FoodLegal

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

© Lawmedia Pty Ltd, June 2026   

Food Standards Australia New Zealand (FSANZ) news:

1.     Caffeine and infant formula ingredient amendments gazetted

On 9 July 2026 amendment no. 250 to the Australia New Zealand Food Standards Code (Food Standards Code) was gazetted. The amendment incorporates changes arising from:

·        Proposal P1056 which introduced changes to the regulation of caffeine in foods

·        Application A1334 to permit 2′-FL from GM Corynebacterium glutamicum (gene donor: Corynebacterium urealyticum) in infant formula products

2.     FSANZ calls for submissions on Proposal P1066 – review of young child formula

On 26 May 2026 FSANZ called for submissions regarding its Proposal 1066 to review requirements for formulated supplementary foods for young children (commonly referred to as ‘toddler drinks’).

In this June-July 2026 bumper edition of FoodLegal Bulletin, we explore the proposed changes in more detail.

3.     FSANZ commences assessment of Applications A1325 - Extension of use of steviol glycosides in hotplate flour products

FSANZ has commenced its assessment of the following Applications during May 2026:

·        Application A1325 by George Weston Foods Limited to extend the use of the food additive sweetener steviol glycosides to flour products (crumpets, pikelets and pancakes) that are produced on a hotplate.

·        Application A1352 by Inzymes ApS to permit chymosin from Thermothelomyces heterothallica (gene donor: Bos taurus) as a processing aid in the production of cheese.

·        Application A1326 by George Weston Foods Limited to permit the addition of phytosterols, phytostanols or their esters as a novel food to bread and bread products.

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

4.     FSANZ prepares Proposal M1024 – 2025 MRL Harmonisation Proposal

On 19 May 2026 FSANZ started its preparation of Proposal M1024 which seeks to harmonise various Maximum Residue Levels (MRLs) for agricultural and veterinary chemicals with international standards.

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

5.     APVMA notifies proposed Schedule 20 amendments to FSANZ

The Australian Pesticides and Veterinary Medicines Authority (APVMA) has notified FSANZ on 13 May 2026 of proposed changes to maximum residue limits in Schedule 20 of the Food Standards Code for Spiromesifen, Epyrifenacil, Icafolin-Methyl and Imazalil.

The APVMA has power to make changes to the Maximum Residue Limits Standard in Schedule 20, but must notify FSANZ.

Australian Competition and Consumer Commission (ACCC) news:

6.     Australian retailer Coles found to have misled consumers regarding discounts

On 14 May 2026, the Australian Federal Court found that Coles Supermarkets made false or misleading representations, in breach of the Australian Consumer Law (ACL), regarding its “down down” discounts. The case centred on the ACCC’s allegation that Coles temporarily increased the price of several products before placing them on a “down down” promotion indicating the products were being offered at a discounted price. The ACCC argued these discounts were illusory and therefore misleading.

The Federal Court held that 13 out of 14 products were not, in fact, offered for sale at the relevant “was” (higher) price for a long enough duration to be considered a legitimate basis for a discount. Notably, the Court did agree with Coles’ argument that the price increases were legitimate responses to cost increases from suppliers.

The Court will determine penalties at a later date. The Court is also finalising its decision in a similar case against Woolworths Supermarkets.

7.     ACCC initiates proceedings against amazon for alleged button battery breaches

On 29 May 2026, the ACCC initiated proceedings in the Australian Federal Court against Amazon for allegedly failing to comply with mandatory button battery warning requirements on childrens’ backpacks.

This case is the first brought by the ACCC against an online marketplace regarding button battery standards.

In this June-July 2026 bumper edition of FoodLegal Bulletin, we discuss the implications of this case on e-commerce and online marketplaces in more detail.

8.     ACCC requests online marketplaces take down magnet products

On 2 June 2026, the ACCC issued takedown requests to Amazon, eBay, Kogan and Fruugo for offering toys for sale that contained potentially dangerous magnets (e.g. in “magnetic chess” or “magnetic chess battle” style games). Some loose or high-powered magnets are permanently banned under the ACL product safety standards.

Although these requests did not relate to food products, they demonstrate the importance of adhering to relevant safety requirements, even where the product is sold online.

Several products have been recalled since the commencement of the investigation.

9.     ACCC issues infringement notices for alleged Dairy Code breaches

On 22 May 2026, the ACCC issued two infringement notices each to Coles Supermarkets and Brownes Foods Operation for the following alleged breaches of the Dairy Code of Conduct:

-        Coles allegedly published two separate milk supply agreements that required the supplier to provide milk exclusively to Coles, and allegedly imposed a cap on the maximum volume of milk to be produced.

