FoodLegal

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

© Lawmedia Pty Ltd, April 2026   

Food Standards Australia New Zealand (FSANZ) news:

1.     FSANZ approves changes to caffeine permissions

On 24 March 2026 FSANZ approved Proposal P1056 to amend the permissions for using isolated caffeine in food products.

The use of isolated caffeine is heavily restricted and scrutinised by regulators, and businesses considering the use of caffeine in their product formulations ought to obtain expert advice. We discuss the changes in this April 2026 edition of FoodLegal Bulletin.

FSANZ has notified the Food Ministers’ Meeting of its approval. The Food Ministers’ Meeting has 60 days to either request FSANZ to review its decision, or to inform FSANZ that it does not intend to request a review.

2.     FSANZ abandons Proposal P1058 – Nutrition labelling about added sugars

On 31 March 2026 FSANZ abandoned Proposal P1058 which sought to consider options for requiring mandatory ‘added sugar’ labelling in the nutrition information panel for food products.

FSANZ found that introducing mandatory labelling for added sugar content would have no clear public health benefit and would introduce significant costs for industry and government enforcement agencies.

3.     FSANZ starts assessment of Application A1349 - Food derived from insect-protected corn line COR121

On 26 March 2026 FSANZ commenced its assessment of Application A1349 by Corteva Agriscience Australia Pty Ltd  to seek approval for the sale and use of food derived from corn line COR121, genetically modified for protection from lepidopteran insect pests.

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

4.     FSANZ approves Application A1334 - 2′-FL from GM Corynebacterium glutamicum in infant formula products

On 24 March 2026 FSANZ approved Application A1334 by Cataya Bio (Shanghai) Company Limited to permit the voluntary addition of a new genetically modified source of 2′-fucosyllactose in infant formula products.

FSANZ has notified the Food Ministers’ Meeting of its approval. The Food Ministers’ Meeting has 60 days to either request FSANZ to review its decision, or to inform FSANZ that it does not intend to request a review.

5.     FSANZ starts assessment of Application A1347 - Protein-glutamine glutaminase from Bacillus licheniformis as a processing aid

On 5 March 2025 FSANZ commenced its assessment of Application A1347 by Chr. Hansen Pty Ltd to permit protein-glutamine glutaminase from Bacillus licheniformis (gene donor: Chryseobacterium viscerum) for use as a processing aid for a variety of applications.

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

Australian Competition and Consumer Commission (ACCC) news:

6.     Federal Government doubles maximum penalty for ACL breaches

On 28 March 2026, laws increasing the maximum penalty for breaches of the Australian Consumer Law (ACL) took effect. The maximum penalty per breach for many offences is now the greater of:

-        AUD$100 million (previously $50m);

-        3 times the value of the benefit obtained; or

-        30% of an organisations annual turnover during the breach.

The ACL is found in in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and is the source of many significant regulatory obligations, including prohibitions on:

-        Engaging in misleading or deceptive conduct, or make misleading or deceptive representations;

-        Breaching statutory consumer guarantees, or misleading consumers as to their entitlements under those guarantees;

-        Breaching product safety standards, information standards or labelling standards;

-        Engaging in unconscionable conduct; and

-        Engaging in anti-competitive or cartel conduct.

FoodLegal can provide specific advice regarding ACL compliance and enforcement in relation to your business and products.

7.     New Grocery Supply agreement requirements commence

On 1 April 2026 amendments to retailer obligations under the mandatory Food and Grocery Code of Conduct took effect.

Under the amendments, large supermarket retailers captured under the Code of Conduct must now include prescribed information in grocery supply agreements regarding the circumstances in which they can alter the agreement, require suppliers to make payments or set-offs payments from supplier invoices.

8.     Retail franchisor penalised for allegedly breaching Franchising Code of Conduct

On 30 March 2026 franchise operator Luxottica Franchising Australia paid $19,800 after the ACCC issued it with an infringement notice for allegedly breaching the mandatory Franchising Code of Conduct.

Although this case did not concern a food business, it highlights the importance for franchise operators of ensuring that they meet all of their obligations under the Franchising Code of Conduct.

Luxottica operates franchises for eyewear retailers OPSM and Laubman & Pank. The ACCC alleged that Luxottica did not maintain an up-to-date profile on the Franchise Disclosure Register. This is a requirement under the Franchising Code of Conduct to ensure that interested businesses and individuals are able to access current information about a franchise to allow them to make informed decisions.

