FoodLegal

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

© Lawmedia Pty Ltd, May 2026   

Other Australian regulatory news:

1.     Victoria introduces new Food Safety legislation

On 14 April 2026, the Safe Food Victoria Act received royal assent. The primary goals and effect of this new legislation are to:

-        Establish a new organisation called Safe Food Victoria under a new Safe Food Victoria Act, which will regulate the Victorian food industry;

-        Abolish both Dairy Food Safety Victoria and PrimeSafe;

-        Amend the Dairy Act 2000 (VIC) to regulate foods produced using new technologies or those that have not been traditionally produced or processed for human consumption in Victoria (and amend the title of this Act); and

-        To make necessary amendments to the Dairy Act 2000 (VIC), Food Act 1984 (VIC), Meat Industry Act 1993 (VIC) and Seafood Safety Act 2003 (VIC) to give effect to these changes.

The Act is due to commence on 1 July 2027 unless a specific provision makes clear that provision comes into effect on a different date.

2.     Queensland reviews Food Production (Safety) Act

Queensland is reviewing the operation of its Food Production (Safety) Act, which regulates primary production and food safety in Queensland.

The Queensland Government sought comments from industry (between 25 February 2026 to 10 April 2026) on the existing regulations, whether they were fit for purpose and possible improvements. No draft changes have been published at the date of this article (May 2026).

3.     Victoria to make poultry welfare amendments

On 27 March 2026 the Victorian Government announced it will amend its poultry welfare standards to align with nationally agreed standards in the Australian Animal Welfare Standards and Guidelines for Poultry. 

From mid-2026, new regulations will require:

-        specified infrastructure requirements for new cages

-        that poultry species be provided with substrate for foraging, scratching and pecking;

-        poultry be exposed to a minimum light intensity and periods of darkness;

-        monitoring and recording of ammonia levels;

-        restrictions to be applied on induced moulting, infrared beak trimming and hot blade beak trimming.

Further requirements will take effect from 2032 to 2036, including:

-        breeder ducks must have access to facilities to allow ducks to dip their heads or shower; and

-        All cages must have furnishings and meet new space requirements.

Conventional cages will be banned.

The changes will introduce additional pressures for poultry producers.

4.     WA updates container deposit scheme to capture wine and spirit containers

On 15 April 2026, the Western Australian Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulations 2019 was updated, and amendments will take effect on 1 July 2026.

The amendments will have the effect of expanding the WA Container Deposit Scheme to include wine packaged in plastic, sachets and casks, water packaged in casks, concentrated fruit and vegetable juices and flavoured milk and cordial. Wine and spirit bottles will also be included in the scheme.

5.     Australian Government rejects mandatory organic standard legislation

In April 2026, the Australian Federal Government provided a response to a Rural and Regional Affairs and Transport Legislation Committee report, which made inquiries into the National Organic Standards Bill 2024. This Bill was introduced to regulate the sale and import of organic goods in Australia.

The Australian Government supported recommendations made during the inquiry, which included that:

-        The Senate does not pass the current version of the Bill, for a number of reasons but primarily due to alignment on a proposed definition of “organic”; and

-        The Australian Government work with industry on domestic regulation for organic products.

6.     ACNF updates record of views

The Advisory Committee on Novel Foods (ACNF) has updated its Record of Views in April 2026, resulting in the following new entries:

·        Chamelaucium uncinatum (Geraldton waxflower) – powder prepared from the dried leaves and stems is a non-traditional, not novel food.

·        Dendropanax morbiferus (dried leaf) is a non-traditional, not novel food.

·        Mesquite whole pod powder, produced from dried and heat treated (baked or roasted) ripe seedpods of the legume Neltuma glandulosa) is a non-traditional, not novel food.

·        Salicornia brachiata (dried and powdered product) is a non-traditional, not novel food.

·        Whey permeate sweetener - a syrup (which can be dried) produced by enzymatic hydrolysis of sweet whey permeate is a non-traditional, not novel food.

