FoodLegal

By Joe Lederman and John Thisgaard (FoodLegal Co-Principals) 

© Lawmedia Pty Ltd, February 2025 

Australian food regulatory news 

1.     Australian Department of Agriculture removes Germany from FMD-free list following outbreak of Foot and Mouth Disease

On 13 January 2025 the Australian Department of Agriculture, Fisheries and Forestry (DAFF) removed Germany from its list of countries recognised as being free from foot and mouth disease (FMD), following an outbreak of the disease in Germany in late 2024.

Most dairy products can only be imported into Australia if they were sourced and processed in a country that Australia recognises as being free from FMD. As a result, many dairy products cannot be imported to Australia from Germany, subject to case-by-case assessments.

FoodLegal can assist impacted businesses.

2.     Australian Packaging Covenant issues deadline for REDCycle plastic recycling labelling removal

On 29 January 2025 the Australian Packaging Covenant (APCO) issued a reminder to its members to update their labels to remove reference to the REDCycle system by 1 July 2025.

APCO oversees the implementation of the Australasian Recycling Logo (ARL), a standardised suite of packaging disposal logos used by food product suppliers and manufacturers. REDCycle was a collection and recycling program for soft plastics that collapsed in 2022 because the operator was stockpiling the soft plastic materials and was unable to recycle them.

3.     TGA announces 2024-25 compliance priorities and education priorities

On 16 January 2025, the Therapeutic Goods Administration (TGA) announced its compliance and education priorities for 2024-25. Priorities include:

·        Communication and education products relating to the Import, Advertising and Supply Compliance Priorities 2023-25;

·        Publishing information on compliance and enforcement activities;

·        Maintaining education resources on the TGA website, and offering training opportunities;

·        Engagement with key stakeholders; and

·        Maintenance and enhancement of an advertising enquiry management function.

These priorities do not cover enforcement. Rather, enforcement priorities are outlined in the Import, Advertising and Supply Compliance Priorities 2023-25. These priorities include enforcement of nicotine and vaping products, falsified therapeutic goods that contain high amounts of dangerous substances, and non-compliant ‘traditional’ and ‘alternative’ medicines.

4.     TGA updates recall protocols

On 20 December 2024, the TGA announced it is updating the procedure for product recalls, alerts and product corrections (PRAC).

Sponsors will continue to use the Uniform Recall Procedure for Therapeutic Goods (URPTG) until the new procedure comes into effect. The PRAC is aimed at addressing feedback from a 2023 consultation paper, and aims to enhance transparency and communication, introduce new market action terminology, and reduce the number of steps.

The TGA expects the new PRAC to take effect in March 2025. This will have wide implications for many companies, and FoodLegal can assist companies revising their product recall processes.

5.     Federal Court of Australia decides Aldi infringed a particular product labelling copyright

On 19 December 2024, Hampden Holdings I.P Ltd and Lacorium Health Australia Pty Ltd were successful in proceedings against Aldi Foods in the Federal Court. The action was for breach of copyright in artistic works used for various products such as rice cakes, baby ‘puffs’ and cereal bars.

The Court found copyright subsisted in the packaging of those products and Aldi had infringed the copyright in some but not all the products. The ‘puff’ products were found to be in breach, where the Court found that Aldi had reproduced a range of elements in the packaging design, including the general pictorial elements and the arrangement, position and font of characters.

Previous cases of alleged copyright infringement or ‘passing off’ against retailers or product suppliers for private label products have generally failed. However, this case demonstrates that replicating competitor branding too closely in the product label get-up can result in copyright breaches. 

6.     Australia signs free trade agreement with United Arab Emirates

On 16 December 2024, the Australian Department of Agriculture, Fisheries and Forestry (DAFF) announced that Australia had signed a free trade agreement with the United Arab Emirates.

The agreement will eliminate 99% of tariffs between the two countries, allowing Australian farmers and producers to save an estimated $50 million per year on exports. The agreement will apply to food and agriculture exports (e.g. frozen beef and sheep meat, dairy products and canola seeds). Reduced tariffs will also apply to Australian wine.

7.     ABAC publishes guidelines on alcohol sponsorships and related marketing content

In January 2025 the Alcohol Beverages Advertising Code Scheme (ABAC) published new guidance material on best practice for alcohol sponsorship. The guidance details how the ABAC Responsible Alcohol Marketing Code applies to marketing communications such as sponsored content.

The ABAC scheme is an industry scheme that applies to the advertisement of alcoholic products. Although the scheme is not mandatory, breach can result in negative media publicity and potential complaint to regulatory authorities.

8.     South Australia to ban junk food advertising on public transport

The South Australian government has announced that from 1 July 2025, it will ban the advertisement of ‘junk food’ on buses, trains and trams in metro Adelaide.

