Restricting Infant Formula Marketing in Australia

Legislative development

The legislation will be developed following this public consultation, with the scope of the legislation to be informed by the consultation and impact analysis. The Department will develop the legislation working with other relevant government departments. It is anticipated the legislation will be enacted through the Food Standards Australia New Zealand Act 1991 (FSANZ Act), noting it is the most relevant existing legislation in Australia.

There are several complexities associated with amending the FSANZ Act for the purposes of regulating infant formula marketing, including:

• Amendments to the FSANZ Act requires negotiation with New Zealand as Australia and New Zealand share a joing Food Standards System. While the legislation would only impact Australia, negotiations with New Zealand may extend timeframes and have additional considerations. 
• Any infant formula marketing legislation developed would require a clear separation of responsibilities in Australian states and territories, as each are responsibile for enforcing food standards under the Food Standards Code. Consultation with state and territory governments will be required. 
• Any amendments to the FSANZ Act regarding infant formula marketing would ideally be implemented with other anticipated changes to address the findings of the Review of the FSANZ Act.

To facilitate compliance with the legislation, educational materials will be developed for industry, health professionals, other impacted stakeholders, and the public explaining the purpose of the legislation and how to ensure compliance.

Please refer to page 23 of the Discussion Paper for additional information on implementation considerations.