FoodLegal

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

© Lawmedia Pty Ltd, May 2025 

Food Standards Australia New Zealand (FSANZ) News

1.     Amendment no. 236 to the Food Standards Code takes effect

On 29 April 2025 Amendment no. 236 to the Australia New Zealand Food Standards Code (Food Standards Code) was gazetted.

The amendment incorporates changes from the following applications:

·        Application A1299 – Fructosyltransferase from Aspergillus oryzae as a processing aid

·        Application A1301 – Triacylglycerol lipase from GM Komagataella phaffii as a processing aid

·        Application A1303 – Food derived from herbicide-tolerant sugar beet line KWS20-1

2.     FSANZ calls for submissions on Application A1318 – Steviol glycosides produced by enzymatic conversion

On 8 April 2025 FSANZ called for submissions from industry with respect to Application A1318 by Sichuan Ingia Biosynthetic Co., Ltd to permit new enzyme processing aids derived from genetically modified E. coli BL21, to produce the steviol glycoside rebaudioside M.

Submissions are due by 20 May 2025.

3.     FSANZ approves amendments to Food Standards Code

On 7 April 2025 FSANZ approved variations to the Food Standards Code arising from the following Application and Proposals:

·        Application A1269 - Cultured Quail as a Novel Food (quail meat grown from cell culture)

·        Proposal P1049 - Carbohydrate and sugar claims on alcoholic beverages

·        Proposal P1059 - Energy labelling on alcoholic beverages

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 it does not intend to request a review.

FSANZ also published an amendment to the Food Standards Code on 1 May 2025, arising from M1022 2023 MRL Harmonisation Proposal.

4.     Food Ministers progressing work

Australian Food Ministers are currently progressing with the following sets of work:

-        Improving commercial infant and toddler foods (to reduce chronic disease related to obesity);

-        Review of the Food Standards Australia New Zealand Act 1991 (Cth). The review is intended to strengthen the objectives of FSANZ, update the standard-setting process and improve the efficiency and effectiveness of FSANZ.

-        Proposal to make the Health Star Rating (HSR) system mandatory.

Australian Competition and Consumer Commission (ACCC) News

5.     Australian Federal Court fines Clorox AUD$8.25m for misleading ‘ocean plastic’ claims

On 14 April 2025 the Australian Federal Court fined Clorox Australia Pty Ltd (Clorox) AUD$8.25m for making false or misleading representations that its products had been manufactured using ocean plastic, in breach of the Australian Consumer Law.

The ACCC brought proceedings against Clorox in April 2024. As part of the proceedings, Clorox admitted that it misled consumers by claiming that its rubbish bags were “50% Ocean Plastic Recycled”, when in fact the products had been made using plastic waste that had not been collected from the ocean.

6.     ACCC reminds businesses to review their credit card surcharges and pricing information

On 28 April 2025, the ACCC issued a general notice to businesses to review their card payment surcharges. This notice applies to any business that accepts card payments, including hospitality, online and other food businesses.

The ACCC encourages businesses to disclose any card payment surcharges that will apply to a transaction so that customers are able to make informed decisions. The Competition and Consumer Act prohibits businesses from misleading people about the prices they charge and also prohibits excessive surcharging (which will arise where the surcharge exceeds the businesses’ cost of accepting the payment).

Non-compliant payment surcharges is an ACCC compliance and enforcement priority for 2025-2026.

7.     ACCC does not oppose acquisition of ready meal manufacturer by Woolworths

On 9 April 2025 the ACCC announced that it would not oppose the acquisition of Beak & Johnston Holdings Pty Ltd by Woolworths Group Limited.

Woolworths is a major Australian retailer, and Beak & Johnston is a manufacturer of ready meals and pastries. Woolworths already has a 23 percent interest in Beak & Johnston. The ACCC found that the proposed acquisition would not have a substantial anti-competitive effect as rival ready meal suppliers would continue to have access to other supermarkets and distribution channels. The ACCC also found that rival supermarkets would continue to have access to numerous ready meal products.

The New Zealand Commerce Commission is separately assessing the proposed acquisition of Beak & Johnston by Woolworths in New Zealand.