7.     Federal Court orders fines for sale of unapproved therapeutic goods

On 30 April 2026, the Australian Federal Court ordered that Key Promotional Products Pty Ltd (“KPP”) pay $1.75 million in fines for selling a medical device which was not listed in the Australian Register of Therapeutic Goods (ARTG). The TGA initiated court proceedings in 2024, alleging that 240,000 rapid antigen tests (RATs) were sold with misleading claims that they were TGA approved.

The spouse of KPP’s registered director was also fined $250,000 (with $70,000 suspended for 10 years).

8.     TGA undertakes enforcement action on prohibited products

The TGA has initiated the following enforcement actions in relation to:

-        Seizure of $2 million worth of peptides and steroids (in conjunction with Victoria Police and Australian Border Force – ABF). Three (3) individuals were arrested;

-        Seizure of over 30,000 illegal vaping goods in Sydney; and

-        Issue of 4 infringement notices, totalling $79,200, to Switch Nutrition Pty Ltd for allegedly making unlawful advertising claims. The TGA alleged that Switch Nutrition made representations that their products could treat serious medical conditions, and constituted restricted or prohibited representations that require TGA approval.

9.     APVMA opens consultation on benzovindiflupyr in barley and wheat

On 16 April 2026, the Australian Pesticides and Veterinary Medicines Authority (APVMA) called for submissions on the proposed use of benzovindiflupyr (in the product Elatus Flexi Solatenol technology Fungicide) for use on barley and wheat.

Consultation closes on 14 May 2026.

10.  AICIS updates

The following updates have been provided by the Australian Industrial Chemicals Introduction Scheme (AICIS) during the month of April 2026:

-        AICIS is seeking comments on a range of eleven (11) substances (with a health and environment focus). Proposed outcomes depend on the individual chemical but include proposed recommendations to regulatory bodies, varying the Inventory of Industrial Chemicals, risk management and required information. Submissions are open until 28 May 2026.

-        AICIS have opened submissions on proposed changes to their fees and charges for the 2026-27 registration year. Consultation closes 15 May 2026.

Food Standards Australia New Zealand (FSANZ) news:

11.  Food Ministers Meeting outcomes

On 1 May 2026, Australian and New Zealand food ministers met to discuss food regulation policy aspects. The food ministers decided that:

-        They will progress development of a Food Regulation Agreement, which is to be an agreement between the Australian (not New Zealand) Federal Government, states and territories. The goal of the Agreement is to streamline governance and operation of the food regulatory system. A previous version of the agreement was made in 2010.

-        Ministers approved changes arising from FSANZ Proposal P1056 (Caffeine review). The changes will be gazetted, and a 2-year transition period for businesses will apply.

12.  FSANZ opens for comment on Health Star Rating incorporation

On 7 May 2026, FSANZ called for submissions in relation to Proposal P1067 to make the Health Star Rating system mandatory. FSANZ has outlined the following primary proposed approaches in its Call for Submissions document:

• Requiring the HSR symbol to be displayed on most packaged foods for retail sale where a Nutrition Information Panel (NIP) is required;
• Standardising the design and location of the HSR symbol; and
• Requiring use of a prescribed Health Star Rating algorithm.

Submissions close on 21 June 2026.

13.  FSANZ notifies food ministers of Code approvals by FSANZ

On 11 May 2026 FSANZ notified the Food Ministers’ Meeting of amendments to the Australia New Zealand Food Standards Code (Food Standards Code) arising form the following Applications and Proposal:

·        Application A1304 - Endo-1,4-beta-xylanase from Bacillus licheniformis (gene donor: Chryseobacterium cucumeris) for use as a processing aid

·        Application A1305 - Apha-amylase from Bacillus licheniformis (containing the gene for alpha-amylase from the gene variant ANZ105) as a processing aid

·        Application A1332 - Cross-linked polyester resins as an adsorbent processing aid in wine

·        Proposal M1023 - 2024 MRL Harmonisation Proposal

The Food Ministers’ Meeting has 60 days to either request FSANZ to review its approvals or inform FSANZ that it does not intend to request a review.

