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This is a Bill, not an Act. For current law, see the Acts databases.
Food Amendment (Kilojoule Labelling Scheme and
Other Matters) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2--New Part IIA--Kilojoule labelling scheme 3
4 New Part IIA inserted 3
Part 3--Consequential amendments 17
5 Misleading conduct relating to sale of food 17
6 False descriptions of food 17
7 Burden of proof as to statements on packages etc. 17
8 Evidentiary certificate signed by the Secretary DH 17
9 Evidentiary certificate signed by chief executive officer of a
council 18
10 Criminal liability of officers of bodies corporate--failure to
exercise due diligence (legal burden of proof) 18
11 Court may order corrective advertising 18
12 Schedule 1--Infringements 19
Part 4--Other amendments and statute law revision 20
13 Authorized officers 20
14 Cross reference correction 20
15 Schedule 1--Infringements 20
16 Amendments relating to Department name changes 20
Part 5--Repeal of amending Act 24
17 Repeal of amending Act 24
═══════════════
Endnotes 25
1 General information 25
i
Food Amendment (Kilojoule Labelling
Scheme and Other Matters) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The purpose of this Act is to amend the Food
Act 1984--
(a) to provide for a kilojoule labelling scheme;
and
(b) to make miscellaneous and technical
amendments.
1
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 1--Preliminary
2 Commencement
(1) This Act (except Parts 2 and 3) comes into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsection (3), Parts 2 and 3 come into
operation on a day to be proclaimed.
(3) If Parts 2 and 3 do not come into operation before
1 July 2018, they come into operation on that day.
3 Principal Act
In this Act, the Food Act 1984 is called the
Principal Act.
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
Part 2--New Part IIA--Kilojoule labelling
scheme
4 New Part IIA inserted
After section 17H of the Principal Act insert--
'Part IIA--Kilojoule labelling
scheme
Division 1--Definitions
18 Definitions
For the purposes of this Part--
chain food premises has the meaning given
in section 18A;
chain supermarket has the meaning given in
section 18B;
floor area in relation to a supermarket
premises means the continuous internal
floor area of the supermarket premises
that is used to display items available
for sale to consumers and excludes any
part of the floor area available for the
consumption of food at the supermarket
premises;
food label in relation to a standard food item
means, irrespective of whether or not
the standard food item is listed on a
menu--
(a) a price ticket attached to, or
closely associated with, the
standard food item; or
(b) an identifying name label attached
to, or closely associated with, the
standard food item;
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
kilojoule labelling scheme means the
requirements set out in this Part
regarding the display of kilojoule
information about standard food
items sold by certain food businesses;
menu means a list or other depiction
of at least one standard food item
(together with its name or price) that
is printed or is in electronic form and
that--
(a) appears on a board, poster,
leaflet or similar thing at the
food premises at which the
standard food item is sold; or
(b) in the case of a drive-through
facility, appears on a board,
poster, leaflet or similar thing
visible at or before the point of
ordering the standard food item;
or
(c) is distributed or is available other
than at the food premises from
which the standard food item is
sold;
proprietor of a chain food premises
means--
(a) the person carrying on a food
business at the chain food
premises; or
(b) if the person referred to in
paragraph (a) cannot be identified,
the person in charge of the chain
food premises;
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
proprietor of a chain supermarket means--
(a) the person carrying on a
supermarket business at the
chain supermarket; or
(b) if the person referred to in
paragraph (a) cannot be identified,
the person in charge of the chain
supermarket;
ready-to-eat food means food that is for sale
in a state in which it is ordinarily
consumed;
standard food item has the meaning given in
section 18C;
supermarket business means a food business
which involves the sale of all of the
following items of food--
(a) bread;
(b) breakfast cereal;
(c) butter;
(d) eggs;
(e) flour;
(f) fresh fruit;
(g) fresh milk;
(h) fresh vegetables;
(i) meat;
(j) rice;
(k) sugar;
(l) food (other than any item of food
that is referred to in any preceding
paragraph in this definition) that is
in a package;
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
supermarket premises means a food
premises at which a supermarket
business operates, other than those
parts of the food premises that are a
chain food premises.
18A What is a chain food premises?
(1) In this Part--
chain food premises means a food premises
(other than a supermarket premises) at
which a food business--
(a) sells at least one standard food
item; and
(b) operates as part of a chain of food
businesses.
(2) For the purposes of this section, a food
business operates as part of a chain of food
businesses if--
(a) the chain of food businesses comprises
of at least--
(i) 20 food premises in Victoria; or
(ii) 50 food premises in Australia,
including at least one in Victoria;
and
(b) at least 2 food premises referred to in
paragraph (a) sell the same standard
food item; and
(c) the food businesses which comprise the
chain--
(i) operate under franchise
arrangements with a parent
business; or
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
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Part 2--New Part IIA--Kilojoule labelling scheme
(ii) operate under the same trading
name or brand or trade mark; or
(iii) are under common ownership or
control.
