FoodLegal Bulletin, March 2010

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The Commonwealth Health Minister has been a strong advocate for the creation of a new Commonwealth government agency to be known as the Australian National Preventative Health Agency. This article questions why the government needs to establish this separate Agency in relation to initiating and implementing policies that will help counter obesity and its related adverse health consequences. The article suggests a need for the government to review its approach and to consider a better way to achieve more effective results.

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On 5 March 2010, the Food Labelling Law and Policy Review released an Issues Consultation Paper. This Review, by an expert panel, is supposed to address the numerous flaws inherent in the food labelling system. This Review is very comprehensive, dealing with complex and controversial issues such as Country of Origin, Front of Pack Labelling and Characterising Ingredients. It is essential that any person or company involved in the food industry read the Issues Consultation Paper and make a Submission if deemed necessary.

The “Transitional” Health Claims Standard 1.1A.2 of the Australian New Zealand Food Standards Code has allowed food marketers to find various legal avenues that permit the marketing of the healthier aspects of their products without infringing the Food Standards Code. In 2009, one of these avenues was challenged by a government regulator. Our article examines the extent to which a loophole area may still be relied upon in the marketing of the “healthy” aspects of food without infringing the law.

The regulation by the Australia New Zealand Food Standards Code of permitted food additives focuses on the maximum level allowed for prescribed individual additives rather than the additive content of food as a whole. Consequently, concerns have been raised about the possible effects of consuming an ‘additives cocktail’. This article examines these issues, as well as a food company’s obligations when it comes to labelling and the food additive content of a product.

Front-of-Pack Labelling seems to be a foregone conclusion since the release of the Ministerial Council Policy Statement in October 2009. However, recent studies done on front-of-pack labelling systems overseas prompts questions as to the best method to use, or whether it is necessary at all. This article provides readers with an analysis of the various systems being used overseas and which are currently being considered by Australian regulatory authorities.

The Codex Alimentarius, a collection of international Food Standards aimed at protecting consumer health and promoting fair trade, is becoming more influential on both the world’s food producing nations, and companies involved in the international trade in food. While Codex is not legally binding in many jurisdictions including Australia, this article explores some of the ways Codex influences the development and standardization of international law and the Australia New Zealand Food Standards Code. 

Further additional food law developments, including:

• New Zealand Dietary Supplements laws to change!
• UK food authority to implement a front-of-pack labelling system
• Food for Special Medical Purposes is underway again
• Move on use of phytosterols
• Beef imports ban retained in administrative format