FoodLegal

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

© Lawmedia Pty Ltd, October 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 A1365 by Chinova Bioworks Inc. to permit chitosan from white button mushroom (Agaricus bisporus) in food categories that do not have permissions for additives permitted at good manufacturing practice (commenced 1 October 2026).

·        Application A1364 by BMC Ingredients to permit the sale and use of whole Neurospora crassa biomass (Rhiza mycelium) as a novel food (commenced 29 September 2026).

·        Application A1363 by Syngenta Australia Pty Ltd to permit the sale and use of food derived from corn line ZZM032, genetically modified to tolerate the herbicides glufosinate and glyphosate (commenced 15 September 2026).

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

2.     FSANZ calls for submissions

FSANZ has called for submissions on the following Applications:

-        Application A1326 – Addition of phytosterols, phytostanols and their esters as a novel food to bread. Submissions close 27 October 2026.

-        Application A1325 - Use of steviol glycosides as a food additive in hot plate flour products. Submissions close 11 November 2026.

3.     FSANZ Board Communique outcomes

On 14 and 15 September 2026, the FSANZ Board met to discuss various matters, including:

-        Requesting Application A1341 (Cell cultured duck biomass as a food ingredient) to be given in-session consideration on 6 October 2026. The outcome of this meeting is not yet available.

-        Receiving an update on Proposal P1067 (Health Star Rating System), including consultation activities, stakeholder feedback and planned next steps. The board noted that further assessment and consultation work is ongoing.

-        Noting progress on Proposal P1066 (Young child formula review). FSANZ is continuing to assess submissions in preparation for the next round of consultation.

-        Discussing a principles-based review of food labelling in the digital economy, including developing a framework to support digital food labelling approaches in future. FSANZ flagged potential public consultation on these aspects in future.

-        Development of a Food Regulation System Evaluation Framework, developed in consultation with the Food Regulation Standing Committee.

Australian Competition and Consumer Commission (ACCC) news:

4.     Retailers penalised for allegedly misleading Black Friday sales

On 29 September 2026 the ACCC announced that furniture retailer The Sleeping Giant Pty Ltd trading as James Lane, and children’s play equipment retailer, Systems Operations Pty Ltd trading as Vuly Play Group, have paid infringement notice penalties in relation to their marketing of 2025 Black Friday sales.

Although these cases do not concern food businesses, they demonstrate that businesses must not market sales in a way that is misleading, including by presenting a false sense of urgency.

The ACCC alleged that both retailers represented that the sales were only available for a limited time, when in fact the products were available at the discounted rate after the advertised end of the sale. The sales were marketed using terms such as ‘Sale ends today’ and an online countdown timer.

5.     Timber wholesaler penalised for allegedly misleading claims about bushfire suitability

On 24 September 2026 the ACCC announced the timber wholesaler and importer Bayswater Timber Wholesalers Ptd Ltd had paid an infringement notice penalty of AUD$19,800 for allegedly claiming that its products were suitable for use in bushfire prone areas when this was not the case.

Although this case did not concern a food business, it demonstrates that the ACCC is examining claims about product characteristics, especially with respect to natural products where characteristics may change due to seasonal or other variations. Even though Australian Standards may not necessarily be mandatory in a given case, they can provide an avenue for ensuring that claims are validated.

According to the ACCC, the products did not meet minimum density requirements under Australian Standard 3959-2018 for ‘Construction for buildings in bushfire-prone areas’.

6.     Online retailer pays penalties for misleading ‘strikethrough’ pricing

On 21 September 2026 the ACCC announced that Digital Imaging Express Pty Ltd, trading as digiDirect had paid infringement notice penalties of AUD$99,000 for allegedly presenting online sale prices in a way that was misleading.

Although this case did not concern a food businesses, it demonstrates that sale prices should not be misleading, especially when communicated online. In particular, when using a ‘strike-through’ price, the price should represent the genuine normal retail price for the product.

The ACCC alleged that digiDirect advertised products using a ‘strikethrough’ price, when in fact the products were rarely advertised and almost never sold at the higher price, causing consumers to believe they were getting a genuine discount when this was not the case.

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

7.     DAFF import and export notifications

DAFF has provided the following notices impacting foods imported to or exported from Australia:

·        Thailand’s Department of Fisheries has added blue mussels (Mytilus galloprovincialis) to their list of species not permitted for live import. Thai importers may apply for case-by-case approval to import live blue mussels. Importers should contact Thailand’s Department of Fisheries regarding the process for such approvals. This change took effect on 1 September 2026

·        DAFF has negotiated an updated endorsement for the export of milk and milk products for human consumption to French Polynesia. The updated endorsement meets French Polynesian import requirements and will be available in NEXDOC from 30 September 2026.

