from including advertisements for identifiable less healthy food or drink.

European Union

32.  European Union delays implementation of deforestation regulation

On 17 December 2025, the European Parliament adopted European Commission (EC) proposal to delay the implementation of the European Union Deforestation Regulation (EUDR) for 12 months.

The regulation will now come into effect on 30 December 2026 for large EU businesses and 30 June 2027 for smaller businesses. The EUDR requires businesses to ensure products were not produced on land subject to deforestation after 31 December 2020.

United States:

33.  US FDA releases annual monitoring report for pesticide residue in food

On 22 December 2025, the United States Food and Drug Administration (FDA) released its annual Pesticide Residue Monitoring Program Report for Fiscal Year 2023. The report summarises findings from FDA testing of human and animal foods for 781 pesticides and industrial compounds.

The report concluded that the levels of pesticide residues generally complied with EPA pesticide tolerances as 97.2% of domestic samples and 86.5% of import samples for human food met relevant residue limits. For animal foods, the figures were 97% of domestic samples and 97.6% of import samples.

34.  US FDA releases PFAS in food report

On 19 December 2025, the US FDA released per- and polyfluoroalkyl substances (PFAS) results for six Total Diet Study (TDS) collected in 2024. The purpose of the reporting was to determine average exposure to PFAS from foods, prioritize foods for future monitoring and guide FDA activities.

Based on the studies, the FDA found that 92.8% of samples (total 542) detected no PFAS, whereas 7.2% had trace detections of one or more PFAS. The FDA currently tests for up to 30 PFAS in various foods, including bread and grains; fruits and vegetables; meat, eggs, and dairy products and seafood.

35.  US FDA issues Request for Information regarding gluten ingredient disclosure

On 22 January 2026, the US FDA issued a Request for Information regarding labelling and the prevention of cross-contamination of gluten in packaged foods.

The FDA is seeking information on adverse reactions due to ‘ingredients of interest’. These ingredients are non-wheat gluten containing grains such as rye, barley and oats. The FDA is also seeking information on issues and concerns with the labelling of those ingredients on packaged foods in the US.

Submissions close on 23 March 2026.

This is general information rather than legal advice and is current as of 9 Feb 2026. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.