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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Imported Food Warning Labels Bill 2013
No. , 2013
(Mr Katter)
A Bill for an Act to provide for warning labels in
relation to imported food, and for related purposes
i Imported Food Warning Labels Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Definitions ......................................................................................... 2
4
Imported food warning label .............................................................. 4
5
Warning label requirements ............................................................... 4
6
Offence: failure to comply for regulated packaged food ................... 5
7
Offence: failure to comply for regulated unpackaged food ............... 5
8
Offence: failure to comply for regulated minimally-packaged
food .................................................................................................... 5
9
Application of Crimes Act 1914 ........................................................ 6
10
Legislative instruments ...................................................................... 6
Imported Food Warning Labels Bill 2013 No. , 2013 1
A Bill for an Act to provide for warning labels in
1
relation to imported food, and for related purposes
2
The Parliament of Australia enacts:
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4
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1 Short title
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This Act may be cited as the Imported Food Warning Labels Act
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2013.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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Section 3
2 Imported Food Warning Labels Bill 2013 No. , 2013
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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 this Act receives the Royal Assent.
2. Sections 4 to
10
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
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this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Definitions
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In this Act:
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constitutional corporation means a corporation to which
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paragraph 51(xx) of the Constitution applies.
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constitutional trade or commerce means trade or commerce:
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(a) between Australia and places outside Australia; or
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(b) among the States; or
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(c) within a Territory, between a State and Territory or between
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2 Territories.
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food includes:
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(a) any substance or thing of a kind used or capable of being
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used as food or drink by human beings; or
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Section 3
Imported Food Warning Labels Bill 2013 No. , 2013 3
(b) any substance or thing of a kind used or capable of being
1
used as an ingredient or additive in, or substance used in the
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preparation of, a substance or thing referred to in
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paragraph (a); or
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(c) any other substance or thing that is prescribed;
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whether or not it is in a condition fit for human consumption, but
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does not include a therapeutic good within the meaning of the
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Therapeutic Goods Act 1989.
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imported food warning label: see section 4.
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operator, of a regulated retail food business, means the person who
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operates the business.
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regulated food means food imported into Australia other than:
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(a) food that is imported for private consumption; or
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(b) food that is ship's stores or aircraft's stores, within the
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meaning of section 130C of the Customs Act 1901; or
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(c) food that is imported as a trade sample.
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regulated minimally-packaged food means regulated food that is
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displayed for retail sale in a package that does not obscure the
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nature or quality of the food.
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regulated packaged food means regulated food that is packaged
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(other than regulated minimally-packaged food).
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regulated retail food business means a retail business of selling
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regulated food (whether or not the business also sells other food) to
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consumers, if:
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(a) at least one of the following applies:
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(i) the operator of the business is a constitutional
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corporation;
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(ii) the business is engaged in constitutional trade or
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commerce; and
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(b) the food is not offered for immediate consumption on the
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business's premises.
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regulated unpackaged food means regulated food that is
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unpackaged.
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Section 4
4 Imported Food Warning Labels Bill 2013 No. , 2013
retail unit, of regulated packaged food, means an individual unit of
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the packaged food offered for retail sale.
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4 Imported food warning label
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(1) The imported food warning label is as follows:
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WARNING: IMPORTED FOOD. THIS FOOD HAS NOT BEEN
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GROWN OR PROCESSED UNDER AUSTRALIAN HEALTH
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AND HYGIENE STANDARDS AND MAY BE INJURIOUS TO
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YOUR HEALTH.
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(2) A legislative instrument made under this Act may prescribe
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standards that apply in relation to any or all of the following:
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(a) the size of the label;
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(b) any other matters relating to display of the label.
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5 Warning label requirements
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Regulated packaged food
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(1) Every retail unit of regulated packaged food imported into
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Australia must carry the imported food warning label.
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Regulated unpackaged food
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(2) Every item of regulated unpackaged food displayed for retail sale
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must have the imported food warning label:
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(a) fixed to the item; or
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(b) prominently displayed so close to the item that a person
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considering buying the item could not avoid seeing the label.
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Regulated minimally-packaged food
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(3) Regulated minimally-packaged food displayed for retail sale must
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have the imported food warning label:
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(a) fixed to each item of the food; or
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(b) fixed to each retail unit of the food; or
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Section 6
Imported Food Warning Labels Bill 2013 No. , 2013 5
(c) prominently displayed so close to each display of retail units
1
of the food that a person considering buying a retail unit of
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the food could not avoid seeing the label.
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6 Offence: failure to comply for regulated packaged food
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A person commits an offence if:
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(a) the person imports food into Australia; and
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(b) the food is regulated packaged food; and
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(c) subsection 5(1) is contravened in relation to a retail unit of
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the food.
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Penalty: $500,000.
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7 Offence: failure to comply for regulated unpackaged food
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A person commits an offence if:
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(a) the person is the operator of a regulated retail food business;
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and
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(b) the business displays food for sale; and
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(c) the food is regulated unpackaged food; and
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(d) subsection 5(2) is contravened in relation to an item of the
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food.
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Penalty: $500,000.
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8 Offence: failure to comply for regulated minimally-packaged food
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A person commits an offence if:
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(a) the person is the operator of a regulated retail food business;
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and
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(b) the business displays food for sale; and
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(c) the food is regulated minimally-packaged food; and
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(d) subsection 5(3) is contravened in relation to a retail unit of
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the food.
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Penalty: $500,000.
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Section 9
6 Imported Food Warning Labels Bill 2013 No. , 2013
9 Application of Crimes Act 1914
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Section 4AB of the Crimes Act 1914 does not apply to this Act.
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Note:
Section 4AB of the Crimes Act 1914 has the effect of converting
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penalties expressed in dollars into a number of penalty units.
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10 Legislative instruments
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The Minister may make legislative instruments prescribing
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matters:
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(a) required or permitted by this Act to be prescribed; or
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(b) necessary or convenient to be prescribed for carrying out or
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giving effect to this Act.
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