Food & wine law – new regulations for nutrition

Food businesses that manufacture, produce or import into Australia should be aware of new regulations relating to health and nutrition claims on food labels and in advertisements. Under the new Standard 1.2.7 – Nutrition, Health and Related Claims, labels and advertisements that make nutrition content or health claims must be scientifically verified and meet specific criteria such as minimum nutrition contents, as set out in the Standard. Check back with Davis Advisory for updates and commentary as we follow the implementation of the new Standard and its impact on the food industry. Does this apply to my product?

Nutrition content claims such as ‘low in fat’ or ‘a good source of calcium’, will be required to meet specific nutrition contents criteria set out in the Standard. For example, ‘a good source of calcium’, may only be claimed if the food contains at least the minimum amount of calcium prescribed in the Standard.

Health claims refer to a relationship between food and health and have been categorised under Standard 1.2.7 as either general or high level health claims. Food businesses should review their packaging and advertisements to determine if they include health related claims. All such claims are required to be scientifically substantiated, and involve a detailed notification and approval process. The Standard also introduces a Nutrient Profile Scoring Criterion to ensure that food meets a certain overall nutrient profile score in order to make any health claim.

When does this Standard take effect?

Food businesses have until January 2016 to ensure compliance with the new Standard, including stock in trade. The Standard became effective on 18 January 2013.

Who can assist me?

FSANZ has acknowledged that the development of this Standard has been complex and involves many new elements for the industry. Check back with Davis Advisory for updates and commentary as we follow the implementation of the new Standard and its impact on the food industry.

The Davis Advisory Food & Wine Law team can assist your food business to:

•    Ensure that your labels and advertisements are not in breach of the new Standard;

•    Interpret your compliance obligations under the new Standard;

•    Undertake the notification and substantiation processes required to make a health claim;

•    Determine how your labelling and advertisements can satisfy foreign import  laws as well as the new Australian Standard.