In this February 2025 edition of FoodLegal Bulletin, an article discusses this ban and its broader implications.

Australian Competition and Consumer Commission (ACCC) News 

9.     ACCC proposes to authorise supermarket cooperation on soft plastic recycling

On 19 December 2024, the ACCC proposed granting authorisation for Coles, Woolworths and Aldi to continue their collaboration on recycling stockpiled soft plastics until July 2026. ACCC authorisation provides general protection against any competition concerns that may arise under the Competition and Consumer Act 2010 (Cth).

The authorisation also allows for continuation of in-store pilot collection programs, which are currently operating in Victoria and New South Wales but may expand to other states.

The ACCC sought feedback on this proposed authorisation, and submissions closed on 24 January 2025.

The new soft plastics scheme will replace the previous REDCycle scheme - refer to Item 2 above.

Food Standards Australia New Zealand (FSANZ) News

10.  FSANZ commences assessment of Application A1322 - Extension of use of polyglycerol esters of interesterified ricinoleic acid in sauces and toppings

On 30 January 2025 FSANZ announced it had commenced its assessment of Application A1322 by Unilever Australia Limited to extend the use of the food additive emulsifier polyglycerol esters of interesterified ricinoleic acid to sauces and toppings.

FSANZ will announce an opportunity to comment at a later date.

11.  FSANZ prepares Proposal P1064 – Australian only Infant Formula Product Standard

On  30 January 2025 FSANZ announced Proposal P1064, which makes minor variations to Standard 2.9.1 of the Australia New Zealand Food Standards Code (Food Standards Code) to reflect the fact that New Zealand decided to opt out of revisions made to Standard 2.9.1 in 2024.

In this February 2025 edition of FoodLegal Bulletin, an article discusses the regulation of claims on infant formula and toddler formula products.

12.  FSANZ publishes amendment to Food Standards Code

On 13 January 2025 FSANZ published Amendment No. 234 to the Food Standards Code, as a result of the following applications:

·        A1260 - 2-methyloxolane as a processing aid;

·        A1289 - Food derived from disease-resistant, low-reducing sugars and reduced browning potato line BG25; and

·        A1291 - Glucoamylase from GM Aspergillus niger (gene donor: Gloeophyllum sepiarium) as a processing aid.

13.  Application to introduce new processing aid for infant formula withdrawn

On 13 January 2025 FSANZ announced that Application A1312 had been withdrawn by the applicant, Synaura Biotechnology (Shanghai) Co., Ltd..

The Application had sought to permit a new genetically modified source of Escherichia coli BL21 for the production of 2′-Fucosyllactose (2′-FL) for use as a nutritive substance in infant formula products. 

14.  FSANZ calls for submissions on Application A1310 - Food derived from insect-protected soybean line MON94637

On 7 January 2025 FSANZ called for submissions from industry with respect to Application A1310 by Bayer CropScience Pty Ltd  to permit the sale and use of food derived from soybean line MON94637, genetically modified for protection from lepidopteran insect pests.

Submissions are due by 18 February 2025.

15.  FSANZ commences assessment of Application A1321 - Acetolactate decarboxylase from GM Bacillus licheniformis as a processing aid

On 3 January 2025 FSANZ announced it had commenced its assessment of Application A1321 by Novozymes Australia Pty Ltd to permit acetolactate decarboxylase derived from a genetically modified strain of Bacillus licheniformis to be used as a processing aid in brewing processes and other cereal based beverage and beverage alcohol (distilling) processes.

FSANZ will announce an opportunity to comment at a later date.

16.  FSANZ updates work plan

On 21 January 2025 FSANZ updated its work plan, which provides information regarding progress on applications and proposals to amend the Australia New Zealand Food Standards Code (Food Standards Code). The work plan includes estimated and current timelines for consultation.

17.  FSANZ commences assessment of Application A1323 - Food derived from insect-protected soybean line COR23134

On 12 December 2024 FSANZ commenced its assessment of Application A1323 by Corteva Agriscience Australia Pty Ltd to permit food derived from soybean line COR23134, genetically modified for protection from lepidopteran insect pests.

FSANZ will announce an opportunity to comment at a later date.

18.  FSANZ approves new form of Vitamin K in foods for special medical purposes

On 19 December 2025 FSANZ approved Application A1300 to permit a new form of Vitamin K2 (as menaquinone-7) for use in food for special medical purposes.

FSANZ has notified the Food Ministers’ Meeting of its approval. The Food Ministers’ Meeting has 60 days to either request FSANZ to review its decision or inform FSANZ that it does not intend to request a review.

