Current developments in food law and policy in Australia and internationally (September 2025)

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

1. NSW introduces new rules for food safety, licensing and sampling, training and penalties

On 1 September 2025, the updated NSW Food Regulation 2025 came into effect, replacing the previous 2015 version of this instrument. Key changes include:

· Sampling mandatory reporting: Mandatory reporting of sampling results of microbiological specimen that fail standards;

· New licences required: Establishing a licensing scheme for producers of leafy vegetables, berries and melons;

· New egg requirements: Introducing permanent requirements for egg producers to manage salmonella food safety risks;

· Training: Updated training requirements for Food Safety Supervisors; and

· Fees: Increased fees and penalty notices.

Contact FoodLegal for more information.

2. Berry production to be affected by proposed APVMA decision

On 5 August 2025, the Australian Pesticides and Veterinary Medicines Authority (APVMA) opened consultation on a proposed decision to suspend the product registration and approval of chemical products containing dimethoate (insecticides) for use on blueberries, blackberries and raspberries.

The APVMA has based this decision on an increased consumption of blueberries, blackberries and raspberries since the last assessment of dimethoate completed in 2017. Therefore, without reassessment, the safety margin between the maximum acceptable level of exposure and possible level of dimethoate residues narrows.

Submissions close on 2 September 2025.

3. Kmart facing legal proceedings in Australia over ethical sourcing claims

On 4 August 2025, the Australian Uyghur Tangritagh Women’s Association (AUTWA) commenced proceedings in the Australian Federal Court against KMART Australia Ltd.

AUTWA is seeking preliminary discovery to obtain documents to determine whether to launch a claim against Kmart for allegedly engaging in misleading or deceptive conduct, in contravention of section 18 of the Australian Consumer Law. The Uyghur are a persecuted ethical group in China.

AUTWA believes that Kmart breached section 18 with respect to claims about ethical sourcing of its products, as two of Kmart’s Chinese clothing suppliers may have used forced labour.

Food Standards Australia New Zealand (FSANZ) News

4. Food Ministers endorse strategic plan

Australian Food Ministers have published their 2025-2028 Strategic Plan, which outlines key focus areas and activities for Australia’s food regulation system. The plan focuses on:

· Ensuring safe and suitable food;

· Cultivating a healthy food supply;

· Informing and empowering consumers; and

· Creating a thriving food economy.

Key actions under the strategy will include:

· Exploring whether process improvements are required in allergen management;

· Improving front-of-pack and back-of-pack labelling (including on foods for infants and young children)

· Improving composition and nutritional quality of commercial foods for infants and young children;

5. FRSC releases policy paper for online sales

On 15 August 2025, the Food Regulation Standing Committee (FRSC) released a policy paper regarding online sales of food, which is intended to provide advice to the Food Ministers Meeting.

The paper recommended that work for food sold online be progressed through the Food Regulation Policy Framework, based on findings that consumers do not have the same information available compared to in-store sales.

6. FSANZ commences assessment of the following applications

FSANZ has commenced an assessment of the following applications, following its completion of an earlier administrative assessment:

· Application A1304 – Endo-1,4-beta-xylanase from GM Bacillus licheniformis (gene donor: Chryseobacterium cucumeris) as a processing aid. The application was to permit the derived endo-1,4-beta-xylanase to be used as a processing aid in the production of distilled alcohol and starch and gluten fractions.

· Application A1305 – Alpha-amylase (protein engineered) from GM Bacillus licheniformis as a processing aid. The application was to permit the protein engineered alpha amylase to be used as a processing aid in carbohydrate processing to produce glucose syrups and other starch hydrolysates in alcohol production.

· Application A1332 – To permit molecularly-imprinted polymers or MIPs (a type of cross-linked polyester resin) as an adsorbent agent processing aid in wine.

· Application A1336 – To permit a new genetically modified source of Escherichia coli BL21 (DE3) for the production of 2′-fucosyllactose (2′-FL) for use as a nutritive substance in infant formula products.

7. FSANZ approves Application A1318

On 14 August 2025, FSANZ approved Application A1318 to permit the use of use of 3 new enzymes sourced from a GM strain of Escherichia coli as processing aids to convert steviol glycoside rebaudioside A to rebaudioside M.