Australian food regulatory news 

8.     TGA undertaking compliance review of listed medicines requiring warning statement

On 9 April 2025, the Australian Therapeutic Goods Administration (TGA) announced they will be undertaking specific compliance reviews of selected listed medicines required to display the following warning statement:

'Seek medical advice if diarrhoea persists for more than: 6 hours in infants under 6 months, 12 hours in children under 3 years, 24 hours in children aged 3 to 6 years or 48 hours in adults and children over 6 years (or words to that effect).’

The Therapeutic Goods (Permissible Indications) Determination prescribes indications and warning statements on listed medicines.

9.     TGA opens for consultation on proposed amendments to Poisons Standard

On 17 April 2025, the TGA opened for consultation on proposed amendments to the Poisons Standard in relation to the following substances:

-        Adrenaline;

-        Psilocybine;

-        6-Methylnicotine;

-        Azelaic acid; and

-        Extracts and essential oils primarily composed of methyl salicylate

Submissions close 21 May 2025. Submissions and the proposed amendments will be considered at the June 2025 meeting of the Advisory Committee on Medicines Scheduling (ACMS) and the Joint Meeting of ACMS and the Advisory Committee on Chemicals Scheduling (ACCS).

10.  TGA issues infringement notices for unlawful manufacturing of medicinal cannabis

On 14 April 2025, the TGA announced they had issued 4 infringement notices totalling $75,120 to a Queensland pharmacy for unlawful manufacturing of medicinal cannabis. The Therapeutic Goods Act 1989 (Cth) prohibits manufacturing therapeutic goods unless the goods are entered in the Australian Register of Therapeutic Goods (ARTG) or are subject to an exemption, approval or authority.

An inspection by Queensland Health and the TGA in August 2024 revealed the pharmacy was manufacturing cannabis oils in bulk amounts.

11.  Office of Gene Technology Regulator opens consultations on canola

On 3 April 2025 the Australian Office of Gene Technology opened consultations on an application from Miruku Australia Pty Ltd to conduct a field trial of canola which has been genetically modified for dairy protein production.

A Risk Assessment and Risk Management Plan is available. Submissions are open until 13 May 2025.

Any use of genetically modified ingredients in food must undergo a separate pre-market assessment under Standard 1.5.2 of the Australia New Zealand Food Standards Code.

12.  DAFF market advice that Egypt excludes milk and milk products from halal certification requirements

On 15 April 2025, the Australian Department of Agriculture, Fisheries and Forestry (DAFF) announced that the Egyptian Government has decide to exclude imported milk and milk products from the requirement to have halal certification.

The Egyptian government had notified its trading partners of this intention on 12 March 2025. Consequently, Australian exporters will not need to obtain halal certification for exports of milk and milk product exports to Egypt.

13.  DAFF releases report on import of fresh pomelo from Vietnam

On 29 April 2025, DAFF released a final report into the biosecurity import requirements of fresh pomelo from Vietnam. This follows a draft report released on 30 April 2024. The report identifies 19 pests associated with pomelo from Vietnam that require risk management measures to reduce the biosecurity risk to an acceptable level.

The review was triggered by a formal market access request for pomelo from Vietnam.

14.  ABAC panel decision on ‘Healthy Cocktails’

On 12 March 2025, the Alcohol Beverages Advertising Code (ABAC) panel decided that two social media posts made by Vodka Pro Pty Ltd were in breach of the ABAC Code.

A complaint was made that social media posts promoting VodkaPRO had suggested the product offered health benefits in breach of part 3(c)(iv) of the ABAC Code. The first social media post involved the use of hashtags such as #HealthCocktails and #Wellness Beverage. The ABAC Panel found the use of these hashtags to be a breach of the ABAC Code as it would convey to consumers that using the product is healthy and improves wellbeing.

The second social media post communicated that a ‘protein-infused’ vodka would promote a ‘balance’ between ‘fitness’ and ‘having some fun’. The ABAC panel also found this to be a breach of the ABAC Code as it suggested that health gains can be obtained from using the product.

The company has agreed to modify or remove the social media posts.

