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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Food Amendment (Beef Grading) Bill
2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Food Act 2003 No 43 3
b2008-014-18.d14
This public bill, which originated in the Legislative Assembly, has passed and is
now ready for presentation to the Legislative Council for its concurrence.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2009
New South Wales
Food Amendment (Beef Grading) Bill
2009
Act No , 2009
An Act to amend the Food Act 2003 with respect to the advertising, packaging and
labelling of beef.
EXAMINED
Assistant Speaker
Clause 1 Food Amendment (Beef Grading) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Food Amendment (Beef Grading) Act 2009. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Food Amendment (Beef Grading) Bill 2009
Amendment of Food Act 2003 No 43 Schedule 1
Schedule 1 Amendment of Food Act 2003 No 43 1
[1] Part 2, Division 2A 2
Insert after section 23: 3
Division 2A Beef labelling 4
23A Beef labelling schemes 5
(1) The regulations may prescribe schemes regulating the use of 6
words and expressions used in the labelling of any type of beef 7
intended for sale or beef for sale to indicate the type of beef, the 8
quality of beef or any other characteristic of the beef. 9
(2) Without limiting subsection (1), the regulations prescribing a 10
scheme may: 11
(a) specify the type of beef that the scheme applies to, or 12
(b) specify the requirements for labelling beef with a word or 13
expression indicating the type, quality or any other 14
characteristic of the beef, or 15
(c) specify any other conditions relating to the use of a word 16
or expression indicating the type, quality or any other 17
characteristic of the beef, or 18
(d) prohibit activities in relation to the labelling of beef, or 19
(e) require records to be kept in relation to the labelling of 20
beef. 21
(3) This section does not limit the operation of the provisions of this 22
Act relating to food safety schemes. 23
(4) In this section: 24
beef means the whole or any part of the carcase of any bovine 25
animal. 26
23B Misleading and deceptive conduct in relation to beef 27
(1) For the purposes of section 18 (1), a person carrying on a food 28
business is taken to have engaged in conduct that is misleading or 29
deceptive (or is likely to mislead or deceive) in relation to the 30
advertising, packaging or labelling of beef intended for sale, or in 31
relation to the sale of beef, if: 32
(a) the person does not use AUS-MEAT language consistently 33
(unless the person is complying with a scheme prescribed 34
under section 23A), or 35
Page 3
Food Amendment (Beef Grading) Bill 2009
Schedule 1 Amendment of Food Act 2003 No 43
(b) the person voluntarily adopts, but does not consistently 1
comply with, a scheme prescribed under section 23A, or 2
(c) the beef is advertised, packaged or labelled with the word 3
"budget" and does not also include the words "low grade" 4
or "low quality", or 5
(d) the beef is advertised, packaged or labelled with the word 6
"manufacturing" and does not also include the words 7
"suitable for mince only". 8
(2) For the purposes of subsection (1) (a), a person does not use 9
AUS-MEAT language consistently if: 10
(a) the person advertises, packages, labels or sells beef 11
described by means of AUS-MEAT language, and 12
(b) other beef advertised, packaged, labelled or sold by that 13
person is described by any other means that does not 14
include a description by means of: 15
(i) AUS-MEAT language, or 16
(ii) a consumer descriptor. 17
(3) For the purposes of subsection (1) (b), a person voluntarily 18
adopts, but does not consistently comply with, a scheme 19
prescribed under section 23A, if: 20
(a) the person labels any beef in accordance with a scheme 21
prescribed under section 23A or advertises, packages or 22
sells beef that has been labelled in accordance with such a 23
scheme, and 24
(b) the person does not comply with that scheme in respect of 25
all beef to which the scheme applies that is advertised, 26
packaged, labelled or sold by that person. 27
(4) This section does not limit the operation of section 18 (1). 28
(5) In this section: 29
AUS-MEAT language means any words, letters or symbols 30
(other than the words beef, steak or veal or any words indicating 31
a cooking method) that (whether alone, in combination or 32
together with other words, letters or symbols) are used by the 33
AUS-MEAT manual to designate or indicate beef as belonging to 34
a particular type, quality, classification, category, cut or grade. 35
AUS-MEAT manual means the Australian Meat Industry 36
Classification System (Manual 1) (2009 edition) published by 37
AUS-MEAT Limited (ACN 082 528 881) or, if a replacement 38
document is prescribed for the purposes of this definition, that 39
document. 40
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Food Amendment (Beef Grading) Bill 2009
Amendment of Food Act 2003 No 43 Schedule 1
beef means the whole or any part of the carcase of any bovine 1
animal. 2
consumer descriptor means a word or expression prescribed by 3
the regulations that is used to describe beef that is of a cut 4
prescribed by the regulations. 5
23C False descriptions of beef 6
(1) For the purposes of section 18 (2), beef is falsely described if: 7
(a) it is described by means of AUS-MEAT language that is 8
referable to beef of a particular type, quality, classification, 9
category, cut or grade and: 10
(i) it has not been assessed in accordance with the 11
requirements of the AUS-MEAT manual, or 12
(ii) it does not comply with the standards set out in the 13
AUS-MEAT manual, with respect to beef of that 14
type, quality, classification, category, cut or grade, 15
or 16
(b) it is described by means of a word or expression that is 17
regulated in accordance with a scheme prescribed under 18
section 23A and the description does not comply with the 19
requirements of the scheme, or 20
(c) it is described by means of a word or expression that is 21
prescribed for the purposes of the definition of consumer 22
descriptor in section 23B and the beef cannot be described 23
as being of the cut that is prescribed in relation to that word 24
or expression. 25
(2) This section does not limit the operation of section 18 (2). 26
(3) In this section: 27
AUS-MEAT language has the same meaning as it has in section 28
23B. 29
AUS-MEAT manual has the same meaning as it has in section 30
23B. 31
beef means the whole or any part of the carcase of any bovine 32
animal. 33
23D Exemptions for restaurants, take-away food shops and similar 34
outlets 35
(1) Subject to subsection (2), any person selling beef that has been 36
cooked and is intended for immediate consumption (including, 37
but not limited to, restaurants and take-away food shops) is 38
exempt from sections 23B and 23C. 39
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Food Amendment (Beef Grading) Bill 2009
Schedule 1 Amendment of Food Act 2003 No 43
(2) The regulations may prescribe any persons or classes of persons 1
in respect of which the exemption provided by this section is not 2
to apply from the date specified in the regulations. 3
[2] Section 87A 4
Insert after section 87: 5
87A Beef labelling auditors 6
(1) This section only authorises the exercise of functions in relation 7
to the auditing of the beef labelling requirements. 8
(2) The Food Authority may appoint a person employed by an 9
approved industry body to be a beef labelling auditor for the 10
purposes of carrying out audits to determine compliance with the 11
beef labelling requirements. 12
(3) A beef labelling auditor is to exercise his or her functions in 13
accordance with the directions issued to the approved industry 14
body by the Food Authority. 15
(4) The cost of exercising those functions is the responsibility of the 16
approved industry body. 17
(5) A beef labelling auditor is taken to be a food safety auditor for the 18
purposes of this Act and accordingly a reference in this Act to a 19
food safety auditor is taken to include a reference to a beef 20
labelling auditor. 21
(6) In this section: 22
approved industry body means a body that represents the beef 23
industry and that is approved for the time being by the Food 24
Authority. 25
beef labelling requirements means the requirements arising 26
under Division 2A of Part 2. 27
Page 6
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