-        Brownes allegedly published two milk supply agreements that did not specify minimum prices that applied throughout the relevant supply period, and did not justify the reason for minimum prices.

Coles and Brownes Dairy each paid $39,600 in penalties.

10.  ACCC issues infringement notices for Horticulture Code breaches

On 4 June 2026, the ACCC announced they issued infringement notices to Fruitico Pty Ltd and Fresh Express Produce totalling $99,000. The two companies, which are produce companies based in Western Australia, were issued five (5) infringement notices each for alleged breaches of the Horticulture Code of Conduct.

According to the ACCC, Fruitico traded with table grape growers without having a horticulture produce agreement in place that was compliant with the Horticulture Code. The ACCC also alleged that Fresh Express separately failed to provide required pricing information to growers in statements.

The Horticulture Code is a mandatory industry code under the Competition and Consumer Act 2010, and in January 2026 the Australian Federal Government announced a review of the code.

11.  Permanent ban on baby bottle self-feeding devices now in effect

On 26 May 2026, the ACCC announced a permanent ban on baby bottle self-feeding devices is now in effect to reduce potential for serious injury or death. The ban applies to all products that position a baby bottle (or teat) so an infant can self-feed without another person holding the bottle.

Other regulatory news:

12.  Updates to scheduling of substances under Poisons Standard

On 28 May 2026, amendments to the Therapeutic Goods (Poisons Standard – June 2026) Instrument 2026 took effect, incorporating the following new entries for:

• Apadamtase alfa, Anacaulase-bcdb; Avacincaptad pegol; Capmatinib and Depemokimab have been added to Schedule 4 (prescription only medicines)
• Deutivacaftor; Orebrutinib; Pirtobrutinib; Plozasiran; Retifanlimab, Remibrutinib;  and Vanzacaftor have been added to Schedule 4; and
• Glyoxylic acid has been added to Schedule 6 (poisons).

The Therapeutic Goods Administration (TGA) has also made final decisions in relation to Bacillus paralicheniformis, Dimethyl disulfide, Enflicoxib and Spidoxamat (these changes have not yet been gazetted). The TGA has also proposed amendments in relation to:

-        Loratadine, Fexofenadine, Pseudoephedrine and Salicylic acid. Submissions close 30 June 2026.

-        Psilocybine. Submissions close 3 July 2026.

13.  APVMA opens consultation

The Australian Pesticides and Veterinary Medicines Authority (APVMA) has opened consultation on the following substances:

-        Use of Protech Lepto 4 as an inactivated vaccine for Dogs. Submissions close 16 June 2026.

-        New active 1,4-dimethylnaphthalene in the product 1,4 SIGHT Potato Dormancy Enhancer. Submissions close 16 June 2026.

-        Use of cyantraniliprole and diafenthiuron in the product Minecto Forte Insecticide for use on legume vegetables. Submissions close 26 June 2026.

14.  TGA publishes efficacy results for listed medicines containing magnesium

On 7 May 2026, the Therapeutic Goods Administration (TGA) published results of targeted compliance reviews for select listed medicines containing magnesium. The TGA reviewed 21 medicines and found:

-        5 medicines (24%) had sufficient evidence to support exercise performance claims;

-        Insufficient evidence was provided for 16 medicines (76%);

-        A number of products with insufficient evidence were cancelled from the Australian Register of Therapeutic Goods (ARTG) and withdrawn from supply. Some remained available for supply with relevant claims removed;

-        One sponsor was issued four infringement notices.

Both therapeutic goods and food products must hold sufficient evidence to make all claims on pack and online. FoodLegal can support businesses by advising on the evidentiary and documentation requirements for your products.

15.  Victorian Plant Biosecurity Regulation 2016 replaced

On 30 May 2026, a new Plant Biosecurity Regulations 2026 (VIC) instrument came into effect, replacing the 2016 version which has sunsetted. Under the new regulations, the following minor changes have been implemented:

-        Updates to the list of prescribed fruits and vegetables subject to labelling requirements;

-        Prescribing additional infringement offences;

-        Increasing maximum penalties for some offences;

-        Wording changes to improve consistency with the Plant Biosecurity Act 2010 (VIC).

Australian Department of Agriculture, Fisheries and Forestry (DAFF)

16.  DAFF publishes import notices

DAFF has published three (3) separate import notices during May 2026 regarding:

-        DAFF commencement of verification activities to verify Imported Food Inspection Scheme Importer Declarations for cheese products. Identified importers will be asked to provide evidence to support their declarations (e.g. product specification sheets, pH levels, water activity or refrigerated shelf life).