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

8. FSANZ gazettes Food Standards Code amendments

On 13 August 2025, FSANZ gazetted the following amendments to the Food Standards Code arising from the following Applications and Proposal:

- Application A1314: Permitting small dogs and cats in aircraft cabins (to permit the sale of food in proximity to pets);

- Proposal P1049: Carbohydrate and sugar claims on alcoholic beverages (to permit sugar claims to be made, subject to conditions); and

- Proposal P1059: Energy labelling on alcoholic beverages.

On 21 August 2025, FSANZ gazetted amendments arising from Application A1323 - Food derived from insect-protected soybean line COR23134.

On 2 September 2025, FSANZ gazetted amendments arising from Proposal P1055 - Definitions for gene technology and new breeding techniques.

You can read more on P1049, P1059 and P1055 in the August 2025 edition of FoodLegal Bulletin.

9. FSANZ calls for submissions on Application A1293

On 2 September 2025, FSANZ issued a call for submissions from industry in relation to Application A1293 made by Novozymes Australia Pty Ltd to permit the use of the enzyme Phosphoinositide Phospholipase C as a processing aid in degumming vegetable fats and oils.

Submissions are due by 30 September 2025.

Australian Competition and Consumer Commission (ACCC) News

10. ACCC commences proceedings against Google for anticompetitive conduct

On 18 August 2025, the ACCC commenced proceedings against Google Asia Pacific in the Australian Federal Court alleging anticompetitive conduct in violation of the Competition and Consumer Act 2010 (Cth).

The specific anticompetitive conduct that was alleged was an ‘understanding’ between Google, Telstra and Optus over preinstalling Google search on Android mobile phones, instead of other search engines. This was considered anticompetitive as it reduced choice for consumers to browse other search engines and use other tools such as AI-based search tools.

Google has admitted liability and agreed to jointly submit with the ACCC to the Federal Court that it has agreed to pay a penalty of $55 million. The offending conduct occurred between December 2019 and March 2021. Google has also undertaken to the ACCC to remove certain pre-installation and default search engine settings and restrictions in the wording of its contracts.

11. ACCC action against Fresh food suppliers for alleged price fixing

On 1 September 2025, the ACCC commenced civil proceedings in the Australian Federal Court alleging cartel conduct and price fixing against four suppliers: Perfection Fresh Australia, Hydro Produce (Aust), Veli Velisha Fresh Produce, Velisha National Farms and M. Fragapane & Sons. The ACCC also alleged price fixing and cartel conduct against three senior executives across Veli Velisha Fresh Produce and Velisha National Farms and M. Fragapane & Sons.

The ACCC alleges that, between 2018 and 2024, there was cartel conduct involving price fixing in the supply of fresh produce such as broccoli, cauliflower iceberg lettuce, cucumber and brussels sprouts to Aldi stores in Victoria, NSW and Queensland. The ACCC alleges that on 28 occasions, two or more suppliers attempted to make an arrangement or understanding that had the purpose, effect or likely effect of fixing, controlling or maintaining the price of the fresh produce.

News developments from DAFF (Australian Department of Agriculture, Fisheries and Forestry):

12. Australia regains status as free from high pathogenicity Avian influenza

On 22 August 2025, DAFF announced that Australia has self-declared as being free from high pathogenicity avian influenza, as of 13 June 2025. DAFF’s Manual of Importing Country Requirements (MICOR) is being updated to reflect this development.

The Australian Government is working with other governments internationally to facilitate access for Australian exporters to their markets for egg and egg products.

13. DAFF consultation on proposed amendment to Export Control Rules

On 4 August 2025, DAFF proposed amendments which affect the following export quotas for tariff purposes:

· Export Control (Tariff Rate Quotas – General) Rules 2021;

· Export Control (Tariff Rate Quotas – Feed Grain Export to Indonesia) Rules 2021; and

· Export Control (Tariff Rate Quotas – Sheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 2021.

The proposed changes include amending the minimum allocation amount from 500 to 1000 tonnes for cotton exported to India, as well as streamlining auditor reporting obligations.

Submissions closed on 29 August 2025.

14. DAFF updates on import requirements for beef and beef products from the US and Canada

On 4 August 2025, DAFF released new import conditions for fresh raw (chilled or frozen) beef and beef products from the US and Canada. This follows an Australian Federal Government announcement that beef products from North America will be permitted to enter Australia (subject to conditions).

