Skip to main content

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

On 13 December, the Legislative and Governance Forum on Food Regulation (‘the Forum’) announced a decision relating to the implementation of front-of-pack nutrition labelling scheme. The Forum had agreed to introduce the scheme earlier in 2013. The recent decision involved endorsing the ‘Health Star Rating’ algorithm that will be used to help develop the front-of-pack-labels, including the scheme’s treatment of dairy foods. 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. While the front-of-pack labelling scheme is nominally a voluntary scheme, it will be replaced by a mandatory one if it is found to be unsuccessful after two years. As such the Office of Best Practice Regulation (OBPR) has assessed that the COAG best practice regulation requirements apply in this case. Under the COAG requirements a Regulation Impact Statement (RIS) is prepared for consultation, and for decision. As RISs were not prepared for consultation or the decision on this matter, the OBPR has assessed the Forum’s 13 December 2013 decision as being non-compliant with the COAG best practice regulation requirements.