Current Developments in Food Law and Policy

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Current Developments in Food Law and Policy

By Joe Lederman 

FoodLegal Lawyers and Consultants

© Lawmedia Pty Ltd, September 2011

• New Vending Machine Laws in Victoria
• Recallnet Webportal launched
• Raw Milk cheeses FSANZ proposal
• Tougher NSW policy on food service safety supervisors
• Federal Parliament SenateSelect Committee on Australia's Food Processing Sector
• Reduction in length of time for feedlot approval in WA 
• Minimum Alcohol Content for Wine 
• Therapeutic Products non-compliance  
• Food Industry Forum – Training Fundamentals 

1.      Recallnet Webportal launched

From 1 July 2011, changes to the Food Act 1984 (Vic) have been implemented in Victoria. These changes have created additional legal responsibility and food business registration requirements in relation to food vending machines. Vending machines are defined to include:

“a machine from which there is an automated sale of food without any attention or intervention by the seller at the time of sale.”

If there is an attendant to whom money is paid before accessing the goods, this is referred to as a ‘self-serve’ rather than a ‘vending’ machine. The laws for self-serve machines have not been altered.

The new requirements for vending machines are as follows:

1)    Locate your principal council, being the municipal council primarily responsible for approving the food handling operations of a business with a food vending machine. The 3 alternative ways of identifying a principal council are:

• the council in the district in which the food to be sold in the vending machines is prepared or sold, or
• the district in which the business address is located, or
• the district in which the machine will first operate when registered or notified.

2)    Report on your food-handling activities, so that the council may judge the food safety risk associated with the product(s) and place the vending machine in the appropriate risk class. Classes 2 (highest risk) through 4 (lowest risk) can apply to a vending machine, with the requirement for registration with the council applying to Classes 2 and 3 machines, and notification for the council applying to Class 4 machines.

3)    Lodge registration or notification form (from Step 2 above) with the council before 1 October 2011.

There are concerns over the impact this new law change may have on small businesses with a small number of vending machines. Safety concerns about vending machines have arisen because new vending technologies that cook food are considered to be equally hazardous to other cooked food outlets. A previous FoodLegal Bulletin article from 2008 entitled ‘Legal Responsibility and Food Vending Machines’ may be viewed here.

2.      Recallnet Webportal launched

From 11 August 2011, the new Recallnet Webportal became operational as a food recall notification system for the grocery and liquor sectors in Australia. The webportal is managed by GS1. According to their website, the system is:

a standardised, industry-driven communication tool enabling organisations of any size including manufacturers, wholesalers, retailers and importers to share real-time product recall and withdrawal notifications with their trading partners and regulators in a secure and efficient manner

The system has involved a collaboration between GS1, FSANZ and the ACCC. In her launch speech, the Parliamentary Secretary for Health and Ageing, Catherine King (who in that capacity is also the Chairperson of the Australian and New Zealand Food Regulation Ministerial Council) said:

“The portal will enable food product information on a food recall to be sent to FSANZ electronically.

This food product information will then be used by FSANZ to develop information about the recall, for dissemination to government, industry and consumers, as part of their statutory role in coordinating national food recalls.”  

3.      Raw milk cheeses FSANZ proposal

FSANZ are considering allowing the production of ‘non-pasteurised hard to very hard cooked curd cheeses’. Submissions commenting on the FSANZ Proposal P1007 may be made until 14 October 2011.

FSANZ mentions its concerns about the high safety risk of bacteria that may be harmful to humans when consumed.

Previous FoodLegal Bulletin articles (from December 2007: ‘Legal Ramifications in Supply of Unpasteurised Milk’ and from August 2008: ‘Update on the Law of Unpasteurised Milk’) have pointed out that some imported raw milk cheeses were already being permitted and that the Australia New Zealand Food Standards Code was therefore discriminating against domestic raw-milk cheese production.

4.      Tougher NSW policy on food service safety supervisors

From 1 October 2011, the New South Wales Food Authority intends to take a tougher approach against food service businesses that do not have a Food Safety Supervisor (FSS) capable of complying with the legislative requirements, which are that supervisors:

• Must have an FSS certificate that is less than 5 years old;
• Must not be an FSS at any other food premises; and
• Must have the authority to supervise the safe handling of food by other people.

Supervisors must complete training, and then the food premises must notify the relevant authority (usually their local council) as to the identity of their FSS.

