A warning or a criminal prosecution? How Australia’s food laws are being enforced

Australia’s food laws are mostly to be found in the Australia New Zealand Food Standards Code. However, the provisions allowing food regulators to enforce these laws exist completely separately. While food companies are often familiar with Food Standards Code requirements, they may be unsure of how these provisions are enforced, and the level of discretion available to food regulators. When will a regulator issue merely a warning or when will it issue an infringement notice? What types of conduct by a food company will be targeted for criminal proceedings? This article provides further information.

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