-        Operation improvements to the Compliance-Based Intervention Scheme (CBIS) for multiple animal-based import pathways (e.g. dried prawns for human consumption, or Cnidarians, echinoderms, tunicates and poriferans that are fresh or have undergone minimal processing). No import conditions have been updated.

-        Expansion of the CBIS for multiple animal-based commodity import pathways to include (a) retail-ready cosmetics with less than 20% animal derived ingredients, (b) soaps and (c) cephalopods caught using trawl or purse seine methods for animal consumption. This change will take place on 30 June 2026 and no import conditions will be updated.

17.  DAFF to update Micor platform

DAFF has advised that Micor, the central platform for sourcing requirements to export food and beverage products to international jurisdictions, will be updated on 16 July 2026. Minor changes are expected (including to the interface of the platform).

New Zealand

18.  NZ MPI proposes changes to kava food standard

In May 2026, the New Zealand Ministry for Primary Industries (NZ MPI) published a summary of submissions (which closed in March 2026) on the following proposed changes to the kava food standard:

·        Clarifying that processing aids and food additives may not be used in production of kava for sale; and

·        Prohibiting sale of non-noble varieties of kava.

Kava products for sale in New Zealand must comply with this standard in addition to requirements under the Food Standards Code.

19.  NZ to increase penalties for fair trading breaches

ON 13 May 2026 the New Zealand Government introduced a bill to increase maximum penalties for breaches of the NZ Fair Trading Act, which contains many similar prohibitions to Australia’s Australian Consumer Law. Businesses can currently be fined NZ $600,000 per breach, however the government is proposing to increase the maximum penalty for businesses to the greater of:

-        NZ $5 million;

-        Three times the commercial gain or loss avoided; or

-        The value of the relevant transaction.

For individuals, the maximum penalty would be $1 million (up from $200,000), 3x the gain or the value of the relevant transaction. Recently the Australian Federal Government also increased its maximum penalties for breaches of the ACL.

In addition to increasing penalties the NZ government is also proposing to:

-        Introduce a new ‘safe harbour’ legal defence for online service providers to support the takedown of scam websites; and

-        Streamline the process for updating product safety standards.

20.  Container deposit Bill introduced into NZ Parliament

New Zealand First has introduced a members Bill into New Zealand parliament to mandate a Container Deposit Scheme nationwide for New Zealand. Whilst the Bill sets out the relevant guiding principles, it leaves operational detail to regulation to provide regulatory flexibility in future.

In Australia, all States and Territories operate a Container Deposit Scheme (CDS) to reduce litter and waste. FoodLegal can support businesses with any CDS requirements.

21.  NZ MPI issues food notice regarding dried spices, dairy, shellfish, tahini and sesame paste products

On 1 May 2026, the NZ MPI published the Requirements for Registered Food Importers and Imported Food for Sale 2026 – this replaces a previous 2024 version. The notice includes updated import requirements for:

-        Dried spices;

-        Milk and dairy products;

-        Bivalve molluscan shellfish and shellfish products; and

-        Tahini and sesame paste products.

The notice will come into effect on 1 February 2027.

22.  NZ MPI publishes notice on use of industrial hemp and hemp-derived substances

In May 2026, the NZ MPI published an alert notification on use of industrial hemp and hemp-derived substances in agricultural compounds, replacing the previous 2022 alert.

The new notification confirms that all products (e.g. animal feeds) which contain hemp (or help substances) must be registered under the Agricultural Compounds and Veterinary Medicines Act before they can be used on any animal.

European Union (EU)

23.  Updated EU Listeria food safety requirements come into effect

On 1 July 2026, updated requirements will come into effect to manage risks of Listeria monocytogenes following Regulation (EU) 2024/2895 (which amended a previous regulation). The key change is that food safety will now not only be assessed at a specific point in time, but a business must ensure products are safe throughout their entire shelf life.

The absence of Listeria now must be guaranteed within the factory, through transport and retail, and in household refrigeration.

United States of America (USA):

24.  FDA issues guidance on protein testing for infant formula manufacturers

On 21 May 2026 the US Food and Drug Administration (FDA) published final guidance on protein quality testing requirements for infant formula manufacturers. The guidance focuses on evaluation and reporting of Protein Efficiency Ratio (PER) studies.

The guidance aligns with draft guidance provided in 2023 and is aimed at improving resilience in the US infant formula supply.

This is general information rather than legal advice and is current as of 10 Jun 2026. Contact FoodLegal for tailored advice on your specific circumstances.