Practice Area - Regulatory Law
Food Label & Packaging Law
At BlackBay Lawyers, we understand the complexity of food packaging and labeling laws in Australia. Our team of experienced professionals is ready to help you navigate through the legal requirements set by the Food Standards Australia New Zealand (FSANZ), the primary regulatory body that sets food labelling standards in the Food Standards Code. We ensure that your products adhere to the regulations and that all representations made about your products are truthful, so as not to mislead consumers
Food Label & Food Packaging Regulation
We provide comprehensive legal advice on general labeling and information requirements that are relevant to all foods, including those for retail sale, catering purposes, or intra-company transfer. Our team is well-versed in the specific labeling and information requirements that apply to certain food products only. We ensure your product labels comply with Chapters 1 and 2 of the Food Standards Code, as well as other relevant fair trading laws and food laws in Australia and New Zealand
General Labelling Requirements
The Food Standards Code sets the general labelling and information requirements that are relevant to all foods, as well as specific labelling and information requirements that apply to certain food products. These standards are enforced by the Australian states and territories, and in New Zealand, by the Ministry for Primary Industries. All representations made about food are subject to fair trading laws and food laws in Australia and New Zealand which prohibit false, misleading or deceptive representations.
Our services in this area are designed to provide comprehensive guidance on all aspects of the Food Standards Code, which includes general labelling and information requirements applicable to all foods, as well as specific requirements for certain food products. Whether your product is for retail sale, catering purposes, or intra-company transfers, we help ensure that your labels are fully compliant with the current laws. We provide advice on:
Ingredient Declaration: We guide you on how to list ingredients and additives on the product label to ensure transparency and compliance with the FSANZ.
Nutritional Information Panel (NIP): We assist you in appropriately displaying the nutritional content of your food product, including energy, protein, fat, carbohydrate and sodium values.
Allergen Labelling: We help you adhere to the mandatory allergen labelling requirements, ensuring clarity and safety for consumers who have food allergies or intolerances.
Legibility Requirements: We understand that food labels must be easy to read and understand. We offer guidance on the minimum type size for your labels and other legibility requirements.
Country of Origin Labelling (CoOL): We provide advice on correctly stating the country of origin of your product, a critical aspect for consumer information.
Date Marking: We guide you on how to correctly display the 'use by' or 'best before' dates on your product, in compliance with FSANZ regulations.
False, Misleading, or Deceptive Representations: We provide guidance on ensuring that all representations made about your food product are truthful and not misleading or deceptive, in line with fair trading laws and food laws in Australia and New Zealand.
Our aim is to help your business understand and navigate these labelling requirements, ensuring that your products meet all mandatory standards and that your consumers are well-informed
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Regulation We Advise On
Food Standards Australia New Zealand (FSANZ)
For food products, FSANZ sets out standards for what can and can't be included in food labels and advertisements. Our expertise covers these standards, ensuring our clients in the food industry maintain full compliance. We help our food industry clients navigate the complex FSANZ standards for food labels and advertisements. Our team reviews and advises on packaging, labeling, and advertising materials to ensure they meet FSANZ standards, thus mitigating the risk of non-compliance.
At BlackBay Lawyers, our purpose is to empower our clients to overcome their legal challenges with confidence that not only achieve positive results but also foster growth, innovation, and success
We do this by providing exceptional legal solutions that combine the expertise of the best legal talent with cutting-edge technology. Our team is comprised of specialists in Commercial, Regulatory, Employment, and Defamation Litigation.
We are dedicated to delivering the highest level of service in a holistic manner.
Food & Beverage Label Regulations FAQ
Food & Beverage Label Regulation FAQ
Q1: What is the Food Standards Code and how does it apply to my business?
The Food Standards Code is a legislative instrument set by Food Standards Australia New Zealand (FSANZ) which outlines the standards for food sold in Australia and New Zealand. This includes food labelling, composition and safety standards. Any business that sells food in these territories must comply with this code.
Q2: What are the specific labelling requirements for food products?
Food labels must include a variety of information including the food's ingredients, nutrition information, use by or best before date, and manufacturer details. There are also specific requirements for making health claims and allergen declarations. Non-compliance can result in penalties.
Q3: How should allergens be declared on food labels?
As of February 2021, allergen declarations need to be included in the ingredients list and in a separate allergen summary statement. Certain foods and ingredients must be declared using specific names, and these declarations must be made in bold font.
Q4: What are the regulations for making health claims on food labels?
Health claims on food labels must be based on substantiated food-health relationships and be supported by scientific evidence. There are different regulations for general level health claims and high-level health claims, and certain requirements must be met for foods making these claims.
Q5: What regulations apply to imported food?
Imported food must comply with the Imported Food Inspection Scheme and the Food Standards Code. This includes meeting standards for labelling, composition, and safety. Non-compliance can result in the food being held at the border or recalled.
Q6: How do I ensure my food packaging is compliant with Australian and New Zealand regulations?
To ensure compliance, you should consult the relevant sections of the Food Standards Code, seek advice from industry bodies, or engage a legal expert in food and beverage regulations. At BlackBay Lawyers, we provide comprehensive legal guidance to businesses in the food and beverage industry to ensure full regulatory compliance.
Q7: What happens if my food product doesn’t comply with the regulations?
Non-compliance with food regulations can result in a range of penalties, from fines to product recalls. It can also harm your brand's reputation. Therefore, it is crucial to ensure that your food products meet all relevant regulations and standards.
Remember that the information provided in this FAQ is for general guidance only. For advice tailored to your specific circumstances, please get in touch with our team at BlackBay Lawyers.