Food ministers agree to modernise food regulation

At the Food Ministers’ Meeting (FMM) held on Friday, 25 November 2022 in Melbourne, the Australian and New Zealand ministers responsible for food remained committed to the three priorities of the Food Regulation System (the System):

1. Reducing foodborne illness, particularly related to Campylobacter and Salmonella.
2. Supporting the public health objectives to reduce chronic disease related to overweight and obesity.
3. Maintaining a strong, robust and agile Food Regulation System through an ambitious reform agenda, to be progressed in conjunction with the review of the Food Standards Australia New Zealand Act 1991 (FSANZ Act).

While Australia and New Zealand’s food regulatory system has largely stood the test of time, all the ministers at the FMM agreed to modernising the System by endorsing the Aspirations for Australia and New Zealand’s food regulatory system, which were drafted back in 2021. The complete modernisation package agreed to at the meeting, including an updated Food Regulation Agreement, is anticipated to be provided to food ministers for decision in early 2023.

Regulatory settings for food produced by new technology

In 2019, the ministers asked the Food Regulation Standing Committee (FRSC) to consider regulatory and labelling issues relating to ‘synthetic foods’ with a view to developing a policy guideline to adequately differentiate ‘synthetic’ animal products from their natural or conventional equivalents.

At this meeting, the FMM:

• affirmed FSANZ’s view that foods produced by cell culture and precision fermentation will be captured within existing standards in the Australia New Zealand Food Standards Code (the Code) and require pre-market approval under Standard 1.5.1 Novel foods and Standard 1.5.2 Foods produced using gene technology;
•  affirmed that food produced by cell culture or precision fermentation is subject to the existing labelling requirements in the Code and Australian Consumer Law;
• agreed that the term ‘synthetic foods’ is now too broad to usefully describe this area of food innovation, and therefore should now be referred to in more precise descriptive terms such as cell culture, precision fermentation or descriptors appropriate to other new technologies that may emerge;
• accepted advice from FRSC that at this time, ministerial policy guidelines are not required as the food regulation system in Australia and New Zealand is equipped to deal with new types of food, including foods produced by new technologies.

Food ministers will continue to monitor the need for additional standards based on the number and nature of the applications received.

Food businesses should contact FSANZ to discuss their regulatory obligations and for pre-application assistance.

Businesses are required to apply for pre-market approval in order to sell their product in Australia and New Zealand.

Entities who are seeking or will be seeking regulatory approval from FSANZ should also consider compliance with other Australian and New Zealand regulatory frameworks, including but not limited to consumer law, biosecurity requirements, the Imported Food Inspection Scheme, gene technology frameworks and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Menu labelling

In order to achieve nationally consistent menu labelling, food regulatory measures are being developed to ensure the energy information for standard food items is provided on menus and at the point of sale in standard food outlets. The Regulatory Impact Statement was approved at the FMM, and the Ministers also requested FSANZ raise a proposal to develop a food regulatory measure for menu labelling in the Code. The FRSC will now develop consumer education to support the implementation of menu labelling and undertake an evaluation of menu labelling across Australia and New Zealand.

The next FMM meeting will be held in the first half of 2023.

Image credit: iStock.com/AlexRaths