19.  FSANZ calls for submissions on Applications

On 12 December 2024 FSANZ called for submissions from industry with respect to the following Applications:

·        Application A1307 to permit the use of milk fat globule membrane enriched whey protein concentrate as a nutritive substance in infant formula products. Submissions are due by 6 February 2025.

·        Application A1311 to permit prolyl oligopeptidase from GM Trichoderma reesei for use as a processing aid in the production of brewed beverages. Submissions were due by 24 January 2025.

New Zealand

20.  Food business and manager fined for food safety failures

An Auckland food producer and manager have been fined a total of NZ$16,500 for failing to keep food production records. Soma & Sons Limited (trading as ‘Tasty Foods’) and an individual manager were sentenced on 2 charges in the Auckland District Court for breaching the New Zealand Food Act.

The company was fined NZ$13,500 for failing to comply with their food control plan, and the individual was fined NZ$3,000 for providing false information to a food safety officer.

21.  NZ MPI seeks feedback on fishery sustainability measures

On 13 December 2024, the New Zealand Ministry for Primary Industries (MPI) opened consultations on proposed changes for sustainability measures for rock lobsters and Pacific tuna.

The proposed changes relate to catch limits, which currently apply to selected stocks twice per year. Submissions are due by 29 January 2025.

22.  NZ MPI seeks feedback on proposed changes to Stored Plant Products for Human Consumption import health standard

On 10 December 2024, the NZ MPI opened consultations on proposed changes to the Import Health Standard (IHS) for Stored Plant Products for Human Consumption. The proposed amendments seek to:

-        Update requirements for importing legumes in soup mix of retail packets up to 1 kg; and

-        Add South Korea to the list of countries that have no requirements for packaged rice (up to 25 kg).

Submissions are due by 20 February 2025.

United Kingdom

23.  UK FSA consultation on market authorisation of regulated food and feed products

In December 2024, the UK Food Safety Authority (FSA) called for submissions in relation to authorising the following human food and animal feed applications:

·        A new specification (E 960b) of a permitted Steviol glycosides food additive in food;

·        A new use of feed additive Saccharomyces cerevisiae CNCM I-1079;

·        A new authorisation of RP1466 - 2-Hydroxy-4-methoxybenzaldehyde;

·        Removing 8 permitted food flavouring substances;

·        A new authorisation of a food contact material: Phosphoric acid, mixed esters with 2-hydroxyethyl methacrylate (HEMAP);

·        A new authorisation for GMO RP1123 - GMB151;

·        A new authorisation for GHB811 Cotton; and

·        Other authorisations.

Submissions close on 19 February 2025.

24.  UK Government to introduce container deposit scheme

On 27 January 2025, the UK government announced plans to launch a deposit return scheme for drinks containers.

The framework for the scheme is contained in the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2024, and it is intended that the scheme will come into force in in October 2027.

United States

25.  FDA updates requirements for ‘healthy’ nutrient content claim

On 19 December 2024, the United States Food and Drug Administration (FDA) updated the requirements for a ‘healthy’ nutrient content claim. This is a voluntary claim that can be made if the criteria are met. Products must:

·        Contain a certain amount of food from at least one of the food groups (such as fruits, vegetables and low-fat dairy etc.) per the Dietary Guidelines; and

·        Meet specified limits for saturated fat, added sugars and sodium.

26.  FDA revokes authorisation for the use of a particular red food colouring

On 15 January 2025, the US FDA issued an order to revoke the authorization of FD&C Red No.3 in food and ingested drugs. The revocation is based on the Delaney Clause of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

The Delaney Clause prohibits FDA authorisation of a food additive or colour additive if it is found to induce cancer in humans or animals. In 2022, a colour additive petition presented data that the colour additive caused cancer in male laboratory rats exposed to high levels of this food dye.

Food manufacturers that use FD&C Red No.3 have until 15 January 2027 to reformulate their products.

27.  FDA releases industry guidance on food allergen labelling

On 6 January 2025, the US FDA released a final guidance for industry on Food Allergen Labelling Requirements.

The guidance replaces the draft and final guidance documents issued in November 2022. The new guidance contains updated information on the labelling of tree nuts, milk, eggs, sesame, highly refined oils and dietary supplements.

28.  FDA determines authorisation for 35 Food Contact notifications are no longer effective

On 3 January 2025, the US FDA issued a notice announcing that 35 Food Contact Notifications (FCNs) in relation to per- and polyfluoroalkyl substances (PFAS) are no longer effective. The FCNs are no longer in use because the manufacturers have ceased production, supply or use of those food contact substances that relate to PFAS.

The FCNs which are longer in effect previously authorised grease-proof coatings in paper and paperboard packaging to prevent oil and water leakage. In February 2024, the FDA announced that grease-coatings containing PFAS are no longer being sold.