The new conditions include the following:

· Consignments of the fresh raw (chilled or frozen) beef and beef products must have a recognised government certificate to meet biosecurity and food safety requirements. All other consignments of beef and beef products must meet the certification requirements for Bovine Spongiform Encephalopathy.

· All initial consignments must meet the label and visual assessment in the analytical testing under the Imported Food Inspection Scheme (IFIS)

15. DAFF announces new documentation requirements for bivalve mollusc products from Spain

On 1 September 2025, DAFF published an imported food notice for importers of bivalve molluscs and its derivatives. The imported food notice advises that from 1 September 2025 onwards, a foreign government certificate is required for bivalve mollusc products imported to Australia from Spain.

Consignments will be checked by DAFF and may be referred to the Food Inspection Scheme for analytical testing.

16. DAFF implements wheat export protocol for Indonesia

On 1 August 2025, a protocol for the export of wheat to Indonesia came into effect. Under the protocol, wheat for export must be practically free from a series of pests.

The Manual of Importing Country Requirements (Micor) cases for wheat have been updated.

17. DAFF implementing updated dairy conditions following risk review for dairy products

On 19 August 2025, DAFF published its import risk review for dairy products for human consumption. The review considered the biosecurity risks associated with the import of any dairy products, such as ones that have arisen in relation to foot and mouth disease, peste des petits ruminants disease and sheeppox and goatpox virus. The review also considered measures required to manage these risks.

On 31 August 2025 DAFF started implementing outcomes from the review, and has started issuing permits with two sets of conditions: one set that upholds current conditions as a transition measure and another permit that reflects the new import conditions.

18. DAFF consultation on National Food Security Strategy

On 13 August 2025, DAFF released a discussion paper on its National Food Security Strategy. DAFF has outlined three priority areas for policy making in relation to national food security:

1) Resilient supply chains. This involves policies that protect biosecurity, reduce storage and transportation time and costs and surveillance.

2) Productivity, innovation and economic growth. There has been a recent trend of declining agricultural productivity growth

3) Competition and cost of living. These issues were addressed by the ACCC and were covered in our May 2025 edition of FoodLegal Bulletin: “Regulatory implications for product pricing in recent ACCC report”.

DAFF is seeking feedback on the consultation paper. Submissions close on 24 September 2025.

New Zealand:

19. NZ Commerce Commission sets enforcement priorities for 2025 and 2026

On 28 August 2025, the NZ Commerce Commission released its enforcement priorities for 2025/16, which include:

· Cartels

· Online sales conduct

· Grocery sector breaches

· Telecommunications sector breaches

· Unconscionable conduct

· Motor vehicles sales and finance.

The Commerce Commission also has enduring priorities, which include product safety, anticompetitive conduct and vulnerable consumers.

20. Kmart in trouble in New Zealand over alleged greenwashing

On 14 August 2025, NZ Commerce Commission issued a warning to Kmart NZ Holdings Ltd over allegedly making an unsubstantiated claim in its “100% sustainably sourced cotton” advertising, in breach of the NZ Fair Trading Act.

During the Commerce Commission’s investigation, Kmart admitted that it did not have certainty over whether 100% of its cotton was sustainably sourced. The basis behind the claim was that some of the cotton was supplied by a sustainable source (Better Cotton), however, that cotton was mixed with conventional cotton. Kmart removed the “100% sustainably sourced cotton” claim from its website following the investigation.

Big international news

21. Animal-free labelling now subject to new ISO standard

In July 2025, the International Organisation for Standardisation published an international standard for “Plant-based foods and food ingredients”. The Standard will provide definitions and technical criteria for labelling and claims relating to ‘animal-free’ products.

In some countries, compliance with an ISO Standard can become mandatory by reference incorporating ISO compliance within a Standard. Even if an ISO Standard is not mandatory, major retailers may mandate or strongly recommend compliance with ISO Standards.

United Kingdom:

22. UK to ban energy drinks for children aged under 16

The United Kingdom (UK) government has proposed a ban on the sale of high-caffeine energy drinks to children under 16 years old. The ban would apply to sale of products with more than 150 mg per litre.

The UK government is holding a 12-week consultation before finalising the ban.

23. UK FSA consultation on guidance for ‘grey market goods’

On 21 August 2025, the UK Food Standards Agency (FSA) launched a consultation seeking feedback in relation to its proposed guidance on ‘grey market goods’. Grey market goods refer to goods that are not intended for the country of import, such as due to unauthorised additives, excessive additives or ingredients which do not meet requirements in domestic food safety legislation.

