FoodLegal

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

© Lawmedia Pty Ltd, March 2026   

Upcoming law changes

1.     Australian Government opens consultation on marketing for infant formula

On 27 February 2026, the Australian Department of Health began seeking comments on a proposal to introduce new mandatory marketing restrictions in infant formula products, beyond the requirements of the Food Standards Code.

This framework would replace the Marketing in Australia of Infant Formula (Manufacturers and Importers) Agreement (MAIF Agreement), which was a voluntary code effective until February 2025.

Submissions on proposed mandatory controls close 10 April 2026.

2.     Health star ratings to become mandatory, ‘added sugar’ labelling not required

On 13 February 2026 Ministers from Australia and New Zealand responsible for food regulation met and requested Food Standards Australia New Zealand (FSANZ) to prepare a Proposal to mandate the Health Star Rating system in Australia and New Zealand.

The Health Star Rating was first introduced as a voluntary scheme in 2014. Ministers had set an uptake target of 70%, however according to reporting in November 2025, uptake was only at 39%. The Health Star Rating is intended to indicate the ‘healthiness’ of a product within its category based on its fruit and vegetable and macronutrient content.

Food Minsters also decided that they would regulatory changes to the Nutrition Information Panel (NIP) would not be required, following a review and consumer data conducted by FSANZ. Previously, FSANZ had proposed updating the NIP to include a mandatory value for ‘added sugars’.

Food Standards Australia New Zealand (FSANZ) news:

3.     FSANZ calls for submissions on Application A1329 – Cadmium limits in Blacklip Rock Oysters

On 2 March 2025 FSANZ called for submissions from industry in relation to Application A1329 by the Norther Territory Department of Agriculture and Fisheries to exempt Blacklip Rock Oysters (Saccostrea spathulata) from the cadmium maximum level of 2 mg/kg for molluscs.

Submissions are due by 13 April 2025.

4.     Food Standards Code amendments take effect

On 26 February 2026, FSANZ gazetted amendments to the Australia New Zealand Food Standards Code (Food Standards Code) arising from the following applications:

·        Application A1292 - Phospholipase C from Bacillus licheniformis as a processing aid;

·        Application A1293 - Phosphoinositide PLC from Bacillus licheniformis as a processing aid; and

·        Application A1328 - Aminopeptidase from Trichoderma reesei as a processing aid.

5.     FSANZ notifies Ministers of its approval of Proposal P1065 including compositional changes for special medical purpose infant products

On 18 February 2026 FSANZ notified the Food Ministers’ Meeting of its approval of Proposal P1065.

Proposal P1065 consists of omnibus amendments to the Food Standards Code, including an update to the compositional fat requirements for Special Medical Purpose Products for infants which had previously been approved but was inadvertently omitted from the relevant amending instrument.

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

6.     FSANZ publishes national survey of antimicrobial resistance in raw meat

On 6 February 2026 FSANZ published its National surveillance of antimicrobial resistant bacteria in raw retail beef, chicken and pork meat, 2022–23.

The survey sampled over 4,000 raw retail meat products across all Australian capital cities. It found that overall resistance to antibiotics of high importance to human health was low across all meat types. However, it also found some level of resistance to antibiotics that are not registered for use in Australia.

Australian Competition and Consumer Commission (ACCC) news:

7.     ACCC announces 2026-27 compliance and enforcement priorities

On 19 February 2026, the ACCC announced its compliance and enforcement priorities for 2026-27. In addition to enduring priorities (which include product safety and agriculture matters), the ACCC focus areas include:

·        Competition and consumer concerns in the supermarket and retail sectors, with a focus on misleading pricing;

·        Manipulative and false practices, and unsafe consumer goods, on digital platforms;

·        Consumer concerns regarding environmental claims and sustainability, focusing on greenwashing;

·        Product safety issues for young children, focusing on button battery, infant sleep and toppling furniture mandatory standards.

8.     Service station operator fined $16m for misrepresenting fuel quality

On 17 February 2026 the Australian Federal Court ordered service station operator Mobil Oil Australia to pay penalties of AUD$16m in relation to misleading statements about the quality of the fuel it sold at nine Queensland locations.

Although this case did not concern a food business, it highlights the importance of ensuring that any claims about the quality of a product can be substantiated and remain applicable to all instances of that product, with few exceptions.

The Court found that Mobil advertised its fuel as ‘Mobil Synergy Fuel’ which contained certain additives that would enhance engine life. However, the fuel sold at the nine outlets that were the subject of the case did not contain these additives and was substantially the same as fuel at other non-Mobil sites.

