FoodLegal

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

© Lawmedia Pty Ltd, August 2026   

Food Standards Australia New Zealand (FSANZ) news:

1.     FSANZ proposes annual commencement date for labelling changes

On 21 July 2026 FSANZ announced a proposal to introduce an annual common commencement date for food labelling changes. If accepted, all food labelling changes would occur on the same nominated date each year.

Submissions close 18 August 2026.

2.     FSANZ calls for submissions

FSANZ is seeking submissions from industry on the following proposals and applications:

-        Application A1344 - Milk fat globule membrane-enriched whey protein concentrate for use as a nutritive substance in formulated supplementary foods for young children. Submissions close 13 August 2026.

-        Application A1342 - Beta-casein protein preparation from GM Komagataella phaffii. Submissions close 20 August 2026.

-        Application A1321 - Acetolactate decarboxylase from Bacillus licheniformis (gene donor: Brevibacillus brevis) for use as a processing aid. Submissions close 25 August 2026

-        Application A1349 - Food derived from insect-protected corn line COR121. Submissions close 3 September 2026.

-        Application A1350 - Lysophospholipase from Trichoderma reesei (gene donor: Aspergillus niger) for use as a processing aid. Submissions close 10 September 2026.

-        Application A1347 - Protein-glutamine glutaminase from Bacillus licheniformis (gene donor: Chryseobacterium viscerum) for use as a processing aid. Submissions close 17 September 2026.

3.     FSANZ consults on cell-cultured duck biomass

On 22 July 2026, submissions closed for Application A1341 - Cell-cultured duck (Anas platyrhynchos domesticus) biomass. FSANZ is assessing an application for permission to use cell cultured duck biomass as a food ingredient and has prepared a draft variation to Schedule 3 and Division 2A of the Food Standards Code.

FSANZ is currently reviewing submissions.

4.     Application 1322 to extend use of polyglycerol esters in sauces and toppings withdrawn

On 21 July 2026 FSANZ announced that Application A1322, which sought to extend the use of the food additive emulsifier polyglycerol esters of interesterified ricinoleic acid to sauces and toppings, had been withdrawn by the applicant.

5.     FSANZ notifies ministers of amendments to Food Standards Code

On 3 June 2026, FSANZ approved the following Applications, which would amend the Australia New Zealand Food Standards Code (Food Standards Code) if given final ministerial approval:

-        Application A1329 - Exclusion of Blacklip Rock oysters farmed in the Northern Territory from the ML for cadmium in molluscs

-        Application A1339 - 2′-FL, 3-FL, LNT, 3′-SL, and 6′-SL from GM Escherichia coli BL21 for use as nutritive substances in infant formula products

-        Application A1340 - 2'-FL from GM Escherichia coli BL21 (gene donor: Akkermansia muciniphila) for use as a nutritive substance in infant formula

These decisions were notified to the Food Ministers Meeting. Food Ministers have 60 days (from the date of notification) to request a further review if required by the Ministers. Otherwise, the amendments will come into effect.

6.     FSANZ commences assessment of further applications to amend the Food Standards Code

FSANZ has commenced its assessment of the following Applications:

-        Application A1353 - Plant sterols as a novel food in yoghurt, cheese and processed cheese (Application commenced 12 June 2026)

-        Application A1356 - Food derived from increased nicotianamine wheat lines containing event UM-12115T-1 (Application commenced 24 June 2026)

-        Application A1358 - Glucoamylase from Trichoderma reesei (gene donor: Aspergillus fumigatus) for use as a processing aid (Application commenced 24 June 2026)

-        Application A1357 - Steviol glycosides (rebaudioside M and rebaudioside D) produced by enzymatic conversion using enzymes produced by Escherichia coli BL21 (Application commenced 2 July 2026)

-        Application A1354 - D-psicose 3-epimerase from Escherichia coli (gene donor: Desmospora sp.) for use as a processing aid for the production of D-allulose (Application commenced 9 July 2026)

-        Application A1359 - Honey truffle sweet protein from Komagataella phaffii for use as a food additive (Application commenced 30 July 2026)

A submission window for each Application will be announced at a later date.

