9th Annual National Food Law Forum 2021
Get straight on health claims vs therapeutic claims, plain English allergen labelling deadline reforms (PEAL) and dealing with precautionary labelling. Hear from the Australian Department of Health on proposed regulatory developments to the FSANZ Act, from FSANZ on other key code developments and the NSW Food Authority on recalls. Learn about the New Advertising Rules for food and beverages, an industry update on Food IP, marketing and ACCC claims in relation to packaging and labelling. 2111N33
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Food Industry Regulatory Reforms and Compliance
Chair: Kim Tonnet, Program Lead, Scientific & Regulatory Affairs (SRA), Mars Australia
9.00am to 9.55am What Foods Fall in and Out of the Regulatory Framework?
- Essential elements of the food versus therapeutic goods frameworks
- Issues that affect regulatory classification:
- Ingredients
- Packaging and labelling
- Representations in advertising
- Foods most likely to cross the line
- Foods for special medical purposes
- Formulated supplementary sports foods
- Formulated caffeinated beverages
- Foods that make ‘health claims’
Presented by Dr Teresa Nicoletti,Partner, Mills Oakley; Leading Lawyer (Band 1), Life Sciences, Chambers Asia-Pacific; Best Lawyers 2022 Life Sciences Practice, Biotechnology Law and Health & Aged Care Law
9.55am to 10.45am Allergen Labelling Reforms Deadline and Applying Thresholds to Precautionary Allergen Labelling (PAL)
- Plain English Allergen Labelling (PEAL): 2024 deadline reforms
- Milestones for transition to PEAL and commonly asked questions about PEAL
- How to meet the requirements on time
- PEAL impact on PAL
- Best practice industry guidance
- VITAL, PAL and Allergen Free Claims
- PAL thresholds and consumption data
- Allergen free claims: validating allergen free claims
Presented by Kirsten Grinter, President, Allergen Bureau and Scientific Affairs & Nutrition Manager Oceania | Technical & Production, Nestlé
10.45 to 11.00am Morning Tea
11.00am to 11.40am FSANZ Act Developments: Important Regulatory Developments
Gain an in-depth update on the regulatory developments to Food Standards Australia New Zealand Act 1991 reforms.
Presented by Gillian Duffy, Assistant Director, Food and Policy, Australian Department of Health
11.40am to 12.25pm Food Standards Australia and NZ (FSANZ): Proposed Code Developments
- Added sugar labelling
- Expansion of Schedule 4 in Code regarding health claims
- Energy labelling and content claims on alcohol
- Other proposed reforms
Presented by Glen Neal, General Manager, Risk Management and Intelligence, FSANZ
12.25pm to 1.15pm Recalls: Meeting Regulatory Obligations
- Deciding whether to proceed with a recall: Model Food Provision obligations
- Types of food recalls
- Engaging with the Regulator when considering a recall
- Evidence used to address the risk
- The ACCC requirements re food recalls
- Recent trends
Presented by Alan Edwards, Snr Food Incident Response & Complaints Co-ordinator Compliance and Integrity Systems, NSW Department of Primary Industries | Biosecurity & Food Safety
Session 2
Food Advertising, Product Packaging and Labelling
Chair: Peter Sutherland, Head Regulatory and Industry Affairs, Australia & New Zealand DANONE OCEANIA
2.00pm to 2.45pm ‘New’ Advertising Rules for Food and Beverages and Code of Ethics
- New advertising rules for Food and Beverages as from 1 November 2021: How will it impact what you will do?
- Code of Ethics: recent decisions
Presented by Megan McEwin, Director of Policy & Regulatory Affairs, Australian Association of National Advertisers (AANA)
2.45pm to 3.30pm Intellectual Property and Marketing Issues in Food Law: Update
- Brand protection and watch outs including brand jamming
- Other IP issues: practical guidance and review of recent cases
- Confidential Information
- Advertising risk issues: including celebrity influencers/testimonials
Presented by Alison Jones, Special Counsel, Corrs Chambers Westgarth
3.30pm to 4.15pm Food Marketing: Getting it Right and Minimising ACCC Risk
- Primer and refresher on relevant principles
- Successful product marketing and minimizing ACCC risk: claims including
- Country of origin claims
- Healthy, natural
- Organic
- Green marketing including biodegradable, recyclable and other sustainability claims
- COVID-19 prevention claims
- Overview of recent cases
- Bird eye’s view of future risk areas
Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Leading Lawyer (Band 1), Life Sciences, Chambers Asia-Pacific; Best Lawyers 2019 Biotechnology Law, Intellectual Property Law, Life Sciences Practice, Litigation; Leading Contentious Intellectual Property Lawyer, Doyle’s Guide 2021
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.15pm PRACTICAL PANEL DISCUSSION: Sustainability: An Industry Responsibility and Current Approach
- Food and beverage packaging
- Sustainable food production: waste recycling and reuse
- Exploring a sustainable food supply chain
- Dealing with consumer expectations
Facilitator:
Peter Sutherland, Head Regulatory and Industry Affairs, Australia & New Zealand DANONE OCEANIA
Panelists:
Barry Cosier, Director, Sustainability, Australian Food & Grocery Council
Rick Davy, Quality and Sustainability Manager ANZ, Jacobs Douwe Egberts
Brooke Donnelly, CEO, Australian Packaging Covenant Organisation
Ralph Moyle FAIP, CPP, Education Coordinator, Australian Institute of Packaging (AIP
Brooke Sprott, Head of Sustainable Business, Regulatory and Corporate Affairs, Unilever Australia