18B What is a chain supermarket?
(1) In this Part--
chain supermarket means a supermarket
premises--
(a) at which a supermarket business--
(i) sells at least one standard
food item; and
(ii) operates as part of a chain of
supermarket businesses; and
(b) with a floor area of over
1000 square metres.
(2) For the purposes of subsection (1), a
supermarket business operates as part of a
chain of supermarket businesses if--
(a) the chain of supermarket businesses
comprises of at least--
(i) 20 supermarket premises in
Victoria; or
(ii) 50 supermarket premises in
Australia, including at least one
in Victoria; and
(b) at least 2 supermarket premises
referred to in paragraph (a) sell the
same standard food item; and
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
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Part 2--New Part IIA--Kilojoule labelling scheme
(c) the supermarket businesses which
comprise the chain--
(i) operate under franchise
arrangements with a parent
business; or
(ii) operate under the same trading
name or brand or trade mark; or
(iii) are under common ownership or
control.
18C What is a standard food item?
(1) In this Part--
standard food item means an item of
ready-to-eat food that is standardised
for size and content and is for sale at--
(a) at least 2 chain food premises,
each operated by a food business
operating in the same chain of
food businesses; or
(b) at least 2 chain supermarkets,
each operated by a supermarket
business operating in the same
chain of supermarket businesses.
(2) Despite subsection (1), standard food item
does not include--
(a) nuts in the shell or raw fruit or
vegetables that are usually washed or
peeled or hulled by the consumer; or
(b) an alcoholic beverage; or
(c) food that is available for sale in a
package on which there is a nutrition
information panel within the meaning
of the Food Standards Code; or
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
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Part 2--New Part IIA--Kilojoule labelling scheme
(d) a food item (which would otherwise be
included in the definition of standard
food item) that--
(i) is available for sale at a chain food
premises or chain supermarket for
a period of not more than 60 days;
and
(ii) is available for sale in Victoria
at--
(A) not more than 5 chain food
premises, each operated by a
food business operating as
part of the same chain of
food businesses; or
(B) not more than 5 chain
supermarkets, each operated
by a supermarket business
operating as part of the same
chain of supermarket
businesses; and
(iii) was not available for sale
before the period referred to in
subparagraph (i) at any chain food
premises or chain supermarket
referred to in subparagraph (ii), as
the case may be; or
(e) food that is prescribed as an exempt
food item.
(3) If a number of standard food items
are shown or displayed for sale as a
combination, the combination is taken
to be a single standard food item for the
purposes of this Part.
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
(4) If a standard food item is shown or displayed
for sale in different standard sizes such as
small, medium or large, each standard size of
the item of food is taken to be a separate
standard food item.
Division 2--Requirement for proprietor
of chain food premises to display
kilojoule information
18D Requirement for proprietor of chain food
premises to display kilojoule information
(1) The proprietor of a chain food premises
must, in accordance with section 18E,
display--
(a) the following statement--
"The average adult daily energy intake
is 8 700 kJ."; and
(b) in relation to each standard food item
sold at the chain food premises, the
average energy content of the standard
food item.
Penalty: 20 penalty units in the case of an
individual;
100 penalty units in the case of a
corporation.
(2) The average energy content of a standard
food item is to be determined in accordance
with Standard 1.2.8 of the Food Standards
Code, rounded to the nearest 10 kilojoules.
(3) In any proceedings for an offence under this
section, it is no defence that the proprietor
of the chain food premises had a mistaken
but reasonable belief as to the facts that
constituted the offence.
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
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Part 2--New Part IIA--Kilojoule labelling scheme
(4) Despite anything to the contrary in
subsection (3), in any proceedings for an
offence under this section, it is a defence if
it is proved that the proprietor of the chain
food premises exercised all due diligence
to prevent the commission of the offence
by the proprietor or by a person under the
proprietor's control.
18E Chain food premises--manner and
location of display of kilojoule
information
(1) The statement required by section 18D(1)(a)
must--
(a) be clearly legible; and
(b) if a standard food item is on display
in or on a display cabinet, stand or
area and a food label is attached to, or
closely associated with, the standard
food item--
(i) be in a prominent place in or on
that display cabinet, stand or area;
and
(ii) be in at least the same font size
as the largest font size used on
the food label; and
(c) if a standard food item is listed or
otherwise depicted on a menu, be
displayed at least once in a prominent
place on the menu in at least the same
font size as the largest font size used
on the menu for--
(i) the name of a standard food item;
or
(ii) if no name is displayed, the price
of a standard food item.