7.     FSANZ gazettes Food Standards Code changes

On 16 July 2026, FSANZ published amendment no. 251 to the Food Standards Code, which incorporates amendments arising from the following applications:

-        A1304 - Endo-1,4-beta-xylanase from Bacillus licheniformis (gene donor: Chryseobacterium cucumeris) for use as a processing aid;

-        A1305 - Alpha-amylase from Bacillus licheniformis (containing the gene for alpha-amylase from the gene variant ANZ105) as a processing aid;

-        A1332 - Cross-linked polyester resins as an adsorbent processing aid in wine; and

-        M1023 - 2024 MRL Harmonisation Proposal.

8.     APVMA notifies FSANZ of Schedule 20 amendments

On 6 August 2026, the Australian Pesticides and Veterinary Medicines Authority (APVMA) notified FSANZ of amendments to Ametoctradin and Dimethomorph, Cyprodinil and Fludioxonil, and Flumioxazin in the Veterinary Chemicals Code. This may result in amendments to Schedule 20 of the Food Standards Code.

9.     ACNF publishes updated Record of Views

On 2 July 2026, the Advisory Committee on Novel Foods (ACNF) published an updated Record of Views in relation to certain new substances or processes. The ACNF has expressed the following views for:

-        Cherry skin and pulp flour from Prunus avium (sweet cherry) - not novel;

-        Mycoprotein wet biomass from Fusarium venenatum A3/5 – not novel; and

-        Mycoprotein wet biomass from Fusarium venenatum (Quorn TM) - not novel.

The Record of Views publishes non-binding, persuasive opinions on the novel status of various substances.

10.  FSANZ publishes GM food and novel DNA guidance

FSANZ has published online guidance to support interpretation of updated definitions for genetically modified food and novel DNA. This follows adoption of changes arising from Proposal P1055 – Definitions for gene technology and new breeding techniques.

Australian Competition and Consumer Commission (ACCC) news:

11.  ACCC takes Federal Court action against Grill’d for donation claims

On 16 June 2026 the ACCC initiated proceedings in the Australian Federal Court against fast food chain Grill’d for allegedly making false or misleading representations to customers about the circumstances in which it would make donations to an environmental cause, in breach of the Australian Consumer Law.

The ACCC claims that Grill’d made broad representations that it would donate $1 from every burger purchased on a Tuesday towards the planting of trees. However, the ACCC alleges that Grill’d did not make sufficiently clear the conditions that needed to be met for a donation to be made, including that the purchaser had to be a member of the Grill’d loyalty program and had to scan their loyalty card when ordering and that only dine-in orders were eligible (not takeaway or delivery orders). The ACCC claims that only 17 percent of approximately 5 million burgers purchased on a Tuesday during the promotion met the conditions to qualify for a donation.

Proceedings will follow in due course.

12.  Lactalis pays penalties for alleged misleading “fresh milk” claims

On 2 July 2026, Lactalis Australia Pty Ltd paid $59,400 in penalties following ACCC scrutiny over “fresh milk” claims made on its Golden North ‘Country Fresh’ 2L milk and Ferguson Valley ‘WA DAIRY FRESH’ 2L milk products.

The ACCC raised concerns that it was misleading to represent that the products consisted of fresh milk when in fact they contained reconstituted milk powder. In this August 2026 edition of FoodLegal Bulletin, we address this case in more detail.

13.  ACCC takes ‘free-range’ action and announces enforcement pause during bird flu outbreak

On 8 July 2026 the ACCC announced will not take enforcement action for breaches of free-range poultry standards if and to the extent producers are independently acting in accordance with housing orders or recommendations issued by their relevant state veterinary authorities. This comes as producers struggle to manage various outbreaks of bird influenza across Australia.