Kim Tonnet, Program Lead, Scientific & Regulatory Affairs (SRA), Mars Australia
Presenters
Dr Teresa Nicoletti
Dr Teresa Nicoletti is a Partner in Mills Oakley's Intellectual Property team, based in Sydney. Teresa is both a lawyer and scientist with more than 20 years' experience in the pharmaceutical, biotechnology and medical device industries in Australia and New Zealand. She has also worked across a number of other product-related industries, including foods, cosmetics, veterinary pharmaceuticals, agrochemicals and industrial chemicals. Teresa is an experienced negotiator and regularly liaises with regulatory authorities and government administrators on behalf of her clients, including the Therapeutic Goods Administration, the Pharmaceutical Benefits Branch, the National Industrial Chemicals Notification and Assessment Scheme, the Australian Pesticides and Veterinary Medicines Authority and state food and health authorities. Teresa is actively involved in industry, and is regularly invited to speak at industry conferences and deliver seminars and workshops.
Kirsten Grinter
Kirsten has worked in several different capacities across her career, R&D, Manufacturing, Research, Regulatory and Nutrition. Her current role is Regulatory, Scientific Affairs & Nutrition Manager for Nestlé Oceania. Kirsten has been involved with the Allergen Bureau at its inception in 2005 and is passionate about delivering industry allergen management initiatives. Kirsten is a Director of the Allergen Bureau and is driving international acceptance of the VITAL risk based program, through the work of the VITAL Scientific Expert Panel. Kirsten considers that working collaboratively with industry stakeholders, consumer groups and Government to be key for the industry to remain competitive and successful globally.
Gillian Duffy
Gillian Duffy is acting Director of the Food and Nutrition Policy team at the Australian Government Department of Health. She has qualifications in nutrition science and public health nutrition. She previously worked at Food Standards Australia New Zealand in the public health nutrition team, nutrition risk assessment, food surveillance and food data areas. Prior to joining FSANZ Gillian worked as a lecturer in nutrition at the University of Canberra.
Glen Neal
Glen is responsible for the risk management and intelligence functions associated with developing food standards. This includes labelling, contaminants, composition, additives and foods requiring preapproval such as novel foods, public health nutrition standards, and the economics and social science inputs to standards development. Glen’s background is in public health; he has held a range of leadership positions within New Zealand’s central government food and biosecurity authorities, such as Ministry for Primary Industries, and project managed the establishment of the New Zealand Food Safety Authority (NZSFA). Glen is the senior FSANZ representative in New Zealand and is responsible for managing its relationships with consumers, industry, government (MPI in particular) and other stakeholders in New Zealand. Glen thinks that the mega trends of increasing integration of global food supplies, emerging risks, increased attention on foods role in public health and tightening public sector budgets are strong forces that drive the need for increased collaboration, agility and creativity.
Alan Edwards
Alan Edwards is the Senior Food Incident Response and Complaints Co-ordinator within the Biosecurity & Food Safety branch of the NSW Department of Primary Industries. He is one of two food incident contact officers and coordinators for NSW under the National Food Incident Response Protocol and one of the food recall action officers for NSW under the National Food Recall Strategy. Alan coordinates a team that responds to food hazards, including outbreaks of foodborne disease, to ensure they are managed effectively to prevent harm to consumers and limit damage to the food industry. Alan has over 20 years’ experience as an investigator and lawyer.
Megan McEwin
As the Director of Policy & Regulatory Affairs at the Australian Association of National Advertisers (AANA), Megan works with the major food and beverage brands in Australia to develop advertising codes that ensure food and beverage advertising continues to meet community requirements and expectations. With over 20 years’ experience in the regulatory and self-regulatory sectors, Megan started her career with the ACCC before moving to the industry self-regulatory sector with AMP, Optus and later INMS, the telecommunications self-regulatory number allocation and porting system. Megan holds a Bachelor of Law.
Alison Jones
Alison Jones is a Special Counsel in the intellectual property practice of Corrs Chambers Westgarth, Australia’s leading independent law firm. Alison specialises in intellectual property and consumer protection law, and advises clients across all business sectors on a range of IP, regulatory and related areas including IP strategy, advising on commercial arrangements of various kinds and contract drafting, advertising and marketing, competition and consumer law issues, IP enforcement, and commercial regulatory (including food law, cosmetics, life sciences and therapeutic goods regulation, product liability risk and recall, privacy and data protection). Alison's experience in this area also includes secondments at leading companies in IP-driven sectors, including fast moving consumer goods and life sciences.