·        DAFF is conducting a biosecurity risk analysis to establish import conditions for fresh aehobak (Korean summer squash) from Republic of Korea. DAFF is requesting contributions of relevant scientific information, and expects to conduct a formal round of public consultation in the second half of 2027

·        DAFF has extended the comment period for a draft report proposing that the importation of commercially produced decrowned pineapples to Australia from all commercial production areas of India and Indonesia can be permitted, subject to a range of biosecurity requirements. The updated submission window closed on 5 October 2026

·        The import conditions for fresh citrus fruit imported from Egypt have been updated. Such products now require an import permit from 15 September 2026.

·        On 15 September 2026 DAFF imposed a six-month suspension of imports of fresh whole pomelo fruit grown or produced in Vietnam, following concerns that biosecurity risks were not being effectively managed

·        Imported chilled segmented durian from Thailand were re-introduced onto the Compliance-Based Intervention Scheme from 7 October 2026. Importers who demonstrate consistent biosecurity compliance will benefit from reduced clearance processes.

8.     New standard permit options for imports not intended for livestock and imports for animal related purposes

On 30 September 2026 DAFF announced that the following standard import permits are now available for imported products:

·        goods for Animal related purposes

·        retail ready goods for Animal related purposes

·        goods not permitted for livestock

·        retail ready goods not permitted for livestock

9.     DAFF releases imported food inspection data for 2025

In September 2026 DAFF released its report of food inspection data between January-December 2025.

According to the report, 23,995 entries of food were referred to inspection with a 98.9% compliance rate, which is comparable with previous years.

10.  DAFF releases import risk review for the inclusion of avian material in aquaculture feed

 On 6 October 2026 DAFF released its final report on the Import risk review for the inclusion of avian material in aquaculture feed.

The review recommends an additional heat treatment step to reduce the biosecurity risk of this product. This recommendation may be reflected in a future update to import conditions for avian material in aquaculture feed.

11.  New biosecurity instruments in effect

On 1 October 2026 the following biosecurity instruments took effect:

·        Biosecurity Regulations 2026

·        Biosecurity (Movements between Parts of Australian Territory) Declaration 2026

·        Biosecurity (Exposed Conveyances Exempt from Biosecurity Control) Determination 2026

·        Biosecurity (Reportable Biosecurity Incidents) Determination 2026

These instruments are made under the Biosecurity Act and replace the corresponding instruments made in 2016, which have now ceased to have effect following their scheduled sunsetting.

Other Australian regulatory news:

12.  ACNF updates Record of Views

The Advisory Committee on Novel Foods (ACNF) updated its record of views in September 2026. The record of views provides the ACNF’s non-binding opinions on the novel status of ingredients submitted to it by industry.

There is one new entry consisting of a view that Miracle berry powder (Synsepalum dulcificum) is a non-traditional, novel food.

FoodLegal can advise businesses on the novel status of ingredients and implications for their use.

13.  TGA removes Andrographis paniculata (Andrographis) from listed medicines framework

The Therapeutic Goods Administration (TGA) has removed Andrographis paniculata from the listed medicines framework following allergy concerns.

Medicines containing this substance currently listed on the Australian Register of Therapeutic Goods (ARTG) are no longer eligible for supply in Australia. The TGA has indicated sponsors that do not take action following this development may face regulatory scrutiny from mid-October 2026.

14.  TGA commenced proceedings for unlawful peptide advertising

The TGA has indicated they have commenced proceedings in the Federal Court of Australia against a company in liquidation (formerly BioV8 Pty Ltd) and its former directors for unlawful advertising of prescription-only therapeutic goods including peptides.

The TGA alleges that BioV8 promoted the use of peptides for the treatment of serious diseases including regarding cancer, HIV/AIDs and mental illnesses – such representations are restricted representations or prohibited representations.

15.  TGA to consult on additional controls for active sunscreen ingredient

On 11 September 2026, the TGA opened consultation on the use of 4-methylbenzylidene camphor, following a review into efficacy and safety of various sunscreen ingredients in September 2026.

Submissions closed on 12 October 2026.

16.  TGA seeks comments on proposed regulatory changes

The TGA is seeking comments on the following items:

-        The adoption of 11 international scientific guidelines. Submissions closed 25 September 2026.

-        Proposed changes to automated decision making for applications to change listed medicines. Submissions closed 30 September 2026.

-        Proposed changes to required advisory statements for medicine labels. Submissions closed 4 September 2026.

-        Two proposals to amend the current scheduling of nitrous oxide. Submissions closed 12 October 2026.