The FDA has implemented a compliance date of 30 June 2025 to give suppliers of food contact materials time to exhaust existing stocks manufactured before 6 January 2025.

Food packaging companies need to review the composition of their particular packaging formulations following the latest FDA announcement. FoodLegal can assist. FoodLegal has experienced multiple cases where non-compliant food contact materials have been used inadvertently, but ignorance does not provide a legal defence if packaging formulation requirements have changed and not been acted upon by any packager.

29.  FDA extends period of comment on export lists for human food

On 23 December 2024, the US FDA extended the comment period for its request for information on export lists for human food until 21 February 2025.

The FDA is seeking input on the listing requirements of other countries and the FDA’s approach of using export certification to meet those requirements.

30.  FDA releases draft guidance for industry on Low-Moisture Ready-to-Eat Human Foods

On 6 January 2025, the US FDA released a draft guidance for manufacturers and processors of Low Moisture Ready-to-Eat (LMRTE) Human Foods and Taking Corrective Actions Following a Pathogen Contamination Event. LMRTE foods include powdered infant formula products. The guidance instructs industry on complying with requirements for good manufacturing practices, risk-based preventative controls and hazard analysis.

The draft guidance is open to comments and written submissions until 7 May 2025.

31.   FDA releases draft industry guidance on labelling plant-based alternatives

On 6 January 2025, the US FDA released a draft guidance on labelling plant-based alternatives to animal foods. The guidance instructs industry on foods such as plant-based alternatives to eggs, seafood, meat, poultry and dairy products. However, it excludes plant-based milk.

Several US States have introduced legislation seeking to limit or prohibit the use or certain animal descriptors for plant-based products. This legislation has faced legal challenges on constitutional grounds.

The draft guidance is open to comments and written submissions until 7 May 2025.

32.  FDA releases final industry guidance on action levels for lead content in processed food intended for babies

On 6 January 2025, the US FDA released a guidance on lead action levels for processed foods for babies and young children. The action levels for processed foods are as follows:

·        10 parts per billion (ppb) for fruits, vegetables (excluding single-ingredient root vegetables), mixtures (including grain- and meat-based mixtures), yogurts, custards/puddings, and single-ingredient meats

·        20 ppb for single-ingredient root vegetables

·        20 ppb for dry infant cereals.

We discuss lead limits in human foods in our December 2024 edition of FoodLegal Bulletin: ‘Lead limits in chocolate and other food products’.

33.  FDA proposes front-of-package nutrition information labelling

On 14 January 2025, the US FDA proposes a front-of-package nutrition label that would apply to most packaged foods. The proposed label is referred to as the ‘Nutrition info box’. It provides information on sodium, saturated fat and added sugars by categorising those nutrients as ‘Low’, ‘Med’ or ‘High’ levels of those nutrients.

The proposed rule is open for comment until 16 May 2025.

34.  FDA issues request for information on High-Protein yoghurt

On 14 January 2025, the US FDA issued a request for information on manufacturing processes and ingredients used to make certain dairy products. The relevant dairy products are high protein yoghurts, Greek yoghurts or Greek-style yoghurt.

The dairy products are cultured by a range of bacterium which necessarily include Lactobacillus delbrueckii, subspecies bulgaricus, and Streptococcus thermophilus. The FDA is taking this action to align its standard of identity for yoghurt with current manufacturing processes and ingredients in high protein yoghurt.

The request is open for comments until 15 April 2025.

European Union

35.  EFSA seeks comments on draft opinion on perchlorate in food

On 17 December 2024 the European Food Safety Authority (EFSA) opened consultation on its draft scientific opinion concerning the public health risks associated with perchlorate in food.

Perchlorate is commonly found in agricultural products such as fertilisers. Following its most recent review, EFSA proposes to increase the tolerable daily intake for perchlorate from 0.3 to 1.4 micrograms per kilogram of bodyweight per day.

Submissions are due by 11 February 2025.

Argentina

36.  Argentina to simplify and de-regulate import and export procedures

 On 17 January 2025, Argentina issued a new regulation to de-regulate, simplify and expedite the import and export procedures for food products. The regulation specifies that products exported from countries with a high degree of sanitary vigilance (e.g. Australia, New Zealand, Canada and the United States) will be deemed to have met the Argentine Food Code (AFC) requirements if they have certifications issued by the country of export.

The CAA requirements will also be deemed to have been met if the export country adopts standards from the Codex Alimentarius. The Argentinian position is different from that in Australia, which still requires all imported products to comply with the Food Standards Code irrespective of the country of origin.

This is general information rather than legal advice and is current as of 4 Feb 2025. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.