5.      Federal Parliament Senate Select Committee on Australia's Food Processing Sector

A Senate Select Committee has been formed to investigate the future of Australia’s food manufacturing industry. The Committee is accepting submissions until 5pm on 3 October 2011. The report is expected to be completed by the Committee by 30 June 2012, and will cover:

(a) the competitiveness and future viability of Australia’s food processing sector in global markets;

(b) the regulatory environment for Australia’s food processing and manufacturing companies;

(c) the impact of Australia’s competition regime and the food retail sector, on the food processing sector, including the effectiveness of the Competition and Consumer Act 2010;

(d) the effectiveness of anti-dumping rules;

(e) the costs of production inputs including raw materials, labour, energy and water;

(f) the effect of international anti-free trade measures;

(g) the access to efficient and quality infrastructure, investment capital and skilled labour and skills training; and

(h) any other related matters.  

6.      Reduction in length of time for feedlot approval in WA

Adherence to the National Beef Cattle Feedlot Environmental Code of Practice (NFECOP) is a requirement for accreditation under Australia’s National Feedlot Accreditation Scheme (NFAS), for any company operating a feedlot business.

The NFECOP requires the business operator to monitor, record and report on different aspects of feedlot operations, climate, soils, effluent management, complaints, manure, surface water, groundwater and staff training.

The WA Department of Agriculture Beef Feedlot project coordinator has announced that the process for approval in Western Australia has been streamlined recently and the approval waiting time has been reduced from 18 months to 9 weeks. 

7.      Minimum Alcohol Content for Wine

FSANZ Application Number A1026 was finalised on 19 August 2011 with FSANZ approving the application submitted by the Winemaker’s Federation of Australia (WFA) seeking to reduce the threshold minimum for ethanol in wines from 80 mL/L (of ethanol at 20 degrees Celsius) to 45 mL/L (or 4.5%).

Most imported wines do not have to have an alcohol content above 8% to be defined and sold as wines. The Australian laws therefore had previously discriminated against Australian domestic winemakers.

FSANZ’s approval came after submissions that were made by Australian wine industry participants (and others) between 21 April and 2 June 2011.

FSANZ said in relation to the Application that:

• It did not raise any public health or safety issues – indeed it could be beneficial to public health standards;
• It promoted consistency between domestic and international standards;
• The benefits outweighed any associated costs;
• There were no New Zealand standards that needed to be taken into account;
• A variation of this provision in the Australian New Zealand Food Standards Code was the only regulatory solution.

8.      Therapeutic Products non-compliance

An audit undertaken by the Australian National Audit Office (ANAO) has confirmed that false safety and efficacy claims on many vitamins and complementary healthcare products are being overlooked by the Therapeutic Goods Administration (TGA), which is the Australian federal regulator for such products.

The Therapeutic Goods Act 1989 (Cth) and Therapeutic Goods Regulations 1990 (Cth) outline the standards that need to be met in regard to quality, and the reporting of side-effects, with the audit confirming that almost 90% of alternative medicines in Australia do not meet these standards.

FoodLegal,in conjunction with the SAI Global group, is running a Symposium that focuses on the regulation of dietary supplements and health-related functional foods.

Expert speakers will be addressing the points of interface of regulatory regimes for foods and complementary health products. The health-orientated marketing laws for such products and dietary programs will be discussed by speakers who include leading regulators from FSANZ and the Australian Competition and Consumer Commission (ACCC). The Symposium will also consider recent enforcement approaches by the ACCC and the NSWFA concerning marketing and compositional requirements for health-oriented products.

The FoodLegal Symposium is called ‘Healthy Bodies of Law: Food or Therapeutic? Finding Advantages In The Regulatory Differences’. The Symposium will be held at The Menzies Hotel in Sydney on Monday 10 October 2011 but requires pre-booking to be made soon to secure a place. To obtain more information, click here.

9.      Food Industry Training Forum in Victoria

The Victorian Food Industry Training Board is holding a forum on training opportunities with the Victorian Training Scheme and related developments. It will be held on Thursday, 6 October 2011 from 9:30am until 12:30pm, Collins Street (the venue will be confirmed upon receipt of registration). The forum will cover:

• Which qualifications and programs can attract Victorian State Government financial support
• New qualifications for the Food Industry 2011-12
• Tips for developing a supportive government working relationship with your Registered Training Organisation.
• More information about available supportive resources.

To register log-on to the VFITB website – www.vfitb.com.au

For any queries please call 03 9621 3349.