17.  National Poisons Standard updates take effect

The following amendments to the Poisons Standard took effect on 1 October 2026:

-        To reduce the permissible maximum level of lead in anti-fouling paints to 0.06%;

-        To add a new entry for Camellia sinensis extract (green tea extract);

-        Acrylates and methacrylates based on bisphenol A;

-        Adding a new entry for Bacillus paralicheniformis  in Appendix B;

-        Adding Dimethyl disulfide into Schedule 6;

-        Adding enflicoxib sodium in Schedule 4;

-        Adding spidoxamat in Schedule 5;

-        6-methylnicotine (to be added in Schedule 9); and

-        Somatrogon, lonapegsomatropin and somapacitan (to be added in Schedule 4)

New chemical entities have also been added in Schedule 4 for:

-        Bempedoic acid;

-        Efanesoctocog alfa;

-        Eplontersen;

-        Gadoquatrane;

-        Gepotidacin;

-        Glutasidenib;

-        Tapinarof; and

-        Tteplizumab.

18.  TGA news advertising

On 28 September 2026, the TGA published updated guidance regarding when news is subject to therapeutic goods advertising rules.

The guidance is aimed to assist journalists and broadcasters in determining whether a report about a therapeutic good is genuine news, or whether it is advertising subject to TGA restrictions..

19.  AICIS categorisation guidelines take effect

On 1 September 2026, the annual release of updated Industrial Chemicals Categorisation Guidelines took effect. The primary changes include:

-        Adding 293 new entries based on updates to external sources;

-        Updating details for 122 existing entries;

-        Removing 2 chemicals, as they no longer appear in source documents;

-        Correcting the CAS number for bis(pentachlorophenyl) carbonate;

-        Adding 5 chemicals to part 6.5.2 (information required to demonstrate absence of developmental toxicity); and

-        New single definition of ‘chemical identity holder’.

Separately, AICIS has added Gnidia daphnifolia, ext. (CAS no. 2207590-23-4) to the Australian Inventory of Industrial Chemicals (Inventory) following assessment. The chemical is subject to specified use cases and concentrations beyond which its entry is out of scope.

20.  South Australia alcohol delivery laws come into effect

On 17 June 2026, changes to the Liquor Licensing Act 1997 (SA) became effective in South Australia. Changes include (and follow recommendations made by a royal commission into domestic violence):

-        Establishing a minimum two hour pause between placement of an online or direct sales order and delivery to any SA address; and

-        Restricting same-day alcohol delivery to between 10am-10pm.

21.  AICIS consultations and publications

The Australian Industrial Chemicals Introduction Scheme (AICIS) has opened comment on 21 draft evaluations for chemicals on the Australian Inventory of Industrial Chemicals. Consultation closes 26 November 2026.  

On 21 September 2026, AICIS also publishes assessment statements on the following chemical names or AICIS approved chemicals names:

-        2-Propenoic acid, telomer with 2,5-furandione and oxomineral acid, sodium salt, peroxydisulfuric acid ([(HO)S(O)2]2O2) disodium salt initiated

-        Benzoic acid, 2-hydroxy-, 2-methylpentyl ester

-        Phosphorous acid, triphenyl ester, polymer with 1,4-cyclohexanedimethanol and .alpha.-hydro-.omega.-hydroxypoly[oxy(methyl-1,2-ethanediyl)], C10-16-alkyl esters

-        Phenol, 4-(butoxymethyl)-2-methoxy-

-        1-Octen-3-ol, 3,7-dimethyl-, 3-acetate

-        Ethanaminium, 2-[3-(dioxoheteromonocycle)propoxy]-N,N,N-trimethyl-, monopolyisobutylene derivs., Me oxalates

-        Fatty acids, candelilla wax, mixed esters with jojoba fatty acids, polyglycerol and rice bran-oil fatty acids

-        Dodecanoic acid, 2-sulfoethyl ester, sodium salt (1:1

-        Tetrapleura tetraptera, ext.

-        Morpholine, 4-Cx-y-alkyl derivs.

-        1,2-Benzenedicarboxylic acid, 3,4,5,6-tetrabromo-, 1-[2-(2-hydroxyethoxy)ethyl] 2-(2-hydroxypropyl) ester, polymer with 1,3-isobenzofurandione, 2,2′-oxybis[ethanol], polymethylenepolyphenylene isocyanate and α,α′,α′′-1,2,3-propanetriyltris[ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)]]

New Zealand:

22.  NZ updates Advertising Standards Code

The New Zealand Advertising Standards Authority (ASA) has updated its Advertising Standards Code. The changes, which will come into effect in 2027 (1 February for new advertising and then 1 April for all advertising), include:

-        Giving environmental issues more importance and status analogous to that of social responsibility and truthful presentation;

-        Addressing privacy, greenwashing and testimonial issues; and

-        Strengthening substantiation requirements.