9.     Online retailer pays penalties for use of influencer reviews

On 24 March 2026 the ACCC issued penalty notices totalling $19,600 to online photobook business Tomsem Consolidated Pty Ltd (PhotobookShop) for allegedly presenting influencer reviews in a misleading way.

Although this case did not concern a food business, it demonstrates the importance of ensuring that any social media marketing is not misleading or deceptive in breach of the Australian Consumer Law.

The ACCC claimed that PhotobookShop engaged influencers to post reviews for its service, but requested that the reviews did not disclose that the influencer had been gifted a photobook in exchange for a review. The ACCC also claimed that PhotobookShop edited a review to omit critical comments.

Australian Department of Agriculture, Fisheries and Forestry (DAFF):

10.  FMD outbreak in Greece

On 20 March 2026, DAFF advised industry of an outbreak of foot-and-mouth disease (FMD) in Greece, with an effective date of 15 February 2026. Greece has been removed from the DAFF FMD-free country list.

Imported dairy and animal-based products must be produced and exported only from countries that are recognised as FMD-free. Goods in transit may be assessable on a case-by-case basis, see below

Impacted goods will include:

-        Dairy and cheese sourced, manufactured or exported from Greece;

-        Personal dairy and meat items imported from Greece;

-        Casings derived from ovine or caprine animals that are sourced, manufactured or exported from Greece;

-        Reproductive material derived from cattle, sheep, goats, zoo bovids, giraffe or elephants sourced or exported from Greece;

-        Veterinary therapeutics containing ingredients derived from bovine, porcine, ovine, caprine, cervine or camelid animals domiciled in Greece;

-        Pet food and stock feed containing or derived from bovine, porcine, ovine, caprine, cervine or camelid materials sourced from animals domiciled in Greece; and

-        Laboratory goods containing material derived from FMD-susceptible species (including but not limited to test kits, animal fluids and tissues, culture media, environmental samples and other laboratory materials) sourced from Greece.

Solid chocolate, ripened cheese and goods containing less than 10% dairy for human consumption can continue to be imported into Australia (so long as relevant import conditions have been complied with and any applicable permits obtained).

Goods in transit will be held and assessed by DAFF on a case-by-case basis. FoodLegal is providing assistance in negotiations with DAFF officials based on our expertise and experience in numerous cases.

11.  DAFF makes khapra beetle risk assessment amendments

On 7 April 2026, DAFF announced the following changes as a result of previous consultation on a Draft Pest Risk Analysis (PRA) for khapra beetle (Trogoderma granarium) for plant products:

-        Updating Australia’s list of target risk khapra beetle countries to include Angola, Chad, Guinea, Jordan, Kazakhstan, Tajikistan, Tanzania and Turkmenistan (meaning products imported from these countries may face additional biosecurity checks);

-        Updating Australia’s list of Trogoderma Species of Biosecurity Concern to remove Trogoderma serraticorne.

These changes, which predominantly affect importers of plant products and seeds, will take effect on 30 April 2026. For goods in transit, the following will apply:

-        Consignments shipped up to and including 29 April 2026 will be assessed against previous versions of the relevant lists;

-        Consignments shipped on or after 30 April 2026 are required to meet the updated import conditions.

12.  DAFF updates inspection requirements for prescribed exports

DAFF has updated the export requirements for the following prescribed products intended for export from Australia:

-        Meat, egg, milk and fish products exported through the Middle East (consignments in transit);

-        Milk and milk products transiting through Türkiye;

-        Prescribed seafood products exported to the European Union (EU) (an updated process for load out inspection requirement).

More information can be found at the Manual of Importing Country Requirements (Micor).

13.  Operation of biosecurity regulations to be extended

The Legislation (Biosecurity Goods Determinations) Sunset-altering Declaration 2026 came into effect on 20 March 2026, to extend the sunsetting dates (i.e. the dates when the instruments will automatically be appealed) for the following determinations to 1 October 2031:

-        Biosecurity (Prohibited and Conditionally Non-prohibited Goods – Torres Strait) Determination 2016;

-        Biosecurity (Prohibited and Conditionally Non-prohibited Goods – Christmas Island) Determination 2016;

-        Biosecurity (Prohibited and Conditionally Non-prohibited Goods – Cocos (Keeling) Islands) Determination 2016; and

-        Biosecurity (Prohibited and Conditionally Non-prohibited Goods – Norfolk Island) Determination 2016.

