FoodLegal

By Joe Lederman and John Thisgaard (FoodLegal Co-Principal Lawyers)   

© Lawmedia Pty Ltd, November 2026   

Food Standards Australia New Zealand (FSANZ) news:

1.     FSANZ commences assessment of applications to amend the Food Standards Code:

FSANZ has commenced its assessment of the following Applications:

·        Application A1367 by AB Enzymes GmbH to permit cellulase from Trichoderma reesei with the cellulase gene from Aspergillus niger as a processing aid in bakery products, brewing and malt production (commenced 3 November 2026).

·        Application A1366 by The Protein Brewery B.V. to permit the sale and use of Rhizomucor pusillus mycelium as a novel food (commenced 13 October 2026).

2.     FSANZ calls for submissions

FSANZ has called for submissions on the following Applications:

·        Proposal P1067 – Health Star Rating system.
FSANZ previously consulted on this proposal between May-July 2026. Since the first round of consultation, the key purpose and intend of the changes remains the same, however various changes have been made for simplicity and to support enforcement. Submissions are due by 23 December 2026.

·        MRL Harmonisation Proposal – FSANZ is accepting submissions to vary maximum residue limits (MRLs) to harmonise with international standards. Submissions are due by 29 January 2026.

·        Application A1356 - Food derived from increased nicotianamine wheat lines containing event UM-12115T-1. Submissions are due by 1 December 2026.

·        A1358 - Glucoamylase from Trichoderma reesei (gene donor: Aspergillus fumigatus) for use as a processing aid. Submissions are due by 24 November 2026.

3.     Amendments to Food Standards Code take effect

On 29 October 2026 Amendment No. 253 to the Australia New Zealand Food Standards Code (Food Standards Code) was gazetted. Amendments arising from the following Applications now have effect:

·        Application A1306 – Chitosan from mushrooms (Agaricus bisporus) for use as a processing aid)

·        Application A1338 – Triacylglycerol lipase from Komagataella phaffii (gene donor: Yarrowia lipolytica) for use as a processing aid)

·        Application A1345 – Dextransucrase from Bacillus subtilis (gene donor: Streptococcus salivarius) for use as a processing aid)

4.     FSANZ approves Food Standards Code amendment

On 13 October 2026 FSANZ approved variations to the Food Standards Code arising from Application A1341 - Cell-cultured duck (Anas platyrhynchos domesticus) biomass.

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 advise FSANZ it does not intend to request a review, before the amendments can take effect.

Australian Competition and Consumer Commission (ACCC) news:

5.     Produce wholesaler admits price fixing

On 26 October 2026, the ACCC announced fresh product wholesaler Perfection Fresh admitted to engaging in cartel conduct. Perfection Fresh has agreed to pay a $12 million penalty, which has been put before the Australian Federal Court for final approval.

The ACCC alleged Perfection Fresh engaged in cartel conduct with three other suppliers and individuals between 2019-20 by fixing prices of broccoli, cauliflower and iceberg lettuce supplied to ALDI Stores in New South Wales.

6.     ACCC alleges egg producers engaged in cartel conduct

On 13 October 2026, the ACCC initiated proceedings in the Australian Federal Court against egg supplier Sunny Queen (and 11 other producers) for coordinating on production and supply of eggs. The ACCC alleges these businesses coordinated on a range of decisions regarding production volumes, distribution, expansion and culling to manage a perceived oversupply, which allegedly substantially reduced competition according to the ACCC.

The ACCC is seeking penalties, declarations, injunctions and costs.

7.     Bubble tea franchisor pays penalties for breaching Franchising Code

On 2 November 2026, Sharetea Australia Pty Ltd paid $39,600 in penalties to the ACCC for allegedly contravening the Franchising Code of Conduct. The ACCC claimed that Sharetea entered into franchise agreements requiring franchisees to pay costs which were incurred by Sharetea when settling disputes.

Sharetea also agreed to amend its franchise agreements to remove this requirement as well as a variety of potentially unfair contract terms.

