
Foreword (May 2018) Foreword Welcome to the May 2018 edition of FoodLegal Bulletin! By Joe Lederman (Managing Principal, FoodLegal) There are still places available at our upcoming FoodLegal workshops in Sydney and Melbourne. This session is an important one to catch up with recent Australian Consumer Law cases and to get answers on the imminent mandatory application (1 July 2018) of the new Country of Origin Information Standard. Pre-registration is required. Seats are limited. Register for SYDNEY Monday 28 May 2018 Register for MELBOURNE Thursday 31 May 2018 In this edition of FoodLegal Bulletin In our FREE article “Current developments in food law and policy in Australia and overseas” we cover not only ACCC cases that deal with food companies but also important court decisions with broad implications for food companies (the legal outcomes are equally applicable to business at large). In our second FREE article “Does the new country of origin labelling apply to inner packs?”, FoodLegal principal Charles Fisher explains that the Country of Origin Information Standard has anomalies in dealing with an issue even though similar issues are dealt with differently in other laws. The laws have different purposes but create additional regulatory costs for food companies. Many food companies are aware of notification requirements for food recalls and ACCC purposes, but are much less aware of very important requirements for mandatory notifications under Australia’s biosecurity laws. Our article “Statutory reporting requirements for biosecurity risks on foods imported to Australia” explains the regulatory framework, incidents that must be notified, and the huge penalties for non-compliance. Our article “Waste Management regulatory regimes in Australia and further developments to watch” addresses emerging developments that have triggered the need to review Australia’s arrangements for waste management and examines the current regulatory framework. Certain meat definitions are changing, in particular that of lamb. In our article “How new definitions can redefine meat marketing” we explore potential opportunities for other value-adding by legal definitions that could be considered by the meat industry or individual meat companies considering the legal position. FoodLegal Scientist Rozita Vaskoska’s article “Carrageenan as a disputed food additive” provides the latest scientific literature review and analysis of different prevailing schools of thought on carrageenan, and identifies the legal regulatory issues that need to be considered. A lot of people do not understand the interface between industry standards and their importance in meeting legal requirements. Many make the mistake of assuming that all industry standards are voluntary. Our article “The practical differences between industry-based private compliance and legal regulatory compliances” looks at the relationship between industry standards and legal standards and explores when a voluntary standard can be legally binding or carry the same weight as a mandatory law. We hope you enjoy this edition of FoodLegal Bulletin! Joe Lederman Editor This is general information rather than legal advice and is current as of 8 May 2018. We therefore recommend you seek legal advice for your particular circumstances if you want to rely on advice or information to be a basis for any commercial decision-making by you or your business.

Foreword (May 2018)

Foreword

Welcome to the May 2018 edition of FoodLegal Bulletin!

By Joe Lederman (Managing Principal, FoodLegal)

There are still places available at our upcoming FoodLegal workshops in Sydney and Melbourne. This session is an important one to catch up with recent Australian Consumer Law cases and to get answers on the imminent mandatory application (1 July 2018) of the new Country of Origin Information Standard.

Pre-registration is required. Seats are limited.

Register for SYDNEY Monday 28 May 2018

Register for MELBOURNE Thursday 31 May 2018

In this edition of FoodLegal Bulletin

In our FREE article “Current developments in food law and policy in Australia and overseas” we cover not only ACCC cases that deal with food companies but also important court decisions with broad implications for food companies (the legal outcomes are equally applicable to business at large).

In our second FREE article “Does the new country of origin labelling apply to inner packs?”, FoodLegal principal Charles Fisher explains that the Country of Origin Information Standard has anomalies in dealing with an issue even though similar issues are dealt with differently in other laws. The laws have different purposes but create additional regulatory costs for food companies.

Many food companies are aware of notification requirements for food recalls and ACCC purposes, but are much less aware of very important requirements for mandatory notifications under Australia’s biosecurity laws. Our article “Statutory reporting requirements for biosecurity risks on foods imported to Australia” explains the regulatory framework, incidents that must be notified, and the huge penalties for non-compliance.

Our article “Waste Management regulatory regimes in Australia and further developments to watch” addresses emerging developments that have triggered the need to review Australia’s arrangements for waste management and examines the current regulatory framework.

Certain meat definitions are changing, in particular that of lamb. In our article “How new definitions can redefine meat marketing” we explore potential opportunities for other value-adding by legal definitions that could be considered by the meat industry or individual meat companies considering the legal position.

FoodLegal Scientist Rozita Vaskoska’s article “Carrageenan as a disputed food additive” provides the latest scientific literature review and analysis of different prevailing schools of thought on carrageenan, and identifies the legal regulatory issues that need to be considered.

A lot of people do not understand the interface between industry standards and their importance in meeting legal requirements. Many make the mistake of assuming that all industry standards are voluntary. Our article “The practical differences between industry-based private compliance and legal regulatory compliances” looks at the relationship between industry standards and legal standards and explores when a voluntary standard can be legally binding or carry the same weight as a mandatory law.

We hope you enjoy this edition of FoodLegal Bulletin!

Joe Lederman

Editor

This is general information rather than legal advice and is current as of 8 May 2018. We therefore recommend you seek legal advice for your particular circumstances if you want to rely on advice or information to be a basis for any commercial decision-making by you or your business.