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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Food Amendment (Trans Fatty Acids
Eradication) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Food Act 2003 No 43 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-001-06.d13
New South Wales
Food Amendment (Trans Fatty Acids
Eradication) Bill 2008
No , 2008
A Bill for
An Act to amend the Food Act 2003 with respect to trans fatty acids in food; and for
other purposes.
Clause 1 Food Amendment (Trans Fatty Acids Eradication) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Food Amendment (Trans Fatty Acids Eradication) 3
Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Food Act 2003 No 43 7
The Food Act 2003 is amended as set out in Schedule 1. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which this Act 10
commences. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Food Amendment (Trans Fatty Acids Eradication) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
restaurant means any eating place at which food is sold and 5
includes a take away food shop (whether or not provision is made 6
for food to be eaten at the shop by purchasers). 7
trans fatty acids has the meaning given by section 10. 8
[2] Section 10 9
Insert after section 9: 10
10 Meaning of "trans fatty acids" 11
(1) In this Act, trans fatty acids means unsaturated fatty acids that 12
contain one or more isolated or non-conjugated double bonds in 13
a trans-configuration. 14
(2) For the purposes of this Act, food is taken not to contain trans 15
fatty acids if trans fatty acids are present in the food only because 16
they occur naturally in the food or they occur naturally in a 17
substance that has been added to the food. 18
[3] Part 2, Division 2A 19
Insert after Division 2 of Part 2: 20
Division 2A Offences relating to trans fatty acids in food 21
23A Labelling requirements relating to trans fatty acids in packaged 22
food 23
(1) A person must not sell packaged food, or advertise packaged food 24
for sale, that contains trans fatty acids unless the packaged food 25
is labelled in a manner that clearly indicates: 26
(a) in the statement of ingredients required by the Food 27
Standards Code, that the food contains trans fatty acids, 28
and 29
(b) in the nutrition information panel required by the Food 30
Standards Code, trans fatty acids contained in the food 31
separately listed from other fats contained in the food, and 32
Page 3
Food Amendment (Trans Fatty Acids Eradication) Bill 2008
Schedule 1 Amendments
(c) a warning that the consumption of trans fatty acids is a 1
health hazard. 2
Maximum penalty: 500 penalty units in the case of an individual 3
and 2,500 penalty units in the case of a corporation. 4
(2) This section is declared to be a law to which section 15 of the 5
Mutual Recognition Act 1992 of the Commonwealth applies. 6
(3) This section is, for the purposes of section 46 of the 7
Trans-Tasman Mutual Recognition Act 1997 of the 8
Commonwealth, declared to be a law that is exempt from the 9
operation of that Act. 10
(4) This section has effect on and from the date that is 3 months after 11
its commencement. 12
(5) Subsection (1) ceases to have effect on the date on which section 13
23C first has effect. 14
(6) In this section, packaged food does not include food that is sold 15
as ready to eat and that is packaged by: 16
(a) a restaurant that prepared it, or 17
(b) a business that delivers the food to premises specified by a 18
purchaser of the food. 19
Note. Subsections (2) and (3) provide exemptions from the mutual 20
recognition principles relating to goods contained in the Mutual 21
Recognition Act 1992 of the Commonwealth and the Trans-Tasman 22
Mutual Recognition Act 1997 of the Commonwealth. Those 23
Commonwealth Acts provide that any such exemptions do not have 24
effect for a period of more than 12 months. 25
23B Information to be displayed about trans fatty acids in ready to eat 26
food 27
(1) A person in charge of a restaurant must ensure that, if food sold 28
by the restaurant contains trans fatty acids, the presence of the 29
trans fatty acids and a warning that the consumption of trans fatty 30
acids is a health hazard, is clearly indicated: 31
(a) in a menu given to, or displayed for, prospective 32
purchasers of the food at the restaurant, or 33
(b) on a sign or signs prominently displayed at the restaurant 34
in a way that would be noticeable to prospective 35
purchasers of the food. 36
Maximum penalty: 500 penalty units in the case of an individual 37
and 2,500 penalty units in the case of a corporation. 38
Page 4
Food Amendment (Trans Fatty Acids Eradication) Bill 2008
Amendments Schedule 1
(2) A person in charge of a business that: 1
(a) delivers food that is prepared at a restaurant to premises 2
specified by a purchaser of the food, and 3
(b) distributes or makes available a menu to prospective 4
purchasers of the food, 5
must ensure that, if the food contains trans fatty acids, the 6