14.  FSANZ commences assessment of Application A1350 - Lysophospholipase from Trichoderma reesei as a processing aid

On 28 April 2026 FSANZ commenced its assessment of Application A1350 by IFF Australia Pty Ltd to permit the use of lysophospholipase for use as a processing aid in carbohydrate processing to produce glucose syrups and other starch hydrolysates.

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

15.  FSANZ calls for submissions

FSANZ has called for submissions in relation to the following:

-            Application A1306 (Chitosan from white button mushrooms). Submissions close 28 May 2026.

-            Application A1338 - Triacylglycerol lipase from Komagataella phaffii (gene donor: Yarrowia lipolytica) for use as a processing aid. Submissions close 2 June 2026.

-            Application A1345 - Dextransucrase from Bacillus subtilis (gene donor: Streptococcus salivarius) for use as a processing aid.  Submissions close 2 June 2026.

16.  FSANZ gazettes changes from P1065

Amendments to the Food Standards Code resulting from FSANZ Proposal P1065 were gazetted on 30 April 2026. The amendments include compositional fat requirements for special medical purpose products for infants which were previously approved but which were inadvertently omitted from previous amendments.

Amendments have been made to Standard 2.10.4, Schedule 3, Schedule 4, Schedule 15, Schedule 17, Schedule 18, Schedule 20, Schedule 22 and Schedule 29.

Australian Competition and Consumer Commission (ACCC) news:

17.  ACCC investigating misleading Black Friday claims

On 14 April 2026, the ACCC announced it is investigating several retailers for making potentially misleading claims during 2025 Black Friday sales. This follows an ACCC sweep finalised in November 2025.

The ACCC found that some retailers were using allegedly misleading countdown timers on sales to create a false sense of urgency, and that some made allegedly misleading “storewide” or “sitewide” claims alongside smaller disclaimers about exclusions to those sales offers.

No enforcement action has been initiated in relation to this specific sweep as of the date of this article (May 2026); however, the ACCC has separately taken action against other misleading online sales (see Item 18 below).

18.  Federal Court orders Emma sleep pay $15 million in penalties

On 24 April 2026, the Australian Federal Court ordered Emma Sleep Pty and Emma Sleep Southeast Asia Inc to pay $15 million in penalties. Although this did not concern a food business, the heftiness in fines should be borne in mind by every food supplier.

Emma Sleep admitted in June 2025 they made false or misleading representations about the price of mattresses, bed frames and similar products.

Representations were made in relation to 74 products, and included use of ‘strikethrough’ prices (i.e. an ‘original’ price that has been discounted) on 58 of these even though the product had never originally been sold at that price.

19.  ACCC approves collective bargaining for foodservice distributors

On 16 April 2026 the ACCC authorised Countrywide Australasia Limited and its members to negotiate collectively on trade terms, including price, with suppliers.

Countrywide Australasia members are independent foodservice distributors but operate collectively as a buying group. In granting authorisation, the ACCC considered that the benefits of collective bargaining (to lower prices) would outweigh any potential public detriments of acting collectively to strengthen their economic power. The authorisation will expire on 7 May 2031.

20.  ACCC indicates higher complaints regarding consumer guarantees

On 24 April 2026, the ACCC announced that reports regarding consumer guarantees rose over 20% in 2025 compared to 2024. It is an offence under the Australian Consumer Law to fail to comply with statutory consumer guarantees, or make misleading representations about consumer guarantees.

The ACCC noted that the Australian Government is considering reforms to consumer guarantee laws, and welcomed reform.

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

21.  DAFF publishes notice regarding Moringa oleifera imports

On 2 April 2026, DAFF published an imported food notice directed at importers of Moringa oleifera (and importers of product containing moringa as an ingredient).

In the notice, DAFF classifies moringa as a novel food that is not permitted for import, and consignments of products containing or consisting of moringa will be inspected on a randomised 1-in-20 basis. DAFF has based its opinion on the FSANZ rejection of Application A1294 to permit moringa as a novel food.

FoodLegal can assist affected businesses.

