Key takeaways
- The Australian Competition and Consumer Commission (the ACCC) has authorised the new national soft plastics recycling scheme. While voluntary, it will require participants to implement new traceability measures, pay levy contributions, and comply with scheme advertising and branding guidelines.
- Biosecurity regulation has been active following European outbreaks of Foot and Mouth Disease (FMD) and Lumpy Skin Disease (LSD). Meanwhile, the Federal Government has eased import restrictions for dairy products, and provided a look at its future regulatory priorities in a refreshed Biosecurity 2030 Roadmap.
- Food Standards Australia New Zealand (FSANZ) introduced some important updates to the Australian New Zealand Food Standards Code (the Code), with key changes regarding infant formula, alcoholic beverages and gene technology.
ACCC greenlights national Soft Plastics recycling scheme
The ACCC has granted interim authorisation to a new national soft plastics recycling scheme proposed by the Soft Plastics Stewardship Australia (SPSA). The scheme combines in-store drop-off points with new kerbside pilots. It places strong emphasis on increasing recycling rates through consumer education via local marketing, in-store campaigns, and clearer labelling (such as the Australasian Recycling Label). The scheme will be funded by a levy—initially $160 per tonne, or roughly a cent per grocery item—which will apply to the manufacturer or 'first' importer or supplier of packaged goods.
Participation in the scheme is voluntary. However, scheme participants will be bound by the terms of the Scheme Agreement, including:
- providing SPSA with an annual report on packaging placed on the market for the scheme participant’s group, which includes subsidiaries; and
- paying the relevant levy contributions when due, and complying with scheme advertising and branding guidelines.
SPSA will require its contracted recyclers to implement traceability measures to ensure transparency of material flows, from collection through to end-market destinations, with longer-term plans to mandate accreditation by third-party traceability providers.
The ACCC's interim authorisation has two key conditions.
- SPSA does not enter into any exclusive contracts with soft plastics processors, to reduce the risk of public detriment.
- It publishes an annual report on key outcomes under the scheme, to ensure transparency, and public awareness of the scheme's operations and performance.
Biosecurity update
Earlier this year, the Department of Agriculture, Fisheries and Forestry (DAFF) introduced additional, stricter biosecurity measures restricting the import of animal products into Australia, in response to FMD and LSD outbreaks in Europe. As at September 2025, those restrictions remain largely in place, save for import restrictions for Germany, which is now recognised as FMD-free.
Import restrictions have also been eased for dairy products, following DAFF's March 2025 risk review of dairy products intended for human consumption. As a result of its findings, DAFF is implementing a number of changes, including:
- Health certification will require the products to be sourced and manufactured from countries in the FMD-Free Country List.
- Butter will be subject to the same import considerations as other dairy products.
- Several new import conditions will apply for dairy products. These include pasteurisation requirements, and that dairy products are processed and manufactured at facilities with an approved quality assurance system.
- Some import conditions will be removed for dairy imports (eg that products are sourced from a country on the LSD-Free Country List).
These changes started coming into effect on a transitional basis from August 2025 and full implementation is expected by 1 September 2028.
DAFF's biosecurity risk management to date has consisted of targeted import restrictions, which seek to limit the impact on importers through limiting the application of the restrictions by country, time and product, and by implementing case-by-case assessment for en route shipments. DAFF has maintained, however, that it does not consider testing of products for disease to be an acceptable alternative to country-based import restrictions.
It also refreshed its Biosecurity 2030 Roadmap, which identifies nine strategic actions to support its goal of preserving Australia's biosecurity through a risk-based approach. The proposed work under these strategic actions includes:
- increasing efforts to work with importers and the logistics sector, to streamline clearance processes.
- improving product and transport tracing capabilities, through partnering with stakeholders including industry.
- expanding offshore assurance measures and increasing engagement on biosecurity with near neighbours.
- refreshing regulatory frameworks and policies.
- adopting and implementing surveillance and detection technologies.
- updating preparedness plans for priority exotic pests and diseases, and supporting industry in preparedness.