presence of the trans fatty acids and a warning that the 7
consumption of trans fatty acids is a health hazard is clearly 8
indicated in the menu. 9
Maximum penalty: 500 penalty units in the case of an individual 10
and 2,500 penalty units in the case of a corporation. 11
(3) It is a defence to a prosecution for an offence under subsection (2) 12
against a person in charge of a business that delivers the food (but 13
does not prepare the food) if the person establishes that any menu 14
distributed or made available to prospective purchasers of the 15
food was provided or authorised by the person in charge of the 16
business that prepared the food for delivery. 17
(4) This section has effect on and from the date that is 3 months after 18
its commencement. 19
(5) This section ceases to have effect on the date on which section 20
23C first has effect. 21
23C Prohibition on sale and handling of food containing trans fatty 22
acids 23
(1) A person must not handle food intended for sale in a manner that 24
causes the food to contain trans fatty acids. 25
Maximum penalty: 500 penalty units in the case of an individual 26
and 2,500 penalty units in the case of a corporation. 27
(2) A person must not sell food, or advertise food for sale, that 28
contains trans fatty acids. 29
Maximum penalty: 500 penalty units in the case of an individual 30
and 2,500 penalty units in the case of a corporation. 31
(3) This section is declared to be a law to which section 15 of the 32
Mutual Recognition Act 1992 of the Commonwealth applies. 33
(4) This section is, for the purposes of section 46 of the 34
Trans-Tasman Mutual Recognition Act 1997 of the 35
Commonwealth, declared to be a law that is exempt from the 36
operation of that Act. 37
Page 5
Food Amendment (Trans Fatty Acids Eradication) Bill 2008
Schedule 1 Amendments
(5) This section has effect on and from the date that is 2 years after 1
its commencement. 2
Note. Subsections (3) and (4) provide exemptions from the mutual 3
recognition principles relating to goods contained in the Mutual 4
Recognition Act 1992 of the Commonwealth and the Trans-Tasman 5
Mutual Recognition Act 1997 of the Commonwealth. Those 6
Commonwealth Acts provide that any such exemptions do not have 7
effect for a period of more than 12 months. 8
[4] Section 28 Defence in respect of handling of food 9
Insert at the end of section 28: 10
(2) In any proceedings for an offence under section 23C (1), it is a 11
defence if it is proved that the person caused the food to which 12
the offence relates to be destroyed or otherwise disposed of 13
immediately upon becoming aware that the food contained trans 14
fatty acids. 15
[5] Section 133I 16
Insert before section 134: 17
133I Ministers' duty to promote control and eradication of trans fatty 18
acids in food 19
(1) It is the duty of the Minister for Primary Industries and the 20
Minister for Health to use their best endeavours to ensure that, 21
within 6 months after the commencement of this section (or, if 22
that period is not practicable, within such period as is 23
practicable), a proposed resolution is listed for consideration by 24
the Australia and New Zealand Food Regulation Ministerial 25
Council that contains proposals to the effect of the following: 26
(a) that the Food Standards Code should be amended to 27
require, on and from 3 months after the amendment, the 28
labelling of packaged food intended for sale in Australia 29
that contains trans fatty acids, 30
(b) that any such labelling should clearly indicate: 31
(i) in the statement of ingredients required by the Food 32
Standards Code, that the food contains trans fatty 33
acids, and 34
(ii) in the nutrition information panel required by the 35
Food Standards Code, trans fatty acids contained in 36
the food separately listed from other fats contained 37
in the food, and 38
(iii) a warning that the consumption of trans fatty acids 39
is a health hazard, 40
Page 6
Food Amendment (Trans Fatty Acids Eradication) Bill 2008
Amendments Schedule 1
(c) that the Food Standards Code should be amended to 1
provide that, on and from 2 years after the amendment, 2
food intended for sale in Australia must not contain trans 3
fatty acids. 4
(2) It is the duty of the Minister for Primary Industries and the 5
Minister for Health: 6
(a) to support the proposed resolution referred to in subsection 7
(1) and, if either of those Ministers is entitled to vote on the 8
proposed resolution on behalf of the State, to cast the vote 9
in favour of the proposed resolution, and 10
(b) to make representations to the Commonwealth 11
Government to consider prohibiting the importation of 12
food into Australia that does not comply with the proposals 13
contained in subsection (1). 14
[6] Schedule 2 Savings, transitional and other provisions 15
Insert at the end of clause 1 (1): 16
Food Amendment (Trans Fatty Acids Eradication) Act 2008 17
Page 7
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