The UK FSA is seeking feedback on questions such as:

· Whether the guidance adequately sets out the powers of authorities to use food law to enforce against grey market goods;

· Whether the enforcement options are proportionate and sufficient;

· Whether the guidance on labelling breaches are clear.

Submissions close on 24 October 2025.

24. UK FSA consultation on proposed authorisations for CBD food products

On 28 August 2025, the UK FSA initiated consultation on its proposal to authorise the first cannabidiol (CBD) food products as novel foods in the UK.

The consultation focuses on three applications, each of which have passed the initial safety assessment. The consultation focuses on potential labelling requirements in the form of warning labels stating:

· ‘Not suitable for persons under the age of 18’;

· ‘Not suitable during pregnancy or breastfeeding or for those trying to conceive’; and

· ‘Those taking medications or who are immunosuppressed should consult a healthcare professional before use’.

European Union

25. European Court of Justice contradicts EFSA position on titanium dioxide as carcinogenic

On 1 August 2025, the Court of Justice of the European Union (CJEU) upheld a decision by the General Court that that titanium dioxide is not intrinsically carcinogenic.

In 2017, the European Chemicals Agency (ECHA) Committee for Risk Assessment adopted an opinion stating that titanium dioxide is carcinogenic. On that basis, the EU Commission adopted a regulation that titanium dioxide is carcinogenic by inhalation, in powder form containing 1% or more particles of a certain diameter (≤10 μm).

In 2021, following a request from the EU commission, EFSA also decided that titanium dioxide was no longer safe when being used as a food additive.

In 2022, the General Court found that the EU Commission made a ‘manifest error’ in its assessment of the reliability of a study and its decision to accept that study and base its classification on it. The EU Commission appealed against that decision, and the CJEU has dismissed those appeals.

United States:

26. FDA proposes to extend compliance date for food traceability rule

On 6 August 2025, the United States Food and Drug Administration (US FDA) proposed to extend the compliance date for the food traceability rule by 30 months. The food traceability rule establishes additional requirements for manufacturers, processors and packers of foods that are on the food traceability list. The fundamental requirement is that those persons must maintain records containing key data elements connected to critical tracking events and provide information to the FDA within 24 hours of those events.

The compliance date period is proposed to be extended by 30 months to 20 July 2028. Submissions are open until 8 September 2025.

27. FDA issues proposed rule to amend standard of identity for pasteurised orange juice

On 5 August 2025, the US FDA proposed a rule to amend the standard of identity for pasteurized orange juice sold in the US. This is part of a broader agenda to review over 250 standards of identity.

The proposed rule would reduce the minimum Brix requirement for orange juice (an indication of sugar content) from 10.5% to 10%. The FDA contends that reducing the Brix content is unlikely to affect the taste of orange juice and will have a minimal impact on the nutrients found in orange juice.

28. FDA issues warning about lead leaking from imported cookware

On 13 August 2025, the US FDA issued a warning for consumers and retailers of certain imported cookware that is leaking significant amounts of lead into food.

Certain cookware products such as ones made from aluminium, brass and aluminium alloys (which often contain lead) known as Hindalium/Hindolium or Indalium/Indolium have been found to leach lead into food when cooking after testing by state authorities and the FDA. The FDA recommends that retailers use the FDA’s lead leach testing protocol.

We discuss safety concerns with lead presence in food and ingestion in our December 2024 edition of FoodLegal Bulletin: ‘Lead limits in chocolate and other food products’.

29. US FDA updates list of chemicals in the food supply undergoing post-market assessment

On 19 August 2025, the US FDA updated its list of chemicals under review for the FDA’s post-market assessment of chemicals in the food supply. The updated list includes new chemicals such as food additives- including colour additives, food contact substances and contaminants.

The newly added chemicals are:

· butylated hydroxyanisole (BHA)

· butylated hydroxytoluene (BHT)

· azodicarbonamide (ADA)

· FD&C Blue No. 1

· FD&C Blue No. 2

· FD&C Green No. 3

· FD&C Red No. 40

· FD&C Yellow No. 5

· FD&C Yellow No. 6.

This is general information rather than legal advice and is current as of 14 Sep 2025. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.

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