Foreword (June 2018)


By Joe Lederman (FoodLegal Co-Principal)

Welcome to the June-July 2018 bumper edition of FoodLegal Bulletin!

In this June-July 2018 edition of FoodLegal Bulletin

Our FREE article “Current developments in food law and policy in Australia and elsewhere” provides this month’s update on many new regulatory developments for food producers and suppliers, beginning with Australia, but also internationally.

Australia’s new Country of Origin Labelling laws take effect on 1 July 2018. In the article “Unintended impacts of new Country of Origin record keeping up and down the supply chain” FoodLegal Co-Principal Charles Fisher analyses the record-keeping obligations imposed by these new Country of Origin Labelling laws, and the requirements they place on food businesses throughout the supply chain.

Foods for Special Medical Purposes have broader compositional requirements than numerous other food products. Our article “What limitations exist for Food for Special Medical Purposes allowances?” explores the limits of these permissions, and explains when regulatory pre-approval will be required in light of the recent FSANZ proposal to permit a new amino acid in Foods for Special Medical Purposes.

The article “When does a new probiotic strain need regulatory pre-approval to be used in food?” by Charles Fisher outlines the key regulatory questions to consider when using traditional ingredients such as probiotics in innovative ways, including when regulatory pre-approval might be necessary.

The Australian Federal Department of Industry has stated that Australia’s new Country of Origin Labelling Laws will apply to products from New Zealand. Our article “What is the impact of the Country of Origin requirements on New Zealand products?” examines the effect of the latest changes on the labels of New Zealand products being sold in Australia, and how this impacts our bi-national trading relationship.

A proposal to update Australia’s nutrient reference values may influence the ability of food companies to make certain nutrition content claims. Our article “FSANZ proposal for review of regulatory nutrient reference values” looks at the likely changes and how this will affect product labelling and marketing.

Many food companies may not be aware that food regulators may seek to impose liability on company directors or managers for a breach of the Food Act in certain circumstances. Our article “Piercing the corporate veil under the Food Acts: Implications for directors and managers of non-compliant food companies” breaks down the provisions in each Australian State and Territory that impose personal liability, and the circumstances in which they will apply.

Our article “The food regulatory and marketing implications of animal feed supplementation in Australia” explains the regulation of animal feeds in Australia, and the connections and contrasts for the compositional and labelling requirements of food for animals that are feed feedstocks that have been fortified using substances such as fatty acids or various vitamins and minerals, including such issues as product fortification, vitamin and mineral claims, food product categorisation, and other labelling issues.

We hope you enjoy this edition of FoodLegal Bulletin!

Joe Lederman


This is general information rather than legal advice and is current as of 25 Jun 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.