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2008-2009
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
FOOD STANDARDS AMENDMENT (TRUTH IN LABELLING LAWS) BILL 2009
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator N Xenophon)
FOOD STANDARDS AMENDMENT (TRUTH IN LABELLING LAWS) BILL 2009
1. Background:
The purpose of this Bill is to amend the Food Standards Australia New
Zealand Act 1991 (the Act) to require the Food Standards Australia New
Zealand (the Authority) to develop and approve certain food labelling
standards that producers, manufacturers and distributors are required
to adhere to. The standards will require greater detail about the
content of food products including the use of imported ingredients.
They will ensure, among other things, that the word "Australian" will
only apply in relation to food that is 100% produced in Australia from
Australian products.
2. Short Title
This clause is a formal provision and specifies the short title of
bill once enacted as the Food Standards Amendment (Truth in Labelling
Laws) Act 2009.
3. Commencement
This clause provides for the commencement of the Act in accordance
with the dates provided in Column 2. Sections 1 to 3 of the Act and
anything else in the Act not elsewhere covered by the table provided
are to commence on the day on which the Act receives the Royal Assent.
Schedule 1 of the Act is to commence 28 days after the day on which
it receives the Royal Assent.
4. Schedule(s)
Clause 3 is a formal clause and provides for the schedule(s) to the
bill to amend existing legislation (see Schedule 1 section below).
5. Schedule 1
Schedule 1 amends the Food Standards Australian New Zealand Act 1991
by providing for the insertion of a new section after section 16 of
the Act.
6. Section 16A Matters for which standards must be developed and approved
Section 16A requires the Authority to develop and approve labelling
standards that require producers, manufacturers and distributors of
food to implement more accurate labelling regarding the use of the
word "Australian" in relation to food products and the inclusion of
imported ingredients in such food products. Paragraphs 16(1)(a), (b),
(c), (d) and (e) set out the relevant requirements for producers,
manufacturers and distributors of food.
Paragraph (1)(a) provides that that producers, manufacturers and
distributors of food may only use the word "Australian" in relation to
the food if it is wholly produced in Australia.
Paragraph (1)(b) provides that, subject to paragraph (c), where the
food contains one or more imported ingredients, this must be stated on
the front label of the relevant food and be of a size of at least
15mm.
This is to ensure that consumers are well-informed of the imported
ingredients of the product they are purchasing.
Paragraph (1)(c) sets out the labelling requirements for juice, juice
drink or any other drink containing juice.
Where the relevant juice product contains one or more imported
ingredients, the percentage amount of those ingredients must be
displayed on the front label of the product container in a size of at
least 25mm. Where the relevant product contains juice concentrate,
the inclusion of that concentrate must be displayed on the front label
of the product container in a size of at least 25mm.
This is intended to make it clear to consumers of the product that the
juice they are purchasing is not wholly Australian or is not 100
percent fresh juice.
Similarly, paragraph (1)(d) requires that where the product contains
juice derived from orange skins, either in whole or in part, the juice
must not be described as "orange juice".
Finally, paragraph (1)(e) provides that that the product container and
the product label are not to be included in any calculation of the
percentage of Australian content in the product.
Subsection 16(2) provides that standards developed and approved by the
Authority under subsection (1) (as outlined above) are not subject to
existing requirements on the Authority with respect to development and
approval of standards.
Paragraphs (3)(a) and (b) provide that subsection (2) does not prevent
the Authority from revoking a standard developed and approved under
subsection (1) and developing and approving a new standard to replace
that standard, or developing and approving a variation of a standard
developed and approved under subsection (1) or paragraph (3)(a).
Subsection (4) provides that Part 3 of the Act apart from Division 3
and sections 102 to 106 are applicable to a standard or a variation of
a standard developed and approved under subsection (3) .
Subsection (5) stipulates that at all times labelling standards in
accordance with paragraphs (1)(a), (b), (d) and (e) and subparagraphs
(1)(c)(i) and (ii) must be in force. That is, at all times, a standard
which reflects greater detail about the inclusion of imported
ingredients in a product must be in force.