Is Australia’s novel food regulation 'exclusivity' option protected against food imported by New Zealand?

Currently there are two ways to sell novel food in Australia – either applying to amend the Australia New Zealand Food Standards Code or relying on Australia’s free trade agreement with New Zealand to bypass the compliance requirements. However, what happens when there is overlap? What if you apply to amend the Code and someone else uses the free trade agreement? This article discusses how the overlap and “loophole” created by the free trade agreement may be overcome in light of new proposals to change the definition of “novel foods” in the Food Standards Code.

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