23.  NZ Commerce Commission initiates court action for misleading online rankings

On 5 October 2026, the NZ Commerce Commission initiated action in the NZ High Court against Top Reviews and Auckland Magazine, alleging both businesses made misleading representations including regarding rankings of New Zealand businesses. The NZ Commerce Commission is alleging:

-        The magazine approached businesses for favourable rankings, whilst presenting their reviews as independent and impartial;

-        Some people presented as ‘staff writers’ were real people without knowledge their identities were being used; and

-        Some businesses ranked did not contain a NZ presence and in fact operated from overseas.

The Commerce Commission is seeking declarations that Top Reviews and Auckland Magazine breached the Fair Trading Act, an injunction to prevent further breaches, as well as cooperation from internet service providers to block websites from displaying the allegedly misleading content.

24.  NZ MPI publishes Infant Formula Products Standard 2026

On 22 September 2026, the NZ Ministry for Primary Industries (NZ MPI) published the 2026 Infant Formula Products Standard. The Standard operates in New Zealand only, as New Zealand opted out of new changes to the Food Standards Code that came into effect in September 2024.

The Standard incorporates most requirements that existed in Standard 2.9.1 of the Food Standards Code prior to September 2024, and prescribes other requirements for protein information, nutrition information and prohibited representations.

25.  NZ updates requirements for imported grapes

On 16 September 2026 the new Import Health Standard for Fresh Table Grapes took effect.

The requirements include additional pest treatment steps, including measures for brown widow spider, melon thrips and bitter rot of grapes.

26.  NZ MPI updates Brazil overseas market access requirement

On 10 September 2026, the NZ MPI published a wine notice: for Brazil Wine Overseas Market Access Requirements 2026. The notice includes eligibility, analytical, testing, identification, labelling and assurance requirements for export of wine to Brazil.

27.  NZ MPI publishes issues paper for 2026-27 review of Dairy Industry Restructuring Act 2001 (NZ) 

On 28 September 2026, the NZ MPI published an issues paper for the 2026-27 review of the Dairy Industry Restructuring Act 2001 (NZ). The MPI is seeking submissions regarding market concentration, barriers to entry and expansion in the dairy industry.

Submissions close 23 November 2026.

28.  NZ Food Safety proposes changes to template plans

NZ Food Safety is seeking feedback on proposed changes to the following plans:

-        Simply Safe & Suitable template Food Control Plan; and

-        Food Notice: Food Service and Food Retail Business Food Control Plan templates issued under section 39.

Consultation closes 15 November 2026.

European Union:

29.  European Commission requests evaluation into reference doses for Precautionary Allergen Labelling (PAL) purposes

In May 2026, the European Commission requested the European Food Safety Authority (EFSA) conduct an evaluation to review the validity of reference doses adopted by Codex Alimentarius.

The review will focus specifically on the reference amounts and consumption amounts for food categories across the EU population specifically, and aims to harmonise PAL labelling approaches in Europe. EFSA’s assessment is expected in 2028.

30.  EU greenwashing rules come into effect

On 27 September 2026, the EU Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825) came into effect. Member states were required to implement the directive into law by 27 March 2026.

As part of the directive, generic environmental claims are banned, claims about future environmental commitments must comply with stricter eligibility requirements, and sustainability labels must comply with new controls.

United Kingdom (UK):

31.  “Single Malt Welsh Whisky” protected spirit drink name application

On 13 September 2026, the UK published “Single Malt Welsh Whisky” under the list of applications for registered spirit drink names in Class 2 (Whisky or whiskey). If accepted, the name will become a protected geographical indication.

United States (US):

32.  US FDA releases 2026 Food Code

On 17 September 2026, the US Food and Drugs Administration (FDA) implemented the 2026 Food Code – a model uniform law offered for local, state, tribal, territory and Federal US jurisdictions to implement.

The 2026 Food Code includes updates from the 2022 code including (but not limited to) food safety management systems, cooling and gloving requirements, allergen cross-contact and sanitation, and specialised guidance for certain products (e.g. sushi rice, mushroom hazards and dehydrated food).

33.  FDA finalises rule on salt substitutes

On 13 October 2026, the US FDA issued a final rule to permit the use of salt substitutes in foods governed by ‘standards of identity’ (standards for minimum compositional requirements, e.g. for milk, chocolate and ketchup) that specify sodium chloride as a required or optional ingredient. The ruling is intended to reduce US salt intake, which a common risk factor for major diseases such as heart disease.

This is general information rather than legal advice and is current as of 12 Oct 2026. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.