FSANZ Code update
The past 12 months have seen several changes to the Code, including the following key ones:
- Infant formula: on 13 September 2024, FSANZ introduced major changes to Standard 2.9.1 regulating infant formula products, which will be introduced over a five-year transition period. Key updates encompass revising product categories, including a new product category for 'Special Medical Purpose Products for infants' (SMPPi); accompanying restrictions on sale and standalone labelling and composition requirements; updating compositional requirements for formula; and tightening labelling provisions.
- Energy labelling on alcoholic beverages: on 13 August 2025, a requirement was introduced to mandate the display of energy content information on most alcoholic beverages. The energy statement must include:
- energy content per serving;
- energy content per 100 mL;
- number of servings per package;
- serving size; and
- number of standard drinks per serving.
- Carbohydrate and sugar claims on alcoholic beverages: on 13 August 2025, the Code was changed to clarify that alcoholic beverages can display nutrition content claims about carbohydrate and sugar content. However, claims cannot be made about individual sugars (eg fructose) or other components of carbohydrate.
- Definitions for gene technology and new breeding techniques: on 2 September 2025, the definitions for genetically modified food were changed. The previous process-based definition has been replaced with an outcome-based definition, to ensure that modern gene technologies are adequately addressed. The new definition is based on the introduction of 'novel DNA' in an organism or cells. This means that genetic changes that occur naturally or from conventional breeding, as well as new breeding techniques such as genome editing (which does not introduce novel DNA), will not be captured.
In the upcoming year, Food Standards Australia New Zealand (FSANZ) is expected to progress its:
- evaluation of existing maximum residue limits for agvet chemicals under the FSANZ Code; and
- review of Code provisions applying to young child formula (for one–three years), concerning composition and labelling.
Other projects, including the review of labelling for added sugars and review of the regulation of formulated supplementary foods—which commenced more than two years ago and have stalled—are not, at this stage, expected to progress significantly next year.
Ad Standards year in review
Artificiality is not always bad
Two complaints against advertisements targeting artificial ingredients were upheld by the Panel, for being misleading or deceptive by overemphasising the potential negative impacts of artificial ingredients.
In case 0072-25, an advertisement for beverages linking hydration drinks that contain 'artificial nasties' to 'fatigue and safety risks' was found by the Panel to breach s2.1 of the F&B Code, as it may make consumers believe that all artificial ingredients pose health risks.
Similarly, in case 0057-25, a complaint against a Bakers Delight TV commercial stating that 'some supermarket aisle loaves can be pumped full of preservatives, so it would seem its wellbeing is more important than yours', alongside the image below, was upheld. The Panel reasoned that the advertisement was misleading, as it represented preservatives as being harmful to consumer wellbeing—when, in fact, the role of preservatives in bread is to inhibit mould, a function that is for the wellbeing of consumers.
Source: Ad Standards Case Report
Environmental Claims Code
On 1 March 2025, updates to the AANA Environmental Claims Code to strengthen restrictions on making environmental claims in advertising came into force.
The new Code amends the definition of an 'Environmental Claim' to encompass several kinds of claims that would not have been captured by the previous version of the Code. The new definition covers:
any message or representation (including text, images, graphic, audio or symbolic representation) that gives the impression that an industry, business, product or service:
a. has a neutral or positive impact on the environment
b. is less harmful for the environment than alternatives, or
c. has specific environmental benefits.
The new Code includes the following rules about Environmental Claims in Advertising:
- Truthful and factual: they must be not be false, misleading or deceptive in their overall impression.
- Evidence: they must be supported by evidence and substantiated (although are not necessarily required to include the supporting evidence in the ad, unless it is required to make the claim true).
- Clear and not vague: they must use clear and specific language, which makes any limitations, conditions and qualifications clear to the target consumer. Vague claims, such as 'environmentally friendly', 'eco friendly', 'green' or 'sustainable', or claims that may apply to only part of a product, such as 'renewable' or 'plastic free', may be misleading unless appropriately qualified.
- Genuine benefit: they must be about a genuine benefit to the environment and must not overstate that benefit.
- Future claims: those that are about future environmental objectives must be based on reasonable grounds at the time the claim is made.
The Panel has considered and applied the new Code in a few decisions in other sectors this year, but we are yet to see a decision that materially impacts the food and beverage sector.