Separately on 22 June 2026, Doreen Egg paid a $39,600 penalty to the ACCC for describing its eggs as ‘free range’ when the relevant hens did not have access to an outdoor range. According to the ACCC, Doreen’s conduct did not occur during a housing order. In this August 2026 edition of FoodLegal Bulletin, we address this case in more detail.

14.  ACCC investigating food labelling claims following ABC-TV’s Four Corners investigation

On 7 August 2026, the ACCC announced that it was investigating allegations of mislabelled food and packaging raised in media reports. Allegations raised in the Australian Broadcasting Corporation (ABC) program ‘Four Corners’, claimed that various tomato and egg products had been sold with incorrect country of origin information (on the tomato-based products) and with false or misleading ‘cage-free’ claims (on the eggs).

15.  JB Hi-Fi to refund customers for “was/now” pricing

On 11 June 2026, the ACCC announced that JB Hi-Fi Group had commenced refunding approx. $250,000 total to 200 customers, following concerns they had misled consumers in several advertisements for technology products.

The ACCC monitored JB Hi-Fi’s online product pricing between March and September 2025, and alleged that JB Hi-Fi promoted 17 products as discounted from a higher “was” price when the products were (a) never actually offered at that price or (b) only offered at that price a long time before the promotion. Notably, the ACCC alleges the misleading “was” prices were the result of system, and not human, error.

“Was/now” pricing has come under regulatory scrutiny recently, with the ACCC commencing court action against Coles and Woolworths for allegedly displaying misleading prices and promotions. We discuss the Federal Court decision in the Coles case in this August 2026 edition of FoodLegal Bulletin.

16.  ACCC commences proceedings against Dusk for non-compliant button battery products

On 22 July 2026, the ACCC commenced proceedings against Dusk Australasia Pty Ltd for allegedly supplying homewares containing button batteries that did not comply with relevant button battery and information standards. The items included candles, diffusers, tealights, snow globes and other LED products.

The ACCC is alleging four product lines failed to include required safety warnings, and 25 lines were not tested prior to supply.

The case is relevant inasmuch as it could apply more broadly to any product packaging (including any food products) that incorporate a button battery or other electronic elements.

17.  ACCC takes action against Amazon for unilateral service variations

On 30 June 2026 the ACCC commenced Australian Federal Court proceedings against Amazon Commercial Services Pty Ltd for allegedly including unfair contract terms in its Prime subscription contracts and later relying on these terms to introduce advertising to its streaming service, Amazon Prime Video.

The ACCC claims that after July 2024, subscribers to the Amazon Prime Video service who wanted to maintain ad-free streaming had to pay an additional $2.99 per month, even though they had already paid an upfront annual subscription fee of $79 for the service. The ACCC alleges that the terms in the subscription agreement that allowed Amazon to unilaterally vary the service that consumers had prepaid for were unfair in breach of the Australian Consumer Law.

18.  ACCC publishes product safety priorities

The ACCC has published its 2026-27 product safety priorities, which include a focus on:

-        Digital markets;

-        Young children (including button battery, infant sleep and toppling furniture mandatory standards);

-        E-micromobility safety; and

-        Updating mandatory standards.

According to the ACCC, large online marketplaces such as Temu, Gumtree, Amazon and eBay have committed to strengthening product safety measures on their platforms, beyond legal requirements, by committing to the Australian Product Safety Pledge.

19.  Excessive pricing prohibitions take effect for major supermarkets

From 1 July 2026, the Competition and Consumer (Industry Codes—Food and Grocery) Regulations 2024 were updated to prohibit “excessive pricing” by very large food and grocery retailers. Very large retailers (i.e. large supermarket chains) must not offer for supply products at prices significantly excessive relative to their supply cost plus a reasonable profit margin.

We commented on the implications of this prohibition in our February 2026 edition of FoodLegal Bulletin.

