Food labelling changes – compliance due by 25 February 2024
3 mins reading time
Food allergen labelling requirements will kick into full effect on 25 February 2024, following a three-year transitionary period.
From this date, food businesses will be required to adhere to additional strict labelling requirements set out in Standard 1.2.3 and Schedule 9 of the Australia New Zealand Food Standards Code (Code).
Background
In Victoria, the Food Act 1984 (Vic) requires businesses and manufacturers to comply with the Code.
Back on 25 February 2021, the Code was amended to include the changes contained in the Food Standards (Proposal P1044 – Plain English Allergen Labelling) Variation (Labelling Variation).
Prior to the Labelling Variation, the Code required mandatory declarations of the presence of substances in food which could cause allergic and other reactions. However, the changes now require certain foods and ingredients to be declared in accordance with new, easier to identify labelling.
What were the changes?
Following the amendments, the changes to the Code include:
1. Foods and ingredients required to be declared include (but are not limited to) crustacean, egg, fish, milk, soy and wheat. The full list of foods and ingredients required to be declared can be located here.
2. Declarations must be made in:
a) a statement of ingredients using bold font, in a font no smaller than that used for the other ingredients; and
b) a separate allergen summary statement in bold font, beginning with the word ‘contains’ located in the same filed of view and directly next to the statement of ingredients.
Source: https://www.wedderburn.com.au/promotions/plain-english-allergen-labelling-wedderburn-au/
3. Cereals containing wheat must declare ‘wheat’ in the statement of ingredients and summary statement.
4. Cereals containing barley, oats or rye and gluten must declare that they contain gluten. Cereals which contain barley, oats or rye, but not gluten, must declare barley, oats or rye.
5. Food products containing bee pollen, propolis, or royal jelly, must be labelled with a warning or advisory statement.
Importantly, food businesses were provided a three-year transitionary period to implement these changes (from February 2021 to February 2024). This transitionary period is set to expire on 25 February 2024 (Expiration Date).
Products not yet labelled
Importantly, however, food packaged within the transitionary period in accordance with the old labelling requirements can be sold until 25 February 2026, per the Labelling Variation.
As such, if a food business labels its food products in accordance with the old labelling requirements prior to the Expiration Date (25 February 2024), these products will be eligible for sale for a further 24 months.
Accordingly, if a food product has been labelled in accordance with the old requirements and has been delivered to stores, this product will be available for sale up to 25 February 2026 (subject to any use-by date listed on the product).
Potential Consequences and Recommended Action
It is important that businesses ensure their compliance with the Code and Food Act, particularly in light of the soon-to expire transitionary period.
Following the Expiration Date food business who do not label their food products in accordance with Standard 1.2.3 and Schedule 9 will be in breach of their obligations under the Code and Food Act and may face enforcement action. This enforcement action can be serious and may include recalls, closure orders, seizure of products, criminal prosecutions, high level fines, cost orders and convictions.
It is vital that prompt action is taken to ensure your business is ready for the change and is compliant.
If this raises any queries for you, Macpherson Kelley’s Litigation Team has a specialist Food Industry Group and are able to assist your business in achieving compliance.
Please do not hesitate to contact us.
The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.
more
insights
stay up to date with our news & insights
Food labelling changes – compliance due by 25 February 2024
Food allergen labelling requirements will kick into full effect on 25 February 2024, following a three-year transitionary period.
From this date, food businesses will be required to adhere to additional strict labelling requirements set out in Standard 1.2.3 and Schedule 9 of the Australia New Zealand Food Standards Code (Code).
Background
In Victoria, the Food Act 1984 (Vic) requires businesses and manufacturers to comply with the Code.
Back on 25 February 2021, the Code was amended to include the changes contained in the Food Standards (Proposal P1044 – Plain English Allergen Labelling) Variation (Labelling Variation).
Prior to the Labelling Variation, the Code required mandatory declarations of the presence of substances in food which could cause allergic and other reactions. However, the changes now require certain foods and ingredients to be declared in accordance with new, easier to identify labelling.
What were the changes?
Following the amendments, the changes to the Code include:
1. Foods and ingredients required to be declared include (but are not limited to) crustacean, egg, fish, milk, soy and wheat. The full list of foods and ingredients required to be declared can be located here.
2. Declarations must be made in:
a) a statement of ingredients using bold font, in a font no smaller than that used for the other ingredients; and
b) a separate allergen summary statement in bold font, beginning with the word ‘contains’ located in the same filed of view and directly next to the statement of ingredients.
Source: https://www.wedderburn.com.au/promotions/plain-english-allergen-labelling-wedderburn-au/
3. Cereals containing wheat must declare ‘wheat’ in the statement of ingredients and summary statement.
4. Cereals containing barley, oats or rye and gluten must declare that they contain gluten. Cereals which contain barley, oats or rye, but not gluten, must declare barley, oats or rye.
5. Food products containing bee pollen, propolis, or royal jelly, must be labelled with a warning or advisory statement.
Importantly, food businesses were provided a three-year transitionary period to implement these changes (from February 2021 to February 2024). This transitionary period is set to expire on 25 February 2024 (Expiration Date).
Products not yet labelled
Importantly, however, food packaged within the transitionary period in accordance with the old labelling requirements can be sold until 25 February 2026, per the Labelling Variation.
As such, if a food business labels its food products in accordance with the old labelling requirements prior to the Expiration Date (25 February 2024), these products will be eligible for sale for a further 24 months.
Accordingly, if a food product has been labelled in accordance with the old requirements and has been delivered to stores, this product will be available for sale up to 25 February 2026 (subject to any use-by date listed on the product).
Potential Consequences and Recommended Action
It is important that businesses ensure their compliance with the Code and Food Act, particularly in light of the soon-to expire transitionary period.
Following the Expiration Date food business who do not label their food products in accordance with Standard 1.2.3 and Schedule 9 will be in breach of their obligations under the Code and Food Act and may face enforcement action. This enforcement action can be serious and may include recalls, closure orders, seizure of products, criminal prosecutions, high level fines, cost orders and convictions.
It is vital that prompt action is taken to ensure your business is ready for the change and is compliant.
If this raises any queries for you, Macpherson Kelley’s Litigation Team has a specialist Food Industry Group and are able to assist your business in achieving compliance.
Please do not hesitate to contact us.