Department of Agriculture, Fisheries and Forestry (DAFF) news:

9.     Plant exports cost recovery implementation consultation

On 29 January 2026, DAFF called for comments on its proposed 2026-2027 exports cost recovery implementation statement. This statement outlines proposed changes to how DAFF intends to recover costs for exported plant products from 1 July 2026.

Submissions close on 6 March 2026.

10.  DAFF publishes survey findings for fumigation monitoring technology

On 18 February 2026, DAFF published a report summarising feedback on biosecurity fumigation technology. The results indicated broad industry recognition of new fumigation monitoring technologies.

DAFF will use the results in considering future fumigation monitoring policies.

11.  DAFF targeting biosecurity compliance for imported rice

On 10 February 2026, DAFF announced it will run a verification program on imported rice for human consumption. The program is intended to verify compliance with Australian import conditions to manage khapra beetle risks in raw rice from target risk countries.

The operation commenced on 16 February 2026 and will impact a pre-determined number of consignments.

12.  DAFF updates import requirements for bivalve molluscs from Canada

On 16 February 2026, DAFF updated import conditions for bivalve molluscs and mollusc products from Canada. From this date, relevant products (excluding retorted, shelf-stable or dried products) imported to Australia from Canada must be accompanied by a recognised government-issued certificate.

Other Australian Regulatory news

13.  Federal Court dismisses greenwashing allegation against Santos

On 17 February 2026, the Australian Federal Court dismissed an action brought by the Australian Centre for Corporate Responsibility (ACCR) against Santos Ltd. The ACCR, a public advocacy group, alleged that Santos made misleading statements to investors regarding “clean fuel” and “clean energy” in relation to its natural gas products, therefore contravening the Corporations Act 2001 (Cth) and Australian Consumer Law.

The Court decided that the relevant target audience, which was comprised of mainly institutional and individual investors, would not be misled by these representations.

Whilst this case was not food-related, the “target audience” or “ordinary reasonable consumer” (for actions involving consumer goods) will continue to be a central issue in litigation against misleading claims.

14.  New Poisons Standard published

The newest version of the Therapeutic Goods (Poisons Standard – February 2026) Instrument (Poisons Standard) took effect on 1 February 2026 and supersedes the previous version of the Poisons Standard from October 2025.

The February 2026 instrument amends entries for tretinoin and adrenaline, and incorporates new entries for six chemicals in Schedule 4 (Prescription-only medicines), and fenmezoditiaz in Schedule 6 (Poisons).

15.  TGA publishes new guidance on product recall, alerting and corrections procedures

On 24 February 2026 the Therapeutic Goods Administration (TGA) published new guidance on its Procedure for Recalls, Product Alerts and Product Corrections (PRAC).

The PRAC took effect in March 2025 and replaced the TGA Uniform Recall Procedure for Therapeutic Goods (URPTG). The TGA has updated the terminology, format, definitions and some processes relating to sponsors’ approved customers letters.

16.  APVMA undertakes public consultations

The Australian Pesticides and Veterinary Medicines Authority (APVMA) is seeking comment on the following applications:

·        An application to register the product Actavan® Bio Plant Defence Elicitor, containing 900 g/L of sugar beet extract, as a soluble concentrate (SL) formulation. The product is for use as an agricultural chemical in wine and table grape. Submissions close on 10 March 2026.

·        An application for the registration of the product Semios Carob Moth Aerosol Pheromone, containing 12.5 g/L ((Z, E) -7,9,11-dodecatrienyl formate) -7,9,11-dodecatrienyl formate, as an Aerosol formulation (AE). The product is intended to manage Carob moth, a pest known to infect almond trees. Submissions close on 10 March 2026.

·        An application to approve the new active constituent Tasipimidine sulfate, and registration of the product Tessie 0.3 mg/mL Oral Solution for Dogs (containing the new active constituent) for the short-term alleviation of situational anxiety and fear in dogs triggered by noise or owner departure. Submissions close on 10 March 2026.

·        Evaluation of the new active folpet in the product Folpan 800 WG Fungicide. Submissions close on 24 March 2026.

·        Evaluation of the new active glufosinate-P-ammonium in the products Basta and Liberty Ultra Herbicide. Submissions close 24 March 2026.

·        Proposed chemical products standard for chemical products containing fenitrothion. Submissions close 25 March 2026.

New Zealand:

17.  NZ MPI proposes measure to improve pig and sheep traceability

The NZ MPI is consulting with industry on proposed measures to improve the traceability of pigs and sheep.