8.     ACCC releases guidance on greenhouse gas emissions claims

On 20 October 2026, the ACCC released guidance on making greenhouse gas emissions claims. The guidance builds on the ACCC’s previous guidance on making environmental claims, and includes requirements such as:

-        Using credible, science-backed accounting standards;

-        Being transparent about carbon credit purchases or offsets;

-        Considering how an average consumer interprets a claim; and

-        Avoiding broad or non-specific claims.

Making a misleading environmental or emissions claim could risk breaching the Australian Consumer Law. FoodLegal can support and advise businesses seeking to make environmental claims.

9.     ACCC initiates action against Kmart for product safety concerns

On 15 October 2026, the ACCC initiated Federal Court action against Kmart Australia Ltd for allegedly breaching the Australian Consumer Law by selling cosmetic nail glue and button battery products which did not contain adequate warnings or comply with mandatory standards. The ACCC alleges that Kmart, in part:

-        Did not include warnings on cosmetic nail glue that consumers risked serious burns injuries (despite receiving injury reports); and

-        Sold watches and GPS smart tags that did not comply with mandatory button battery standards (including by not testing Anko kids digital watches and several analogue watches).

The ACCC is seeking penalties, declarations, costs and more.

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

10.  DAFF recognises Hungary and Slovakia as free from Foot and Mouth Disease (FMD)

On 29 October 2026, DAFF completed its biosecurity risk assessment resulting in recognition that Hungary and Slovakia are now free from FMD. These countries have now been added to DAFF’s FMD-Free Country List with effective dates of:

-        10 September 2025 for Hungary; and

-        31 October 2025 for Slovakia.

Importers of goods containing affected ingredients (e.g. products containing >10% dairy) can now import goods fully finished or exported from Hungary and Slovakia before 3 February 2025, or sourced/manufactured in Hungary on or after 10 September 2025. Goods manufactured/sourced in Slovakia on or after 31 October 2025 will be permitted if other import conditions are met.

11.  DAFF notifies of various requirements:

DAFF has also notified industry that:

-        It has updated export health certification for table eggs and heat-treated egg products exported from Australia to New Caledonia, effective 5 November 2026.

-        Import conditions for Xylella imported to Australia as nursery stock will commence on 20 January 2027.

-        The Indonesian government will revise its Halal regulation to grant a two-year extension to the commencement of mandatory halal certification requirements. These will now come into effect 18 October 2028.

-        Pufferfish will be classified as a risk food in the Imported Food Control Order 2019 (including all fish in the families Tetraodontidae and Diodontidae). Consignments will be inspected at a rate of 100% and a mandatory foreign government certificate will be required from March 2028.

Therapeutic Goods Administration (TGA) news:

12.  TGA updates medicine labelling requirements

On 1 October 2026 the TGA published new labelling requirements to replace previous instruments that had ‘sunsetted’ (ceased to be effective at a predetermined date).

The new instruments, TGO 115 and TGO 116, replace TGO 91 and TGO 92 which set labelling requirements for prescription medicines and non-prescription medicines respectively. Sponsors of medicines have a 5-year transition period during which labels may comply with either the new or the old requirements. All medicine labels must comply with TGO 115 and TGO 116 by 1 October 2031.

13.  TGA announces stricter requirements for sunscreen products

On 27 October 2026 the TGA announced it would implement stricter regulations for sunscreens, following media reports that many sunscreen products did not meet the sun protection factor (SPF) rating claimed on pack.

According to the TGA, the reforms will include:

·        Strengthening sunscreen testing requirements

·        Developing quality requirements for specific sunscreen ingredients

·        Limiting the SPF claims that cosmetic sunscreens can make

·        Reviewing GMP guidance for sunscreens

The TGA previously consulted with industry on possible changes between March-May 2026. The TGA will undertake further consultation before implementing any changes.

14.  Updates to permitted medicine ingredients

On 16 October 2026 the TGA published updates to the Therapeutic Goods (Permissible Ingredients) Determination, which sets out the ingredients that may be used in listed medicines.

