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Non-compliance with COAG’s best practice regulation requirements – Front-of-Pack Nutrition Labelling – Legislative and Governance Forum on Food Regulation

On 14 June 2013, the Legislative and Governance Forum on Food Regulation (‘the Forum’) announced the implementation of a front-of-pack labelling system for Australia. The decision involved a number of proposals in relation to front-of-pack labelling, including the introduction of a ‘Health Star Rating’ system to be applied to foods as well as requiring nutrient information icons on foods. The implementation option chosen was a voluntary system. If, following evaluation after two years, a voluntary implementation is found to be unsuccessful a mandatory approach will be introduced. The Council of Australian Governments’ (COAG) best practice regulation requirements apply to decisions by ministerial councils or other bodies where there is a reasonable expectation of widespread compliance. This includes the development of voluntary codes and other advisory instruments. Under the COAG requirements a Regulation Impact Statement (RIS) is prepared for the consultation stage, and for the decision stage.   As RISs were not prepared for consultation or the decision, the OBPR has assessed the proposal as being non-compliant with the COAG best practice regulation requirements.