The proposed measures focus on traceability of Foot and Mouth Disease (FMD), which was the subject of multiple outbreaks in Europe during 2025.

Submissions close 5 April 2026.

18.  NZ Commerce Commission commences proceedings against the TV Shop for misleading business practices

On 4 February 2026, the NZ Commerce Commission (NZCC) filed proceedings against Brand Developers Ltd, trading as the ‘TV Shop’, alleging the company engaged in unconscionable conduct in breach of the NZ Fair Trading Act.

The NZCC alleges the TV Shop engaged in exploitative business practices between August 2022 and June 2024 by entering long-term payment plans or sales with customers without checking the customer understood the terms and nature of the sale. The NZCC also alleges that the company employed aggressive post-sale retention and debt collection tactics.

If found guilty of unconscionable conduct under the Fair Trading Act, businesses can be liable for fines up to NZ$600,000.

19.  NZ Food Safety consults on self-assessable changes for agricultural chemicals and veterinary medicines

On 12 February 2026, NZ Food Safety extended the closing date for a consultation on a draft guidance document regarding agricultural chemical and veterinary medicine trade name product registrations.

The consultation relates to new self-assessable changes guidance documents and changes to the existing chemistry and manufacturing guidance.

Submissions close on 15 March 2026.

Exporters to Vietnam

20.  New Vietnam food safety regulations delayed

Vietnamese government had delayed the implementation of the following food safety regulations until 15 April 2026:

·        Decree 46/2026/ND-CP published 26 January 2026 – regulations guiding the implementation of the food safety law; and

·        Resolution 66.13/2026/NQ-CP published 27 January 2026 – regulations on the registration of food products

These regulations were intended to operate with immediate effect, however they had resulted in obstacles for products exported from New Zealand.

United States:

21.  FDA commences assessment of BHA and issues request for information

On 10 February 2026, the US Food & Drug Administration (US FDA) commenced a re-assessment of butylated hydroxyanisole (BHA).

BHA is a synthetic antioxidant and preservative used to prevent fat rancidity in foods. The National Toxicology Program has identified BHA as a potential human carcinogen. The review will consider whether BHA is safe based on current conditions of use in food and as a food contact substance. To complete the re-assessment, US FDA has issued a request for information regarding BHA.

Submissions close on 13 April 2026.

22.  FDA advises industry on artificial colour claims

On 5 February 2026, the US FDA sent a letter to industry advises of its intention to exercise enforcement discretion regarding section 403(a)(1) of the Federal Food, Drug, and Cosmetic (FD&C) Act. The FDA considers that the definition of ‘artificial colour’ under this Act does not distinguish between colours derived from natural sources and non-natural sources.

The FDA has advised that it does not intend to take enforcement action if a company claims that a product contains no artificial colours, provided that the product does not contain the petroleum-based colours that the FDA is phasing out. Prior to the enforcement discretion, companies were generally only able to make the ‘no artificial colours’ claim when their products had no added colour at all.

The FDA has also approved beetroot red and approved the expanded use of spirulina extract, an existing colour additive.

23.  California introduces food safety chemical regulation bill

On 17 February 2026, the Californian Government introduced a bill that would require companies to demonstrate food additive safety to state authorities. This would reverse the current regulatory framework, whereby businesses can self-assess that a substance is Generally Recognised As Safe (GRAS).

Under the proposed law, companies would be required to provide safety data to the Californian Department of Public Health, and data would be published in a public database.

As at the date of this article, this bill has not become law.

United Kingdom:

24.  UK Supreme Court prohibits use of “milk” descriptor for oat milk

The United Kingdom Supreme Court has rules that a “Post Milk Generation” trademark, owned by Oatly, cannot be used on oat-based food and beverage products.

Under EU Regulation (1308/2013), which was retained after Brexit, the terms “milk”, “butter” and “cheese” may only be used in relation to animal-derived products.

European Union:

28.  European Union adopts ‘no-alcohol’ wine definitions

On 23 February 2026, the European Council adopted an updated policy framework aiming to simplify labelling for wine products.

The new rules will clarify requirements for displaying terms such as ‘alcohol-free’ (to make this claim, a product must contain <0.5% alcohol), ‘0.0%’ (may be made if product contains <0.05%) and ‘reduced alcohol’.

The new regulations will come into effect 20 days after publication in the Official Journal of the European Union.

This is general information rather than legal advice and is current as of 4 Mar 2026. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.