The Biosecurity (Conditionally Non-prohibited Goods) Determination 2021 applies to the Australian mainland and was scheduled to sunset on 1 April 2031. The above determinations were originally scheduled to sunset on 1 October 2026.

14.  DAFF updates accreditation to export cucurbits to New Zealand

On 18 March 2026 DAFF updated the accreditation process for exports of cucurbits to New Zealand.

Previously, two Industry Advice Notices would be issued by DAFF to notify exporters that applications for exports are opening (corresponding to two different periods). Now DAFF will release a single Industry Advice Notice encompassing both periods.

Other Australian regulatory news:

15.  Australia-European Union Free Trade Agreement to come into effect

In March 2026, Australia and the European Union (EU) concluded negotiations for a Free Trade Agreement, which will result in 98% of Australia’s goods exports to the EU duty-free.

Tariffs will be removed for wine, tree nuts, barley, seafood, onions, carrots, honey and olive oil. Annual tariff rate quotas will be created for dairy products, beef, sheep meat, milled rice, sugar, ethanol, wheat gluten, natural butter, skimmed milk powder and high protein whey.

The agreement is expected to take up to two years to take effect. Under the agreement, Australian-made ‘prosecco’ products may continue to be sold in Australia, however Australian exporters will need to remove the name “prosecco” within 10 years.

16.  Seafood Country of Origin labelling in hospitality to commence

From 1 July 2026, all seafood dishes sold in hospitality for immediate consumption (whether eaten at the venue of purchase or intended for takeaway) must contain specific country of origin labelling using the following system:

• Australian or (A)
• Imported or (I)
• Mixed origin or (M)

Failure to comply with this will constitute a breach of the Australian Consumer Law. Food businesses can contact FoodLegal for any required support.

17.  Trans-Tasman pilot for agvet and chemicals to commence

On 31 March 2026, the Australian Pesticides and Veterinary Medicines Authority (APVMA) and New Zealand Ministry for Primary Industries (NZ MPI) jointly invited expressions of interest regarding a registration pathway pilot for agricultural chemicals and veterinary medicines, to streamline product registrations and ease entry into both the Australian and New Zealand markets.

The APVMA and New Zealand Food Safety originally signed a Memorandum of Understanding to this effect in November 2025. Expressions of interest are being sought from businesses with (a) new products intended for both Australian and New Zealand registration and (b) products already registered in one country that could be registered in the other.

18.  TGA consults on proposal to remove Andrographis paniculata as a low-risk ingredient

On 8 April 2026, the Therapeutic Goods Administration (TGA) opened consultation on its proposal to remove Andrographis paniculata from the list of permitted ingredients in listed medicines, following a number of reports of anaphylaxis.

Andrographis is found in a number of herbal medicines for cold and flu relief. In 2024, the TGA published a safety report detailing adverse events associated with Andrographis paniculata.

19.  AICIS finalises proposed changes to Categorisation Guidelines

The Australian Industrial Chemicals Introduction Scheme (AICIS) has finalised planned changes to the Industrial Chemicals Categorisation Guidelines, which will take effect in September 2026. AICIS has implemented the following changes:

-        List of chemicals with high hazards for categorisation: 293 new entries with high hazards for categorisation, and updates to 122 existing entries;

-        5 chemicals added to part 6.5.2 (Information required to demonstrate the absence of developmental toxicity); and

-        Definition of 'chemical identity holder' has been updated

AICIS has also added or varied entries for the following chemicals in the Australian Inventory of Industrial Chemicals:

-        Decanoic acid, mixed diesters with octanoic acid and 1,3-propanediol (CAS no. 1072005-10-7) – listed on 23 February 2026;

-        1-Pyrrolidinepropanaminium, N,N,N-trimethyl-2,5-dioxo-, 3-polyisobutenyl derivs., Me sulfates (CAS no. 3113590-25-0) – listed on 11 February 2026;

-        Decanedioic acid, reaction products with 1-octadecanamine, calcium salts (CAS no. 403656-24-6) – listed on 9 February 2026.

20.  TGA consults on sunscreen regulation

On 26 March 2026, the TGA opened consultation on changes to the regulation of sunscreen products in Australia.