Department of Agriculture, Fisheries and Forestry (DAFF)

20.  DAFF announces African Swine Fever (ASF) outbreak in Finland

On 4 August 2026, DAFF announced that Finland notified the World Health Organisation (WHO) of an outbreak of African Swine Fever (ASF). As a result, DAFF considers Finland no longer free from ASF and has removed Finland from its:

• List of countries approved for pig meat;
• List of countries for natural casings derived from porcine animals; and
• List of countries approved for suid (porcine) fluids and tissues.

Goods affected include uncanned or unretorted pig meat and porcine casings from Finland, veterinary and therapeutic ingredients sourced from pigs, or laboratory porcine goods/tissues into Australia from Finland.

21.  DAFF updates import conditions for processed peanuts

On 5 August 2026, DAFF updated the biosecurity import conditions for processed peanuts for human consumption. Commercial documentation will be required declaring that the peanuts have been roasted, fried, boiled or blanched to achieve 100% devitalisation of the peanut kernels. Further, all roasted, fried, boiled and blanched whole peanut consignments will be inspected for compliance on arrival.

If suspected raw peanuts are found, the goods may be directed for germination testing or seed viability testing at the importer’s expense.

These changes became effective 11 August 2026.

22.  DAFF notifies industry of various updates

DAFF has notified industry that:

-        It has negotiated an updated endorsement for the export of milk and milk products for human consumption to Malaysia. This will be available in the NEXDOC system from 15 July 2026.

-        Exporters of infant formula products via cross border e-commerce platforms to China must present health certification to customs officials during border clearance. This applies to all shipments exported on or after 20 May 2026 and all bovine and non-bovine products of infant formula milk powder (including for older infants and young children). In accordance with Australia’s Export Control (Milk and Milk Products) Rules 2021, products must still be sourced from export-registered establishments and be accompanied by a valid export permit.

Other regulatory news:

23.  Environmental Protection Agency commences operation

On 1 July 2026, the Australian Federal Environmental Protection Agency (EPA) commenced operation. The EPA is responsible for issuing permits, assurance and licences, and will undertake and oversee activities in compliance and enforcement for emissions and environmental regulations (including the Recycling and Waste Reduction Act 2020). The EPA is Australia’s first Federal environment regulator (Australian States have their own EPAs).

24.  NSW updates recycling rules

On 1 July 2026, the NSW Environment Protection Agency (EPA) announced that large supermarkets and catering businesses that prepare or provide food must separate food waste from general waste. Large supermarkets must also track food donation volumes.

The changes are aimed at significantly reducing food waste by 2030.

25.  TGA updates permissible ingredients determination

On 11 June 2026 the Australian Therapeutic Goods Administration (TGA) updated the Therapeutic Goods (Permissible Ingredients) Determination (No. 2) 2026 Volumes 1, 2, 3, 4, 5 and 6, which lists ingredients that are permitted for use in certain medicinal products. These updated instruments include:

·        Addition of oxaceprol and Lactococcus lactis subsp. lactis. As new ingredients for use in listed medicines;

·        Minor amendments to listing for theanine (to reflect expiry of transition period for requirements relating to this ingredient); and

·        Correction of minor typographical errors relating to Xanthium sibiricum and Xanthium strumarium.

The determination also adopts specified international monographs in the Food Chemicals Codex in relation to Glycerol Ester of Partially Hydrogenated Gum Rosin; Glyceryl Rosinate; and Polyisobutylene.

26.  TGA proposes changes to Permissible Ingredients Determination

On 1 July 2026, the TGA opened submissions on the following proposed amendments to the Permissible Ingredients Determination:

1. Omission of the word mild from an indication referring to eczema.
2. Inconsistent/incorrect requirements for indications relating to the thyroid.
3. Lack of flexibility to use alternative label statements for an indication including the term antipyretic.
4. Missing label statement requirement for an indication referring to neural tube defects.
5. Missing label statement requirement for an indication referring to inducing sleep.