15.  ABAC panel decision on ‘happy’ and ‘delighted’ wine

On 14 March 2025, an ABAC panel made a determination on website and podcast advertising by Drop of Sunshine Wines/Treasury Wine Estates. A complaint was made about the website and podcast advertising.

Global food regulatory news

New Zealand:

16.  New Zealand evaluating supermarket reform

On 30 March 2025 the New Zealand government announced that it is assessing the ‘ideal market structure’ in the grocery sector. The Government has sent information requests to stakeholders in this sector both inside and outside New Zealand.

The announcement follows a September 2024 report by the New Zealand Commerce Commission outlining competition issues in the New Zealand supermarket sector. The government has identified possible reforms to the market structure in the sector, depending on the outcome of its consultations and further reports by the Commerce Commission.

17.  Look Sharp fined in Auckland District Court for making misleading statements

On 19 February 2025, Walon Ltd (trading as Look Sharp) has been fined after pleading guilty to making misleading representations in the Auckland District Court. This followed an investigation by NZ Commerce Commission.

Look Sharp made a number of representations between January 2021 and August 2023 about customers’ right to refunds and exchanges which contradicted their rights under the Consumer Guarantees Act. Such representations include false representing that returns for faulty products were restricted to 7 days. Look Sharp has been fined a total of $292,500 NZD.

18.  Meat processing group fined NZ $1.6 million for illegally altering exported tallow

On 2 May 2025, the Manukau District Court sentenced a group of eleven (11) persons and organisations on various charges under the NZ Animal Products Act. The group of companies, directors and managers were sentenced for deliberately and illegally altering exported tallow for profit.

In this case, tallow (of which production is regulated under the Animal Products Act) was exported for use in biofuels. New Zealand Food Safety deputy director Vincent Arbuckle commented that the defendants worked together to mix tallow with adulterants, including out of specification products containing unknown quantities of unknown various fats and oils. By illegally adding other oils, they were able to command a higher price for their goods.

The group was fined NZ $1,629,500.

19.  NZ GHS transition period ends

On 30 April 2025, the four year transition period for complying with New Zealand’s updated hazardous substances and new organisms (HSNO) classification system was concluded. All safety data sheets, product labelling and packaging must comply with the new requirements.

Most of the changes align the NZ framework with that of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS), revision 7.

However, there are a few New Zealand-specific requirements; such as the product label must include a labelling notice requiring a 24-hour emergency contact phone number from which information about the substance can be obtained.

20.  NZ updates consolidated list of tests for animal products

On 10 April 2025, the NZ Ministry for Primary Industries (MPI) updated its consolidated list of tests (CLT) for animal products.

The CLT identifies the various laboratory tests that are authorised for laboratories recognised under the Animal Products Act 1999. ‘Animal products’ include meat, poultry, honey, fish, dairy, live animals and germplasm.

The CLT has been updated to include one new test: Bismuth testing for raw milk (from the latest update to the APN: Production, Supply and Processing).

21.  Restauranteur placed on home detention and fined $15,000 in New Zealand Court

On 8 April 2024, Xinchen Liu was sentenced to 6 months home detention and fined $20,000 for selling recalled food. On November 2024, Liu plead guilty to one charge of trading in food subject to a recall which is prohibited under the NZ Food Act. The food was subject to a recall because of unsafe levels of Staphylococcus aureus (S. aureus) bacteria.

On 16 April 2025, Liu was resentenced due to an incorrect summary of facts filed before the sentencing judge. The sentence was reduced by 2 weeks and the fine was reduced to $15,000.

22.  NZ MPI opens consultation on carbon tables for exotic forests in trading scheme

On 16 April 2025, the NZ Ministry for Primary Industries (MPI) opened consultation for proposed changes to improve default carbon tables for exotic forests in the New Zealand Emissions Trading Scheme.

Consultation closes 16 May 2025.

