Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to provide for the accurate labelling of palm oil in food, and for related purposes
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Registered 05 Oct 2010
Introduced Senate 30 Sep 2010

2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Food Standards Amendment (Truth in Labelling—Palm Oil) Bill 2010

 

No.      , 2010

 

(Senators Xenophon and Bob Brown)

 

 

 

A Bill for an Act to provide for the accurate labelling of palm oil in food, and for related purposes

  

  

  


Contents

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

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

3............ Schedule(s).......................................................................................... 2

4............ Purpose of Act................................................................................... 2

Schedule 1—Amendment of the Food Standards Australia New Zealand Act 1991             3

 


A Bill for an Act to provide for the accurate labelling of palm oil in 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—Palm Oil) Act 2010.

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.

4  Purpose of Act

                   The purpose of this Act is:

                     (a)  to ensure that consumers have clear, accurate information about the inclusion of palm oil in foods; and

                     (b)  to encourage the use of certified sustainable palm oil in order to promote the protection of wildlife habitat.

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

1  After section 16

Insert:

16B  Matters for which standards must be developed and approved—palm oil

             (1)  The Authority must, within 6 months after the commencement of this section, develop and approve labelling standards that prescribe that producers, manufacturers and distributors of food containing palm oil:

                     (a)  regardless of the amount of palm oil used in the food or to produce the food, palm oil must be listed as an ingredient of the food; and

                     (b)  if the palm oil used in the food or to produce the food has been certified sustainable in accordance with the regulations, the listing of the palm oil as an ingredient of the food may be shown as:

                                               CS palm oil

                            to indicate its sustainable origins.

             (2)  Regulations made for the purpose of certifying the sustainability of palm oil must reflect the criteria determined for that purpose by the Roundtable on Sustainable Palm Oil.

             (3)  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.

             (4)  Subsection (3) 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).

             (5)  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 (4)(a); and

                     (b)  a variation of a standard developed and approved under paragraph (4)(b).

             (6)  To avoid doubt, a standard in accordance with subsection (1) must be in force at all times after the first such standard comes into force.