22.  DAFF updates “Risk food” classifications

DAFF has classified the following as "risk foods" during the month of April 2026, meaning imported consignments of these products will be subject to higher inspection ates:

·        Whole melons that are fresh, and ready to eat melons that are either fresh or frozen. From March 2027, a recognised food safety management certificate must accompany consignments of these products. Every consignment will be checked for the validity of this certificate. Melons will be referred for residue screen testing at the rate of 5%.

·        Enoki mushrooms that are fresh. Fresh enoki mushrooms will now be referred for inspection at a rate of 100% for the presence of Listeria monocytogenes. These products will also be checked for compliance with required directions for use on the product label.

·        Kava products from New Zealand. Kava products from New Zealand will be referred for inspection at a rate of 100%.

23.  DAFF opens consultation on export assurance program

On 30 March 2026, DAFF opened public consultation on proposed Export Control (General Products) Rules, which would be made under Australia’s Export Control Act 2020. The rules propose to improve regulation of non-prescribed goods which are not currently prescribed under the Export Control Act, including:

-        food and beverages;

-        pharmaceutical, technical and blood products; and

-        rendered goods;

-        animal food;

-        honey and bee products;

-        skins and hides; and

-        wool and wool grease.

Submissions closed on 8 May 2026.

24.  DAFF updates target risk countries for khapra beetle

On 7 April 2026, DAFF updated its ‘List of Target-risk khapra beetle countries ’ to include 8 additional countries: Angola, Chad, Guinea, Jordan, Kazakhstan, Tajikistan, Tanzania and Turkmenistan. On 22 April 2026 it removed Turkmenistan from this list following further information provided by Turkmenistan.

From 30 April 2026, consignments exported from these countries will now be subject to additional pre-export measures where khapra beetle target-risk country requirements apply.

25.  DAFF releases draft review on avian material in aquaculture feed

On 22 April 2026, DAFF released a draft import risk review for the inclusion of avian material in aquaculture feed. This is an addendum for the final report ;‘Assessment of a prescribed heat treatment as a risk management measure for fish and fish products for use as pet food and stockfeed’.

Consultation closes 26 June 2026.

New Zealand

26.  Updated NZ Grocery Supply code comes into effect

On 1 May 2026, the updated New Zealand Grocery Supply Code came into effect. The Code aims to manage perceived imbalances in the negotiating position between suppliers and Regulated Grocery Retailers (RGRs) - primarily Foodstuffs North Island, Foodstuffs South Island and Woolworths New Zealand.

The Code aims to promote fair conduct, prohibit unfair trading practices, increase fair competition between traders and promote transparency of terms of supply agreements.

A previous version of the Code was in place to 30 April 2026.

27.  New Zealand Advertising Standards Authority (ASA) opens submissions on code review

On 28 April 2026, the New Zealand ASA opened for submissions on proposed amendments to the New Zealand Advertising Standards Code. The review aims to ensure the Code remains fit for purpose and up-to-date with current advertising practices.

Submissions are open to 22 June 2026.

28.  NZ MPI reviews Biosecurity (Ruminant Protein) Regulations

The New Zealand Ministry for Primary Industries (NZ MPI) has opened consultation on proposed changes to the Biosecurity (Ruminant Protein) Regulations 1999. These regulations exist to mitigate the risk of biosecurity and disease outbreaks (e.g. mad cow disease).

The NZ MPI has determined amendments are required to keep up-to-date with international standards, best practice, and remain fit for purpose.

Submissions are open until 12 June 2026.

Vietnam

29.  Vietnam updated regulations suspended

Vietnam’s new food safety regulations were suspended on 6 April 2026.

The amended law, which will apply to imports of food from all countries, is now expected to apply from 1 July 2027.

United States (US)

30.  US FDA releases infant formula testing results

On 29 April 2026 the United States Food and Drug Administration (FDA) released results from its largest ever examination of contaminants in the US infant formula market.

The results demonstrated that an ‘overwhelming majority’ of the 300 infant formula samples taken contained undetectable or very low contaminant levels.

This is general information rather than legal advice and is current as of 13 May 2026. Contact FoodLegal for tailored advice on your specific circumstances.