The consultation paper proposes a number of improvement options including improvements to product reliability, testing, laboratory testing oversight, simplifying and clarifying SPF labelling, updating Good Manufacturing Practice (GMP) requirements, enhancing lifecycle quality assurance and improving indications consistency.

Submissions are due by 23 May 2026.

21.  Mandatory winegrape purchase code of conduct to be developed

The Australian Federal Government is developing a mandatory code of conduct for winegrape purchases, following a review into regulatory options for the wine and grape sector. The code is aimed at strengthening the winegrape supply chain.

An advisory group, chaired by appointees from DAFF, will consist of wine and grape sector representatives, including those experts with experience in a voluntary code. The government expects the code to take effect from 1 January 2027.

22.  Federal Government elects not to proceed with food donations tax offset bill

On 31 March 2026 the Australian Federal Government confirmed it would not proceed with the Tax Laws Amendment (Incentivising Food Donations to Charitable Organisations) Bill 2024, which was designed to amend economic incentives for food donation.

The proposed tax offset would have been refundable for companies with aggregated turnover below $20 million, and non-refundable above that threshold. This offset amount also scaled upwards with an organisation’s annual turnover. The Federal Government expressed concern that the Bill presents uncapped budget risk and may preference large corporations over small businesses and charities, with insufficient safeguards in place to prevent dumping or donation of poor-quality food.

This is an unfortunate setback to those who have been working for many years to encourage programs to encourage food companies to donate products to food banks and charitable food pantries.

23.  APVMA notifies FSANZ of MRL changes

On 5 March 2026, The APVMA notified FSANZ of proposed amendments to Maximum Residue Limits (MRLs) which could result in amendments to Schedule 20 of the Food Standards Code. The notification concerned the chemicals Flupyradifurone, Linuron, Buprofezin, 2,4-D and Picloram, and Mancozeb.

On 12 February 2026, the APVMA also notified FSANZ of variations and additions to the existing permissions for Spirotetramat, Indaziflam, Inpyrfluxam, Pyraflufen-Ethyl, Isofetamid, Sulfuryl Fluoride, Penthiopyrad, Dimethomorph, Penthiopyrad & Pyraclostrobin, Fludioxonil & Pydiflumetofen.

The NZ Ministry of Primary Industries (NZ MPI) has separately updated the Food Notice: Maximum Residue Levels for Agricultural Compounds, which came into effect on 2 March 2026.

24.  APVMA new consultations

The APVMA is seeking submissions in relation to the following chemicals as new active constituents:

• Atinvicitinib for use in veterinary chemicals – closes 7 April 2026;
• Live Recombinant Canine Parvovirus Strain 630a for use in veterinary chemicals – closes 7 April 2026;

• Flg22-Bt Peptide in the product Vismax Specialty Fungicide  – closes 21 April 2026; and
• 1-aminocycloprane-1-carboxylic acid in the product Accede Plant Growth Regulator – closes 21 April 2026.

25.  NSW government introduces plastic reduction and container recycling Bill

On 24 March 2026, the NSW government introduced the Environmental Legislation Amendment (Plastic Reduction and Container Recycling) Bill 2026 to:

-        Introduce a scheme for reusable cups to be used in foodservice settings, including making it an offence to refuse or charge a fee for the business to use a customer’s reusable cup; and

-        Provide for additional offences and record keeping requirements under the NSW container deposit scheme.

The Bill has been read in the Legislative Assembly and is yet to be debated in the Legislative Council (as of the date of this article – April 2026).

New Zealand:

26.  New Zealand to trial digital food labelling

The New Zealand Government will conduct a one-year trial of digital labelling on selected imported packaged foods, which is expected to start between May and August 2026.

Approved stores which have expressed interest will be able to provide digital labelling for imported pre-packaged products (without compliant New Zealand-specific physical labelling), so long as specified conditions are met.

The trial excludes dietary supplements, supplemented foods, special purpose foods, alcoholic beverages, kava and Royal jelly.

Any product containing a statement, nutrition content or health claim on the physical label will be excluded from the trial if requirements of the Food Standards Code are not met (the NZ MPI provides the example of a product labelled “gluten free” overseas which does not meet the Food Standards Code requirements for this claim).

27.  NZ Advertising Standards Authority updates the Therapeutic and Health Advertising Code

The NZ Advertising Standards Authority has updated its Therapeutic and Health Advertising Code, which will come into effect on:

-        1 April 2026 for new advertising; and

-        1 July 2026 for all advertising.

