Australia, New Zealand Examine Health Claims, Labeling (Health Claims Down Under)

Currently, many of the health claims are more nutrient-function claims and fall under the remit of the National Food Authority Guidelines for Food Labelling.² These nutrition claims can include statements such as, “protein helps build and repair muscle tissue.” However, the foods standards code regulates in conjunction with labeling law and, although nutrient content and some general health claims are permitted, claims relating to the treatment or therapy of disease are strictly forbidden. Enforcement of these regulations and proposal P293 are covered by:

Australian Quarantine and Inspection Service (AQIS): Enforces in relation to imported and exported products;

New Zealand Food Safety Authority (NZFSA): Deals with imported, exported and domestically produced food;

State, local, territorial government departments and authorities: At present this includes 670 councils in Australia and 73 in New Zealand. The primary authorities as of January 2008 include the NSW Food Authority, Safe Food Queensland, PrimeSafe (Victoria), Dairy Food Safety Victoria, Dairy Authority South Australia and Tasmanian Dairy Authority; and

Implementation Sub-Committee (ISC): The Food Regulation Standing Committee (FRSC), which co-ordinates policy to the Ministerial Council, has established its own enforcement arm. The ISC will develop and oversee a consistent approach across jurisdictions to implement and enforce food regulations and standards, regardless of whether food is sourced from domestic producers, export-registered establishments or from imports. ISC will develop, or assist in the development of, guidelines on consistent enforcement of food regulations and standards, which will also be aimed at minimizing cost to industry and meeting the objective of minimum effective regulation.

These agencies and bodies help enforce regulation across the Australian and New Zealand territories (Figure 2). Unfortunately, the current regulatory situation contains articulations of objectives or principles underlying food regulation, which leaves the door open for interpretation. The latest moves by FSANZ and the associated Ministerial Council responsible for considering standards developed by FSANZ are attempting to close this door, clarify the FSANZ act 1991 and develop a tighter regulatory structure, of which proposal P293 is an integral part.

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