Australia's Novel Foods Regime: Pre-Market Safety Control or Regulatory Grey Zone?

Background

From novel proteins, bioactives, fibre isolates, botanical ingredients, and functional ingredients to precision fermentation ingredients, companies are increasingly asking the same question: Can this product be legally sold as food in Australia?

This webinar will explore the novel food regulatory regime in Australia and New Zealand, including the public health function of Standard 1.5.1 of the Australia New Zealand Food Standards Code (ANZFSC), the coordinating role of the Advisory Committee on Novel Foods (ACNF), the pre-market assessment role of Food Standards Australia New Zealand (FSANZ), and the complex boundaries that hinge on the operational definitions of "food," "novel food," and "nutritive substance."

We will unpack the important Nutricia® litigation, in which the Supreme Court of New South Wales exposed flaws in the ANZFSC framework, and how judicial concerns subsequently fed into ongoing food regulatory reform efforts. The session will also analyze the proposed reforms to nutritive substances and novel foods, highlighting that the novel food reform remains incomplete and what this means for industry in managing non-compliance risks.

Dr. Janine Curll, Regulatory Manager at Ashbury (Australia), will lead this session, designed for regulatory, technical, legal, and QA teams — to help them understand not only the legal rules in this area, but also why the system remains difficult to operationalize. She will provide practical guidance on how to operate amid uncertainty.

Attendees will gain insights into:

• When a food or ingredient may trigger a novel food assessment

• The significance of distinguishing food, novel food, and nutritive substance

• How the Nutricia® case exposed structural flaws in ANZFSC

• Why FSANZ's reform efforts have not fully resolved the issues and remain ongoing

• How to approach classification issues in practice and make risk-based decisions

Notes:
* If you would like your question to have a higher chance of being answered, feel free to email your question before the webinar.

What You Will Learn

Part 1 — Introduction and Regulatory Background

• Welcome and framework overview

• Regulatory challenges

• Core legislative framework

Part 2 — Overview of Regulatory Requirements

• What is a "novel food"?

• FSANZ assessment pathway

• Core regulatory concepts

• Compliance risks

Part 3 — Deep Dive: Nutricia® Litigation

• Case background

• Significance of the case

• Regulatory aftermath

Part 4 — Proposal P1024: Unfinished Reform

• Origins

• Proposed reforms

• Key issues and controversies

• Current status and implications

Part 5 — Practical Strategies and Regulatory Insights

• Risk-based approach to novel foods

• Practical regulatory risk indicators

• Best practices

• Key takeaways

Part 6 — Q&A Session

• Addressing participant questions

*The final outline may be subjected to subtle revision.

Schedule

Speakers

Janine Curll - Regulatory Manager

Ashbury

Dr. Janine Curll holds a PhD in law on Australia's food regulatory compliance framework, a Bachelor of Laws, and a Bachelor of Science in Microbiology. A former food regulator, she brings 20 years of experience providing exceptional regulatory, legal, and compliance advice to food product development in the fast-moving consumer goods (FMCG) sector. She previously served in an enforcement role at the NSW Food Authority, where she was the NSW Government representative on the Advisory Committee on Novel Foods (ACNF). She has unique practical insight into how Australia's novel food regulatory framework operates in practice. She specializes in identifying competitive marketing opportunities in labelling and advertising claims, is an expert in food fraud, has led domestic and international investigations, and has pioneered research in this emerging area.