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This is a Bill, not an Act. For current law, see the Acts databases.
FOOD STANDARDS AMENDMENT (TRUTH IN LABELLING LAWS) BILL 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
i Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Food Standards Australia New
Zealand Act 1991
3
Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009 1
\
A Bill for an Act to provide for accurate labelling of
1
food, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Food Standards Amendment (Truth in
5
Labelling Laws) Act 2009.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
2 Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009
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
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendment of the Food Standards Australia New Zealand Act 1991 Schedule 1
Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009 3
20/8/2009 9:41 AM
Schedule 1--Amendment of the Food
1
Standards Australia New Zealand Act
2
1991
3
1 After section 16
4
Insert:
5
16A Matters for which standards must be developed and approved
6
(1) The Authority must, within 28 days after the Food Standards
7
Amendment (Truth in Labelling Laws) Act 2009 receives the Royal
8
Assent, develop and approve labelling standards that prescribe that
9
producers, manufacturers and distributors of food:
10
(a) may only use the word "Australian" on or in relation to the
11
relevant food if it is 100% produced in Australia;
12
(b) in the case of food containing one or more imported
13
ingredients--subject to paragraph (c), must display the
14
inclusion in the food of imported ingredients in letters of at
15
least 15 mm on the front label of the relevant food;
16
(c) in the case of juice, juice drink or any other drink product
17
containing juice--must display:
18
(i) in the case of the relevant product containing one or
19
more imported ingredients--the percentage amount of
20
imported ingredients included in the product; and
21
(ii) in the case of the relevant product containing juice
22
concentrate-- the inclusion in the product of juice
23
concentrate;
24
in figures and/or letters of at least 25 mm on the front label of
25
the product container;
26
(d) in the case of any drink product partly or wholly containing
27
juice derived from orange skins--must not describe the juice
28
so derived as orange juice;
29
(e) must not include the product container and the product label
30
in any calculation of the percentage of Australian content in
31
the product.
32
(2) A standard developed and approved under subsection (1) is not
33
subject to section 18 (Objectives of the Authority in developing or
34
reviewing food regulatory measures and variations of food
35
Schedule 1 Amendment of the Food Standards Australia New Zealand Act 1991
4 Food Standards Amendment (Truth in Labelling Laws) Bill 2009 No. , 2009
regulatory measures) or Part 3 (Food regulatory measures),
1
particularly Division 3 (Council may request a review of approved
2
draft standard etc.) and sections 102 to 106.
3
(3) Subsection (2) does not prevent the Authority from:
4
(a) revoking a standard developed and approved under
5
subsection (1) and developing and approving a new standard
6
dealing with the same subject matter to replace that standard;
7
or
8
(b) developing and approving a variation of a standard developed
9
and approved under subsection (1) or paragraph (a).
10
(4) Part 3 (Food regulatory measures), apart from Division 3 (Council
11
may request a review of approved draft standard etc.) and
12
sections 102 to 106, applies to:
13
(a) a standard developed and approved under paragraph (3)(a);
14
and
15
(b) a variation of a standard developed and approved under
16
paragraph (3)(b).
17
(5) To avoid doubt, there must at all times be in force a standard in
18
accordance with each of paragraphs (1)(a), (b), (d) and (e) and
19
subparagraphs (1)(c)(i) and (ii).
20