Odette Gourley
Odette is one of Australia’s foremost intellectual property and regulatory lawyers with special knowledge and experience in the pharmaceutical and life sciences industries. Odette is an expert across the full range of IP including patents, trade marks, copyright, registered designs and trade secrets. In regulatory and advertising and marketing law her expertise include the Competition and Consumer Act, regulation for TGA, PBS, NHA, APVMA, AICIS, FSANZ, Gene Technology, Biosecurity, cosmetics, FOI including industry ethical and advertising codes for a wide range of products. Odette has acted in notable cases that have changed the law. In patents, Odette acted for AstraZeneca (Hassle) in successfully defending the validity of a drug formulation patent and that case is now a leading authority on the standard for obviousness under Australian law. In administrative law, the decision in the Roche case on scheduling of over the counter medicines resulted in revision of the statutory provisions. In trademarks, Odette acted for Gallo in the High Court, now the leading authority on the nature of trade mark use, and for Winnebago in the Federal Court recovering the brand for the American owner after 30 years of unauthorised use. The Winnebago case established the principle of user pays damages for IP infringement under Australian law which are recoverable even where damages on a lost sales basis are not available nor an account of profits. In the Johnson & Johnson v Unilever case in the Federal Court, Odette successfully defended the methodology adopted for consumer in use testing to support comparative advertising claims. With her deep experience in all aspects of IP, regulatory and advertising and marketing law, Odette is able to provide illuminating insights in relation to recent developments and future trends.
Brooke Donnelly
Brooke Donnelly has spent her career working in product stewardship, collective impact, recycling and sustainability. In her current role as CEO of the Australian Packaging Covenant Organisation (APCO), Brooke leads APCO’s strategic direction to ensure effective collaboration between industry, government and consumers to drive significant positive environmental and circular economic activities for Australian communities. APCO is tasked with the development of a circular economy for packaging in Australia. This includes facilitating the delivery of Australia’s 2025 National Packaging Targets and the ANZPAC Plastics Pact by driving change in the packaging value chain to reduce and redesign packaging for recyclability or reuse, achieve higher collection rates and improve the quality of recycled material streams and demand for recycled content. Brooke has a Masters in Sustainable Business Management, is an alumni of the Cranlana Centre for Ethical Leadership, the Australian Institute of Company Directors and is also the co-founder of the Product Stewardship Alliance, a voluntary group working to accelerate Australia’s journey to a circular economy through product stewardship.
Ralph Moyle
Ralph Moyle FAIP, CPP, is an experienced food-packaging consultant with 40 years in the food processing industry and 25 years focused on packaging. Through a unique range of senior management experiences in Packaging, Operations, Technical and Quality Assurance in large and medium FMCG businesses, Ralph has brought increased value to many organisations through the value of smarter packaging at less waste. Ralph’s packaging knowledge has resulted in successful contemporary designs and material selections, improved shelf life, lower material costs, shorter supply chains and environmentally friendly selections that have provided greater economic value. Ralph has been instrumental in training over 1500 people in the last 12 months in Sustainable Packaging, 2025 National Packaging Targets, Australasian Recycling Label and PREP.
Kim Tonnet
Kim is a Food Science graduate from UNSW with a Masters in Marketing from UWS. She has over 20 years’ experience working in the FMCG industry. Her past roles have included quality assurance, research and development and product marketing before becoming a regulatory specialist covering food, cosmetics, household cleaners, therapeutics and other grocery items. She is currently the Program Lead, Scientific & Regulatory Affairs (SRA) with Mars Australia.
Brooke Sprott
Brooke is a regulatory and nutrition and communications professional with 18 years’ experience working in FMCG. She overseas implementation of Unilever’s Compass goals in ANZ for Foods and Refreshment. The Compass is Unilever’s sustainability strategy to improve the health of the planet, improve people’s health, confidence and wellbeing and contribute to a fairer, more equitable and socially inclusive world. Brooke works internally with R&D and Supply Chain to design-out unnecessary waste in product packaging, reduce plastic use, minimise Unilever’s carbon footprint and reduce food waste. She works with external stakeholders to advocate for change and circularity in the food & grocery packaging system. A dietitian by training, her purpose is to “create a meal and enjoy the flavours together” –a reflection of her ability to work with different stakeholders, individuals and teams to develop creative solutions to challenging problems together (she also loves sharing great food and wine with friends and family).
Peter Sutherland
Peter’s career has spanned 40 years in the Food Regulatory area in both the government and industry sectors. Peter is currently the Head Regulatory & Industry Affairs Australia & New Zealand for Danone Nutricia. He is responsible for the management of regulatory compliance with relevant Food Standards Code, Import/Export legislation, TGA regulations and voluntary industry Codes of Practice for the Early Life Nutrition, Advanced Medical Nutrition and Dairy Divisions, with liaison management for regulatory affairs with the global Danone company. He is responsible for relationships and regulatory advocacy with food regulatory authorities and industry associations, both within ANZ and globally.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)