Food Labelling Law and Policy Review Submission

Dear Review Panel, Thank you for the opportunity to submit thoughts and opinions on the review of food labelling in Australia and New Zealand and how any changes to the present system will be managed. Having attended the public meeting in Sydney on the 29th March and read the Issues Consultation Paper (5th March), I am aware of many of the issues that have been raised. I propose to make comments on a number of issues and these will be reasonably brief.

Preamble For you to understand the approach that I have taken and how my views have been developed I will provide a sketch of my background in the food industry. As a food industry professional, consulting to producers and marketers of food in Australia and New Zealand this submission draws upon training and experience in the scientific and technical aspects of the processed food industry. I consult on various aspects of the production and sale of food, including product development, compliance with food regulations, food science and technology as it relates to processed food, product claims, imported food and the production of safe food. My background is training in food science (U.W.S.) and some 30 years experience in the food industry in the production and marketing of food flavours and colours, fruit juices, infant formulas, adult supplementary foods, food service and frozen beverage mixes. For the work I do I rely upon an evidence-based approach, where peer-reviewed published data is a vital part of the evidence. The evidence is required to be clear, science-based, compelling, comprehensive and representing a majority opinion. Where the evidence does not comply with all these requirements it needs to be regarded with some degree of scepticism. Evidence of an anecdotal nature or as a sole study with no follow-up or with confused or conflicting results or where there is no consensus of opinion would all be treated with caution. I note that Australia and New Zealand have high standards of safety in their food supplies and the supply of food to the consumer is efficient, safe and provides a high standard of nutrition. The review of food labelling law and policy is timely and allows for reflection on the present state of food labelling, its historical basis and future potential.

1. The functions of food labels From a food manufacturer’s perspective the label on a food package must convey the required information to inform the customer as to the contents of the package. Along with any promotional activities for this food, the label is the main vehicle for the manufacturer to have a dialogue with the customer. The label forms a reference point for the customer for however long the package remains with the customer. The label occupies a relatively small and finite space and therefore must contain only necessary information. The definition of ‘necessary’ in this context is determined mainly between the manufacturer and the customer. The definition of ‘customer’ in this context is arguably restricted to only an individual who will purchase the product. Over the years this relationship between manufacturer and customer has included government interventions in the form of laws and regulations to ensure that the rights of the customer and the manufacture are protected. Some of these laws and regulations are designated as food laws and regulations and some are under the control of other government instruments, such as the Australian Competition and Consumer Commission (ACCC). These laws and regulations have been designed to minimise the import on the manufacturer, to ensure costs are contained and the labels remain legible and relevant to the majority of the population. As it becomes clear that changes are required to further protect customers or manufacturers, these changes are evaluated for efficacy and implemented as required. This system has worked reasonably well up to this point in time. PERRIAM AND ASSOCIATES 8 April 2018 Page 1 of 3 PERRIAM AND ASSOCIATES Food Labelling Law and Policy Review Submission

2. The labelling of unpackaged foods Arguably some, if not most of the information required on labels of packaged food is also relevant to unpackaged food. The present requirement for food service operators and for other food ‘not for retail sale’ (Standard 1.2.1), whereby the information is made available upon request, should apply to all food sold in Australia, where there is no label required as such. This would apply to all food sold in Australia and New Zealand, including restaurants for instance. This may place a burden on some food suppliers; however the information should now be available for all ingredients used in Australia and with issues such as potential allergens, protecting the safe consumption of food is a key public health measure. So there continues to be no label required, however the information must be available upon request.

3. The information provided on a food label There is a perception by some consumers and various advocates that labels should provide a large range of information about a food. As previously stated, a label is relatively small and only has a finite space for information. The manufacturer must be able to use a large part of the label for communicating with the consumer. The remainder of the label space must be devoted to necessary information. The prime aspect of this information is protection of public health and safety, in the form of Supplier’s name and address and the Batch code (Standard 1.2.2), Storage requirements and Use By Date / Best Before Date (Standard 1.2.5), Nutrition Panel (Standard 1.2.8), Ingredient List (Standard 1.2.4) and Mandatory Warnings (Standard 1.2.3). With regard to claims made on a label, the truthfulness of these claims will be subject to assessment under Trade Practices law and it makes sense for Food Labelling law to avoid this area. Otherwise there will be an inevitable conflict of jurisdiction. There are already some areas where food labelling law applies to claims, however this should be minimised. Some of claims relate to agricultural practices (‘organic’, ‘barn laid’) and control must be exercised over the truthfulness of the claims. In any case these are arguably not areas of public health and safety as they relate to the purchase and consumption of the food.

4. Healthy Food Choices The information provided on food labels may be detailed and perhaps too complex for some consumers to utilise properly; however it is not the function of the label to educate the consumer; it simply provides the necessary information for the informed consumer to make a decision. The fact that consumers do not always make purchasing decisions based upon their own health requirements does not mean that the label on a food is faulty. Public health initiatives continue to urge consumers to choose lower fat foods, choose higher fibre foods, and avoid saturated fats and salt. All this basic information is already provided on food labels for consumers to make appropriate decisions should they choose to follow the public health recommendations.

5. Health Claims As previously stated, provided the available data supporting a claim complies with the previously stated requirements (science-based, clear, compelling, comprehensive and of a consensus), it must be regarded favourably. The final test for allowing a claim must include a test for what public benefits can be reasonably expected to follow from the use of the claim. Simply PERRIAM AND ASSOCIATES 8 April 2018 Page 2 of 3 PERRIAM AND ASSOCIATES Food Labelling Law and Policy Review Submission commercial benefit to the supplier of the food is not sufficient. If the claim is permitted, the theoretical benefits expected must also be then assessed over time to ensure that allowing the claim was of a demonstrable public benefit.

6. Alcoholic Beverages and Foods Alcohol is arguably a pharmaceutically active compound, with known side effects and with problems associated with addiction and serious health consequences. It is not suggested that products containing alcohol be regulated under the Therapeutics Goods Act, however any particular labelling requirements related to the health consequences of consumption are arguably not in the purview of food labelling. This is despite that fact that protection of public health and safety is the key platform for food labelling.

7. Means of production It is not the function of a food label to provide detailed information on the means of production of the food, as a mandated requirement. The food label describes the food in the package, as it should, however it is surely up to the producer to provide details on the means of production of the food, should he or she decide to do so. It is effectively a contract between the manufacturer and the individual consumer. Whatever claims are made in this area are then subject to the Trade Practices Act.

Conclusion It is timely to examine the purposes of food labelling and how the public health and safety of Australian and New Zealand consumers are protected through effective labelling. Any proposed changes must pass the test of being the broad public interest for health and safety and that the proposed changes are supported by well reasoned argument and convincing, scientifically-based evidence.

Anthony Perriam Perriam and Associates

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