2008-2009 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009 (Senators Xenophon and Bob Brown) A Bill for an Act to provide for accurate labelling of food, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--Amendment of the Food Standards Australia New Zealand Act 1991 3 i Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009 [Page Break] 2 food, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Food Standards Amendment (Truth in 6 Labelling Laws) Act 2009. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009 1 \ [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 The 28th day after the day on which this Act receives the Royal Assent. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 2 Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009 [Page Break] 1 Schedule 1--Amendment of the Food 2 Standards Australia New Zealand Act 3 1991 4 1 After section 16 5 Insert: 6 16A Matters for which standards must be developed and approved 7 (1) The Authority must, within 28 days after the Food Standards 8 Amendment (Truth in Labelling Laws) Act 2009 receives the Royal 9 Assent, develop and approve labelling standards that prescribe that 10 producers, manufacturers and distributors of food: 11 (a) may only use the word "Australian" on or in relation to the 12 relevant food if it is 100% produced in Australia; 13 (b) in the case of food containing one or more imported 14 ingredients--subject to paragraph (c), must display the 15 inclusion in the food of imported ingredients in letters of at 16 least 15 mm on the front label of the relevant food; 17 (c) in the case of juice, juice drink or any other drink product 18 containing juice--must display: 19 (i) in the case of the relevant product containing one or 20 more imported ingredients--the percentage amount of 21 imported ingredients included in the product; and 22 (ii) in the case of the relevant product containing juice 23 concentrate-- the inclusion in the product of juice 24 concentrate; 25 in figures and/or letters of at least 25 mm on the front label of 26 the product container; 27 (d) in the case of any drink product partly or wholly containing 28 juice derived from orange skins--must not describe the juice 29 so derived as orange juice; 30 (e) must not include the product container and the product label 31 in any calculation of the percentage of Australian content in 32 the product. 33 (2) A standard developed and approved under subsection (1) is not 34 subject to section 18 (Objectives of the Authority in developing or 35 reviewing food regulatory measures and variations of food Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009 3 20/8/2009 9:41 AM [Page Break] 1 regulatory measures) or Part 3 (Food regulatory measures), 2 particularly Division 3 (Council may request a review of approved 3 draft standard etc.) and sections 102 to 106. 4 (3) Subsection (2) does not prevent the Authority from: 5 (a) revoking a standard developed and approved under 6 subsection (1) and developing and approving a new standard 7 dealing with the same subject matter to replace that standard; 8 or 9 (b) developing and approving a variation of a standard developed 10 and approved under subsection (1) or paragraph (a). 11 (4) Part 3 (Food regulatory measures), apart from Division 3 (Council 12 may request a review of approved draft standard etc.) and 13 sections 102 to 106, applies to: 14 (a) a standard developed and approved under paragraph (3)(a); 15 and 16 (b) a variation of a standard developed and approved under 17 paragraph (3)(b). 18 (5) To avoid doubt, there must at all times be in force a standard in 19 accordance with each of paragraphs (1)(a), (b), (d) and (e) and 20 subparagraphs (1)(c)(i) and (ii). 4 Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009