Consultation closed on 12 August 2026.

27.  TGA finalises Poisons Standard amendments regarding lead

On 1 June 2026 the TGA amended the Therapeutic Goods (Poisons Standard—June 2026) Instrument 2026 (Poisons Standard) to amend an entry in Schedule 10 regarding lead compounds in anti-fouling paints.

28.  TGA proposes amendments to Therapeutic Goods Advertising Code

On 9 July 2026, the TGA proposed changes to the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021. The TGA is proposing a range of changes to improve clarity, reflect current advertising practices and support safe use of therapeutic goods.

Submissions close 3 September 2026.

29.  TGA to focus on peptide product compliance

On 10 June 2026, the Therapeutic Goods Administration (TGA) announced it will expand its compliance and enforcement priorities for 2026-27 to include unapproved peptide products. According to the TGA, this follows increased detection of the unlawful import, supply and advertising of peptide products. The TGA will also focus on other aspects including (but not limited to):

-        Listed medicine advertising;

-        Medicinal cannabis;

-        Melatonin;

-        Peptides;

-        Substandard and falsified therapeutic goods;

-        Sunscreens;

-        Therapeutic goods used in cosmetic procedures;

-        Vaping goods.

30.  AICIS completes evaluation statements

On 26 June 2026, the Australian Industrial Chemicals Introduction Scheme (AICIS) published evaluation statements on risks associated with use of the following chemicals on the AICIS inventory:

-        Phenol, 4,4'-thiobis[2-(1,1-dimethylethyl)-5-methyl-;

-        Retinal (Retinaldehyde);

-        Retinol and retinol esters;

-        Ethanone, 1-phenyl- (Acetophenone);

-        2-Pyrrolidinone;

-        Alkyl and alkenyl betaines and amido betaines;

-        Alcohol ethoxysulfates;

-        Methylene-bridged bisphenols;

-        Methanone, [1,1'-biphenyl]-4-ylphenyl- (4-Phenylbenzophenone);

-        2-Propenoic acid, 2-cyano-3,3-diphenyl-, 2-ethylhexyl ester (Octocrylene).

AICIS consulted on these chemicals between 1 April 2026 and 28 May 2026. Each chemical carries a public consultation outcome and evaluation outcome which may be found here. AICIS has also varied the inventory listing of the following chemicals:

-        2-Pyrrolidinone (CAS no. 616-45-5). This will become effective 2 August 2026.

-        Methanone,[1,1'-biphenyl]-4-ylphenyl- (CAS no. 2128-93-0). This will become effective 4 August 2026.

31.  APVMA to re-consider chlorpyrifos-methyl

On 9 June 2026, the Australian Pesticides and Veterinary Medicines Authority (APVMA) announced it is re-considering use of chlorpyrifos-methyl, primarily due to safety concerns. Submissions are open to 8 September 2026.

32.  APVMA proposes new agricultural active constituents

On 28 July 2026, the APVMA opened submissions on proposed variations to the Agricultural and Veterinary Chemicals Code (Agricultural Active Constituents) Standards 2022. The APVMA is proposing to insert 12 new active constituents, remove 2 existing standards and make minor amendments to 38 existing standards.

Submissions close 25 August 2026.

New Zealand:

33.  NZ MPI proposed changes to organic regulations

On 11 August 2026, the New Zealand Ministry of Primary Industries (NZ MPI) opened submissions on proposed changes to New Zealand’s Organic Standards Regulations.

Consultation closes 22 September 2026 and the changes are proposed to come into effect on 31 March 2028. The NZ MPI is seeking input on:

-        Whether the annual organic turnover threshold should remain the same, increase with inflation, or increase to $30,000;

-        Infringement notice and fee provisions;

-        Minor and technical amendments; and

-        Introduction of a national organic mark.