The new code includes more enforceable and definitive language, more detailed rules for testimonials and endorsements, and will apply to digital, social, influencer and traditional channels.

Whilst the Code is not a legal instrument, it does reflect many requirements under the NZ Medicines Act, and is enforceable by Medsafe (the NZ equivalent of Australia’s TGA).

28.  NZ Commerce Commission restructure proposed

The New Zealand Federal Government has proposed structural changes to the NZ Commerce Commission, by way of the Commerce (Commerce Commission Reform) Amendment Bill. The Bill, which is intended to take effect from 1 July 2027, is intended to separate the governance and regulatory functions of the NZ Commerce Commission.

Regulatory decisions would also be delegated to specialist committees which can call on a panel of commissioners and external experts where required.

The Bill has been referred to the NZ Finance and Expenditure Committee, and public consultation is open to 28 April 2026.

29.  NZ MPI enforcement activities

The NZ MPI completed the following enforcement activities during the month of March 2026:

-        Fining a fish processing factory NZ $30,000 for breaching shellfish biosecurity requirements;

-        Fining a dairy farmer NZ $35,000 for breaching National Animal Identification and Tracking (NAIT) obligations in relation to hundreds of animals; and

-        Fining Woolworths New Zealand NZ $33,000 for failing to properly manage and escalate a rodent infestation at one of its Dunedin supermarkets.

30.  NZ MPI updates guidance docs for alkaline phosphatase testing

The New Zealand MPI has published an updated guidance document for alkaline phosphatase testing. The amendment took effect on 6 March 2026.

Updated content includes:

-        updated heat-treatment requirement reference from 'DPC 3' to 'Animal Product Notice: Production, Supply and Processing'

-        updated testing methods and related requirements

-        updated contact information

-        updated minor wording and composing.

31.  NZ MPI publishes IHS for fresh table grapes

The New Zealand MPI has published the final import health standard (IHS) for fresh table grapes.

To ensure trade continues smoothly during the current import season, countries that already export fresh grapes to New Zealand may continue to use the previous grapes IHS. These consignments can be certified under the old requirements and will be eligible for clearance at the New Zealand border for 6 months from the date the new IHS is issued (16 March 2026).

32.  NZ MPI consults on IHS for blueberries for human consumption

On 31 March 2026, the New Zealand MPI opened consultation on proposed import requirements for blueberries for human consumption. This comes due to requests from 5 countries (Chile, Mexico, Morocco, Peru and the USA) to export blueberries to New Zealand.

Submissions are open until 15 May 2026.

United States

33.  FDA delays approval of natural colours

On 25 March 2026 the FDA announced it would indefinitely delay the effective date of its approval of beetroot red and spirulina as food colours, following objections from advocacy groups. The approval had been due to take effect from 23 March 2026.

China

34.  China updates labelling requirements for prepackaged food products

On 17 March 2026, DAFF advised that from 16 March 2027 new labelling requirements for dairy and other pre-packaged goods came into effect in China. China’s National Health Commission (NHC) released the General Principles for the Labelling of Prepackaged Foods (GB 7718-2025) in March 2025, replacing a previous instrument.

The new instrument is intended to be read together with China’s Measures for the Supervision and Administration of Food Labelling document, and includes updates to allergen and ingredient labelling, digital labelling recommendations, date marking, and specific exemptions for certain products (e.g. alcoholic beverages, vinegar, monosodium glutamate and edible salt).

Micor will be updated to reflect these requirements. Feel free to contact FoodLegal for support for any products exported to China.

United Kingdom

35.  UK FSA secures confiscation order in illegal meat fraud case

On 26 March 2026 the United Kingdom Food Standards Agency (FSA) announced it had confiscated approximately £70,000 from Fear Animal Products Limited, in a Proceeds of Crime confiscation hearing which took place at the Central Criminal Court in March 2026.

In August 2025, sole director of Fear Animal Products was sentenced to 42 months prison for conspiracy to defraud by placing food on the market that was not fit for purpose. Officers had discovered 1.9 tonnes of animal produce, including whole and cut chickens, lamb’s testicles and beef burgers, being processed for sale into human food at an illegal meat cutting plant.

Separately, the UK FSA seized 90 pallets of counterfeit wine and prosecco (amounting to approximately £500,000 of product).

This is general information rather than legal advice and is current as of 13 Apr 2026. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.