The updates are as follows:

·        Entries have been added for magnesium L-threonate monohydrate, mitoquinol mesylate, gamma glutamylcysteine, and hydrocarbons, C6-C20, polymers, hydrogenated

·        Entries have been changed for Bacillus coagulans, Bacillus subtilis, Akkermansia muciniphila, Terminalia ferdinandiana and 2-methyl-4-propyl-1,3-oxathiane

15.  TGA seeks comments on permissible ingredients variations

The TGA is seeking comments on the following proposed changes to the Therapeutic Goods (Permissible Ingredients) Determination:

·        Requiring listed medicines containing vitamin B6 to include a standardised label statement, amending the existing warning statement, clarifying that these products must not be directed for use in infants under 12 months and clarifying the age category for individuals aged 14-18 years. Submissions close on 25 November 2026

·        Additional risk mitigation measures regarding permissions for Myristica fragrans use during pregnancy and lactation, and adding amygdalin and hydrocyanic acid as mandatory components for several permitted ingredients. Submissions close on 14 December 2026.

16.  TGA tests unapproved peptides

On 5 November 2026 the TGA announced that it had tested Synedica branded peptide products and found that they did not contain the substances claimed on the label, including TB-500.

These products are not approved for use in Australia. The TGA recommends that consumers do not use them.

Other Australian regulatory news:

17.  Ad Standards research identifies concerns for social media and unsafe advertising

On 22 October 2026 Australian industry body Ad Standards published research identifying Australian consumers’ concerns for advertising.

Consumers were most concerned about social media advertising, as well as advertising that portrays unsafe or unhealthy behaviours, especially when advertised towards children or by social media influencers.

FoodLegal can assist businesses in reviewing advertising for compliance with regulatory requirements and industry codes of practice.

18.  Proposed AICIS amendments to categorisation guidelines for industrial chemicals

The Australian Department of Health has proposed revisions to the Australian Industrial Chemicals Introduction Scheme (AICIS) categorisation guidelines, which apply to the introduction and use of industrial chemicals in Australia.

The proposed changes consist of:

·        Addition of 57 test methods that introducers can use to show that a chemical does or does not have a human health or environmental hazard characteristic.

·        Removal of 3 test methods from the acceptable test guidelines.

·        Addition of one information source to the list and removal of one information source relating to endocrine disrupting substances.

Submissions are due by 23 November 2026.

19.  Department of Health seeks comments on PFAS evaluation

The Australian Department of Health is seeking comments on its evaluation of per- and polyfluoroalkyl substances (PFAS) which were introduced in Australia for an industrial use between 1 September 2023 and 31 August 2025.

The evaluation is based on data reported by businesses under the AICIS scheme. It found that PFAS was only imported, and not manufactured in, Australia during this time. Of the 522 total PFAS included on the AICIS inventory, only 139 were imported into Australia and 48 of these were introduced only for use in research and development.

Submissions are due by 2 December 2026.

New Zealand

20.  NZ Commerce Commission fines two supermarkets for repeated pricing errors

On 30 October 2026, two Pak’nsave supermarkets were criminally convicted for repeated pricing errors that misled consumers following action brought by the NZ Commerce Commission. Pak’nSave Silverdale was fined NZ$234,000 and Pak’nSave Mill Street was fined $346,000.

The Court found that the supermarkets displayed prices that did not match the final checkout price.

21.  NZ MPI proposes amend to MRLs for agricultural compounds

On 20 October 2026, the New Zealand Ministry of Primary Industries (NZ MPI) opened submissions on a proposal to amend the maximum residue limits for 10 agricultural compounds.

Consultation closes 19 December 2026.

United States

22.  US Department of Health proposes infant formula updates

On 29 October 2026, the US Department of Health and Human Services announced it will take the following action to amend regulation of infant formula products in the US:

-        Updating nutrition requirements including for iodine, manganese, vitamin A, and vitamin D, and reaffirm existing requirements for chloride, potassium, selenium, and sodium. Public input is being sought on use of arachidonic acid (ARA), docosahexaenoic acid (DHA) and L-carnitine. Consultation on nutrition updates is open to 26 February 2027.

-        The US Food and Drugs Administration (US FDA) is also releasing new chemical contaminant testing data, showing most infant formula samples had low levels of contaminants.

The FDA plans on releasing two more proposed rules in future to update infant formula regulation.