A Basis for Reviewing the Food Standards Code

By Joe Lederman
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, November 2010

The Australia New Zealand Food Standards Code (Food Standards Code) is a complex legal document that sets out the mandatory standards for food regulatory compliance in relation to food composition, food labelling, food safety and food processing. Recently, the drafting of the Food Standards Code was subject to a fresh look by various officials in Canberra. As an outcome of this process, it is possible that aspects of the form of drafting of the Food Standards Code may also be reviewed. Some background for these processes can be found in the criticisms made by a Judge of the New South Wales Supreme Court in the case of New South Wales Food Authority v Nutricia Australia Pty Ltd (the Nutricia No 2 case). This article outlines some of the judicial concerns and how they shed light on the need for further review of the Food Standards Code in an ever-changing food law landscape.