14 August 2020
What you need to know
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In response to a policy paper published in 2019 that found information about sugars on food labels is limited or unclear, Food Standards Australia New Zealand (FSANZ) has been asked to review nutrition labelling requirements for added sugars.
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FSANZ is currently undertaking a review in order to determine whether the current nutrition labelling requirements for added sugars under the Australia New Zealand Food Standards Code are sufficient.
What you need to do
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Monitor FSANZ's review of the food labelling requirements for sugars set out under the Australian Food Code and be aware that changes may ultimately be made to the labelling requirements for sugars.
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Consider if you would like to make a submission in relation to any proposed changes in the event FSANZ proposes changes to the Australia New Zealand Food Standards Code and invites public opinion in relation to the same.
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Continue to comply with nutrition labelling requirements set out in the Australia New Zealand Food Standards Code, such as the labelling requirements for sugars.
Current requirement to list sugars in the nutrition information panel on food labels
The Australia New Zealand Food Standards Code (Code) requires the total amount of sugars in a product to be listed in the nutrition information panel on food labels.
The total amount of sugar to be listed includes sugar naturally present in the food as well as any sugars added as an ingredient.
The Code also sets out certain requirements that must be met when making claims in relation to the amount of sugar present in a food product. For example, a claim of "low sugar" can only be made when the ratio of sugar to total amount of weight or liquid of the food product is below a certain amount.
Review of added sugar labelling
As we reported in September 2018 here, the Australia and New Zealand Ministerial Forum on Food Regulation concluded in 2018 that food labelling requirements were inadequate to enable consumers to make informed decisions in relation to sugar.
As we also previously reported in November 2019 here, in August 2019, in response to a policy paper that found information about sugars on food labels is limited or unclear, Food Standards Australia and New Zealand (FSANZ) was asked to review the nutrition labelling requirements for added sugars.
FSANZ has recently made an announcement that they have commenced work on a review to consider whether and how the Code should be amended.
FSANZ has also outlined that the review will include an assessment of, among other things, added sugars labelling options.
The current status of FSANZ's review process
FSANZ is currently in the process of undertaking its review in order to determine whether, and if so how, the Code should be amended in order to assist consumers with making informed decisions with respect to the amount of added sugars they are consuming.
Public consultation
If FSANZ's review finds that there is a need to change the Code, a proposal will be prepared and added to FSANZ's work plan.
The FSANZ work plan is an ongoing list of applications or proposals that FSANZ is, or will be, working on.
It is at this stage that public consultation will be undertaken in relation to the proposed changes.
However, FSANZ also notes that key stakeholders are currently being consulted as a part of its initial review process.
Next steps
Interested parties should monitor FSANZ's review process, and keep an eye out for any announcements confirming that FSNAZ is proposing to amend the Code in order to change the food labelling requirements in relation to added sugars.
Interested parties may also want to consider contacting FSANZ now and offering to provide feedback during FSANZ's initial review process.
We will monitor FSANZ's review and provide any additional updates within future publications.
For further information, please contact:
Lisa Ritson, Partner, Ashurst
Lisa.ritson@ashurst.com