34.  Business penalised for the posting of misleading customer reviews

On 11 August 2026, the NZ District Court ordered Brand Developers Ltd (trading as ‘The TV Shop’) to pay NZ $1.1 million in penalties for posting misleading product reviews. According to the District Court, company staff posted positive reviews online without disclosing their affiliation with the business.

Some staff posted reviews despite not using the products in question. In December 2025, the District Court also found representations by the TV Shop about “free” or “bonus” products were misleading.

35.  NZ MPI proposes amendments to Animal Products Notice: official Assurance Requirements

The NZ MPI has proposed changes to the Animal Products Notice: Official Assurance Requirements. These specify requirements for issuing and obtaining assurances for animal products. Proposed changes include:

-        updates to terminology and definitions

-        amendments to clarify transfer document processes

-        amendments to increase flexibility with import certificates

-        transitional provisions for transition to MPI Trade Certification.

Submissions closed 9 July 2026.

36.  NZ ASA updates Therapeutic and Health Advertising Code

The New Zealand Advertising Standards Authority (ASA) has updated its Therapeutic and Health Advertising Code, implementing the following changes:

-        Accounting for cross-platform coverage including social media and influencer marketing;

-        Introducing clearer legibility requirements on specific platforms;

-        Updated and clarified guidance on testimonials and endorsements (and aligning with the NZ Medicines Act);

-        Stronger protections for vulnerable audiences; and

-        Introducing a higher standard for claims and substantiation (e.g. how scientific language and data can be used).

The updates came into effect 1 July 2026.

United States:

37.  FDA proposes GRAS updates

The US Food and Drugs Administration (FDA) has proposed a new rule which requires companies to supply further information on new ingredients before they can be used in food, aiming to address a perceived ‘loophole’ in the system. The proposed rule would still not require pre-market regulator approval for new ingredients, however would require businesses to submit data for any ingredients self-affirmed as safe under the Generally Recognised as Safe (GRAS) system.

The proposed rule is available for comment for 120 days.

38.  US proposes standardised front-of-pack labelling and ingredient disclosures

US Senators Richard Blumenthal and Cory Booker have introduced the Food Safety Modernization Act into congress. The Act proposed to update serving sizes, make nutrition information requirements clearer, improve allergen disclosures and front of pack labelling requirements. This comes as US consumer advocacy groups call for more transparent food labelling which minimises confusion (e.g. use of terms like “ultra-processed”).

The reforms also propose to address increased purchase of groceries online, and comes at the same time as work is being conducted to update the Dietary Guidelines for Americans.

39.  US approves new sunscreen ingredient

On 9 June 2026, the US Food & Drug Administration (FDA) added bemotrizinol to its list of permitted sunscreen active ingredients. According to the FDA, this is the first new active ingredient added to over-the-counter sunscreen monograph since the 1990’s, and comes as part of a push in the US to promote innovation in the sunscreen industry.

In Australia, the TGA is working on improving sunscreen regulation. Its latest consultation closed for submissions on 23 May 2026.

Malaysia:

40.  Malaysia introduces new pesticide residue testing requirements

On 14 May 2026, the Malaysian Ministry of Health announced new import requirements for red chilli, mustard greens, tomato, round cabbage and cucumber. Consignments must now be accompanied by a Certificate of Analysis (CoA) for pesticide residues which meet prescribed requirements.

The changes became effective 1 June 2026.

Indonesia:

41.  Indonesia updates halal laws

Indonesian Halal laws will become effective for agri-food and beverage products on 18 October 2026. From this date, new halal certification requirements will apply for goods exported to Indonesia, impacting both transportation and mandatory labelling requirements (e.g. declaring a halal registration number).

The Australian Government has signed an agreement with Indonesia’s Halal Product Assurance Organising Body in July 2026, which recognises Australia’s existing halal systems for Indonesian purposes.

Under Indonesian law, many product types require mandatory halal certification, including some fish and milk products, as well as some medicines and medical devices.

This is general information rather than legal advice and is current as of 17 Aug 2026. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.