Food Allergy Laws Australia

Until recently, however, the Code did not prescribe how these allergen declarations were to be made or what terminology was to be used in the declaration. The lack of clear rules has led to inconsistencies and ambiguities in the description and declaration of allergens on food labels, creating uncertainty for food businesses and making it difficult for food allergy consumers and caregivers to easily find and understand allergen claims, and even more so for buyers who are not native English speakers. In response, FSANZ noted that while it has tried to adapt to relevant foreign allergen labelling regulations, there is generally no consistency in the International Allergen Labelling Regulations. In making its recommendations in the proposal, FSANZ was convinced by consumer evidence showing that consumers with food allergies prefer a summary statement in addition to the ingredient claim, as this reduces research times for allergen identification. There are deadlines for filing a personal injury complaint, so it`s important to seek legal advice as soon as possible. The circumstances and laws surrounding food preparation and allergies are not always straightforward and these cases can be complex. Taylor & Scott`s experienced claims lawyers can provide you with sound legal advice and guide you through the claims process. ACEC is a consistent advocate for a food regulatory system that facilitates the provision of accurate information on the nutrient content of foods. This allows consumers to make more informed choices about the products they choose for themselves and their families based on ingredients, nutrition, quality, comfort and value for money. Certain foods and ingredients can cause allergic reactions such as anaphylaxis, immune reactions such as celiac disease, and other adverse health reactions such as asthma. In February 2021, new simple English allergen labelling requirements were introduced for the declaration of certain foods known to be common allergens. These changes mean that information on food allergens is clearer and easier to find on food labels. An allergic reaction falls into the broader category of bodily injury.

A person who suffers from an allergic reaction may have the right to bring a personal injury claim against the food manufacturer or service company. The plaintiff must prove that the company`s actions or negligence caused their allergic reaction that caused physical or psychological harm. The responsibilities set out in the Food Standards Code will be helpful in demonstrating this. Although an allergic reaction can be treated, there is no known cure for food allergies, which means prevention is essential. People with food allergies rely on food labels, and when they eat out, they trust those who prepare their food. With the very real possibility of a deadly reaction, it has never been more important for the food industry to be aware of the ingredients in its products and the foods it serves. If they do not comply with this obligation, they put lives at risk and can be held accountable. Australian food manufacturers take their responsibility for allergen labelling very seriously. ACEC has worked closely with organisations such as Allergy & Anaphylaxis Australia and Coeliac Australia to provide meaningful information to help consumers meet their specific nutritional needs. A food allergy occurs when a person`s immune system reacts to allergens in food. Most food allergies are caused by peanuts, tree nuts, milk, eggs, sesame seeds, fish and shellfish, soy, lupine and wheat. These must be declared on the food label if they are present in foods as ingredients (or as components of food additives or processing aids), regardless of the small amounts present.

Global food companies need to be aware of inconsistencies in allergen labelling in different countries and may consider different packaging or overlabelling of products sold in Australia and other countries (particularly the European Union). The Australian and New Zealand Code of Food Standards (the Code) requires a date indication to be affixed to packaged foods with a shelf life of less than two years. The purpose of date indication is to ensure consumer safety, to provide retailers with guidance on how to remove inventory from sale, and to provide consumers with advice on the freshness and quality of food. These requirements apply to both locally manufactured and imported products. These regulations were developed by ACEC in consultation with food manufacturers and distributors to assist the food industry in deciding whether packaged foods should be labelled with an expiry or expiry date. Click here to download the guide. If the food is not in the package or does not require a label, the information must be displayed with the food or may be requested from the supplier. For example, by asking about allergens in foods prepared and sold at a snack bar. Standard 1.2.3 of the Food Standards Code requires that certain foods and ingredients that may cause severe allergies or other side effects be indicated on food labels.

These foods include: peanuts, tree nuts, sesame seeds, milk, eggs, fish, shellfish, soybeans, lupins, wheat, gluten-containing cereals and sulphites. ** Sulphites must be declared if added in amounts of at least 10 milligrams per kilogram of food. The food industry and consumer groups (e.g., the Australian Food and Grocery Council or Coeliac Australia) provide guidance on the use of “may contain” types of claims and the management of cross-contamination with allergens.