United Kingdom:

23.  Update to guidance on exporting pet food and animal feed to UK

On 7 April 2025, the UK Government released updated statutory guidance that UK importers and authorities should follow when importing pet food as well as feed for other animals. The updated guidance documents include:

·        Canned pet food - Import Information Note ABP/3A

·        Processed pet food other than canned pet food - Import Information Note ABP/3B

·        Dog chews - Import Information Note ABP/3C

·        Raw petfood for direct sale - Import Information Note ABP/3D

·        Flavouring innards for the manufacture of pet food - Import Information Note ABP/3E

·        Animal by-products for the manufacture of pet food - Import Information Note ABP/3F

·        Animal by-products to be fed to fur animals - Import Information Note ABP/24

·        Certain animal by-products for feeding to wild birds, wild animals or pet fish, or for manufacture of feed supplements - Import Information Note ABP/26

·        Import of fishing bait for commercial and recreational fishing purposes - Import Information Note (IIN) ABP/28

·        Processed finished feed for pet ornamental aquatic vertebrates and invertebrates reptiles and amphibians - Import Information Note ABP/43

24.  UK Government extends bans on personal meat imports over concerns regarding foot and mouth disease

On 11 April 2025, the UK Government implemented measures aimed to prevent the spread of food and mouth disease (FMD) follow rising cases across Europe.

FMD is a highly contagious disease that threatens livestock and significantly risks the livestock industry. From 12 April 2025, persons can no longer bring sheep, cattle, goat and pig meat and dairy products for personal use from EU countries into the UK.

European Union:

25.  EU Commission passes implementation regulation to mandate WGS testing for foodborne illness outbreaks

On 3 February 2025, the EU Commission passed Implementing Regulation (EU) 2025/179, which provides guidelines for facilitating illness outbreak investigations. It specifically refers to identifying the causes of outbreaks or consignments of unsafe food by requiring Whole Genome Sequencing (WGS). The guidelines also mandate data reporting that is related to WGS.

WGS involves sequencing the entire genome or collection of DNA within an organism and is generally recommended in Australia in foodborne illness testing, such as by the Queensland Health Guideline for the investigation and management of suspected foodborne illness outbreaks. Our November 2024 edition of FoodLegal Bulletin ‘Comparison of new genetic techniques and their usages to investigate foodborne illness outbreaks’ covers WGS in more detail.

The new EU regulation will apply on 23 August 2026.

26.  European Council accepts proposal on unfair trading practices

On 7 April 2024, the European Council approved a negotiating mandate on a regulation concerning restrictions on unfair trading practices in the agricultural and food supply chain.

In this context, a negotiating mandate authorises the President of the European Parliament to negotiate with the European Parliament on the proposed laws.

The regulation was proposed by the European Council on 10 December 2024 and would include a mutual assistance mechanism, which enables enforcement authorities of various European countries to exchange information and to empower another enforcement authority to operate on their behalf. A coordinated action mechanism was also proposed which would enable a designated coordinator to coordinate a response to large-scale cross-border unfair trading practices. The Commission broadly supported the proposal but suggested changes such as rules for covering costs incurred where mutual assistance is engaged.

United States:

27.  FDA extends request for information on poppy seeds

On 8 April 2025, the US Food and Drug Administration (FDA) extended its request for information on industry practices related to poppy seeds.

This request for information involves the agricultural, industry, manufacturing and other supply chain practices that are in use by industry. The FDA is interested in whether certain practices increase or decrease the presence of opiate alkaloids on the seeds.

The comment period has now been extended by 60 days. Submissions close on 16 June 2025.

28.  US government agencies to phase out petroleum based synthetic food dyes

On 23 April 2025, the US Department of Health and Human Services (HHS) and FDA initiated measures to phase out all petroleum based synthetic food dyes.

The FDA has stated the following significant objectives and intended actions:

1)     Establishing a national standard and timeline for the US food industry to transition from petroleum based to natural alternatives

2)     Revoking authorisation for two synthetic dyes within the next months- Citrus Red No.2 and Orange B

3)     Eliminating six remaining synthetic dyes- FD&C Green No.3, FD&C Red No.40, FD&C Yellow No.5, FD&C Yellow No.6, FD&C Blue No. 1 and FD&C Blue No.2- from the food supply by the end of the next year.

4)     Authorising four new natural colour additives

5)     Restricting the timeline given for food companies to remove FD&C Red No.3

This is general information rather than legal advice and is current as of 5 May 2025. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.