Federal Register of Legislation - Australian Government

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A Bill for an Act to provide for accurate labelling of food, and for related purposes
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Registered 20 Aug 2009
Introduced Senate 20 Aug 2009

 

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

  

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 1

Schedule 1—Amendment of the Food Standards Australia New Zealand Act 1991             1

 


A Bill for an Act to provide for accurate labelling of food, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Food Standards Amendment (Truth in Labelling Laws) Act 2009.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

The 28th day after the day on which this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendment of the Food Standards Australia New Zealand Act 1991

1  After section 16

Insert:

16A  Matters for which standards must be developed and approved

             (1)  The Authority must, within 28 days after the Food Standards Amendment (Truth in Labelling Laws) Act 2009 receives the Royal Assent, develop and approve labelling standards that prescribe that producers, manufacturers and distributors of food:

                     (a)  may only use the word “Australian” on or in relation to the relevant food if it is 100% produced in Australia;

                     (b)  in the case of food containing one or more imported ingredients—subject to paragraph (c), must display the inclusion in the food of imported ingredients in letters of at least 15 mm on the front label of the relevant food;

                     (c)  in the case of juice, juice drink or any other drink product containing juice—must display:

                              (i)  in the case of the relevant product containing one or more imported ingredients—the percentage amount of imported ingredients included in the product; and

                             (ii)  in the case of the relevant product containing juice concentrate— the inclusion in the product of juice concentrate;

                            in figures and/or letters of at least 25 mm on the front label of the product container;

                     (d)  in the case of any drink product partly or wholly containing juice derived from orange skins—must not describe the juice so derived as orange juice;

                     (e)  must not include the product container and the product label in any calculation of the percentage of Australian content in the product.

             (2)  A standard developed and approved under subsection (1) is not subject to section 18 (Objectives of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures) or Part 3 (Food regulatory measures), particularly Division 3 (Council may request a review of approved draft standard etc.) and sections 102 to 106.

             (3)  Subsection (2) does not prevent the Authority from:

                     (a)  revoking a standard developed and approved under subsection (1) and developing and approving a new standard dealing with the same subject matter to replace that standard; or

                     (b)  developing and approving a variation of a standard developed and approved under subsection (1) or paragraph (a).

             (4)  Part 3 (Food regulatory measures), apart from Division 3 (Council may request a review of approved draft standard etc.) and sections 102 to 106, applies to:

                     (a)  a standard developed and approved under paragraph (3)(a); and

                     (b)  a variation of a standard developed and approved under paragraph (3)(b).

             (5)  To avoid doubt, there must at all times be in force a standard in accordance with each of paragraphs (1)(a), (b), (d) and (e) and subparagraphs (1)(c)(i) and (ii).