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
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Part 2--New Part IIA--Kilojoule labelling scheme
(2) The average energy content of a standard
food item required by section 18D(1)(b)
must--
(a) be clearly legible; and
(b) be expressed in numerals followed by
the abbreviation "kJ"; and
(c) if a food label is attached to, or closely
associated with, the standard food item,
be displayed on the food label in at
least the same font size as the largest
font size used on the food label for--
(i) the price of the standard food
item; or
(ii) if no price is displayed, the name
of the standard food item; and
(d) if the standard food item is listed or
otherwise depicted on a menu--
(i) be adjacent to the standard food
item on the menu; and
(ii) be in at least the same font size
as the largest font size used on
the menu for--
(A) the price of the standard
food item; or
(B) if no price is displayed, the
name of the standard food
item.
12
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
Division 3--Requirement for proprietor
of chain supermarket to display
kilojoule labelling
18F Requirement for proprietor of chain
supermarket to display kilojoule
information
(1) The proprietor of a chain supermarket must,
in accordance with section 18G, display--
(a) the following statement--
"The average adult daily energy intake
is 8 700 kJ."; and
(b) in relation to each standard food item
sold at the chain supermarket, the
average energy content of the standard
food item or of 100 g of the standard
food item.
Penalty: 20 penalty units in the case of an
individual;
100 penalty units in the case of a
corporation.
(2) The average energy content of a standard
food item or 100 g of a standard food item
is to be determined in accordance with
Standard 1.2.8 of the Food Standards Code,
rounded to the nearest 10 kilojoules.
(3) In any proceedings for an offence under this
section, it is no defence that the proprietor
of the chain supermarket had a mistaken
but reasonable belief as to the facts that
constituted the offence.
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
(4) Despite anything to the contrary in
subsection (3), in any proceedings for an
offence under this section, it is a defence if
it is proved that the proprietor of the chain
supermarket exercised all due diligence to
prevent the commission of the offence by
the proprietor or by a person under the
proprietor's control.
18G Chain supermarket--manner and
location of display of kilojoule
information
(1) The statement required by section 18F(1)(a)
must--
(a) be clearly legible; and
(b) if a standard food item is on display
in or on a display cabinet, stand or
area and a food label is attached to, or
closely associated with, the standard
food item--
(i) be in a prominent place in or on
that display cabinet, stand or area;
and
(ii) be in at least the same font size
as the largest font size used on
the food label; and
(c) if a standard food item is listed or
otherwise depicted on a menu, be
displayed at least once in a prominent
place on the menu in at least the same
font size as the largest font size used
on the menu for--
(i) the name of the standard food
item; or
(ii) if no name is displayed, the price
of the standard food item.
14
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
(2) The average energy content of a standard
food item required by section 18F(1)(b)
must--
(a) be clearly legible; and
(b) be expressed in numerals followed by
the abbreviation "kJ"; and
(c) if a food label is attached to, or closely
associated with, the standard food item,
be displayed on the food label in at
least the same font size as the font size
used on the food label for the price or
unit price of the standard food item;
and
(d) if the standard food item is listed or
otherwise depicted on a menu--
(i) be adjacent to the standard food
item on the menu; and
(ii) be in at least the same font size
as the font size used on the menu
for the price or unit price of the
standard food item.
Division 4--Exemptions
18H Exemptions
Sections 18D(1) and 18F(1) do not apply in
relation to standard food items sold--
(a) by a food business operated by the
same business operating the cinema at
which the food business is located; or
(b) by a food business, or that part of
a food business, that provides food
catering services; or
(c) at a food vending machine; or
(d) at a temporary food premises; or
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 2--New Part IIA--Kilojoule labelling scheme
(e) at a mobile food premises; or
(f) at a service station by a business selling
petrol or other fuel for motor vehicles;
or
(g) by a not-for-profit food business
providing services delivering meals to
persons in their homes; or
(h) by a prescribed food business or food
premises or a prescribed class of food
business or food premises.'.
16
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 3--Consequential amendments
Part 3--Consequential amendments
5 Misleading conduct relating to sale of food
In section 13(1), (2) and (3) of the Principal Act,
for "A person" substitute "Despite anything to the
contrary in Part IIA, a person".
6 False descriptions of food
In section 17A(1) of the Principal Act, after "Part"
insert "and despite anything to the contrary in
Part IIA".
7 Burden of proof as to statements on packages etc.
In section 45A of the Principal Act, after "Act"
insert "(other than in relation to an offence in
Part IIA)".
8 Evidentiary certificate signed by the Secretary DH
(1) In section 50AA(j) of the Principal Act, for
"paid." substitute "paid;".
(2) After section 50AA(j) of the Principal Act
insert--
"(k) a statement referred to in section 18D(1)(a)
or 18F(1)(a), or a photograph of that
statement, attached to the certificate was
displayed on a stated day or during a stated
period at a stated chain food premises or
chain supermarket;
(l) a menu or food label referred to in
section 18D(1)(b) or 18F(1)(b), or a
photograph of that menu or food label,
attached to the certificate was a menu or
food label in relation to a stated standard
food item sold by a food business operating
a stated chain food premises or chain
supermarket on a stated day or during a
stated period.".
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 3--Consequential amendments
9 Evidentiary certificate signed by chief executive
officer of a council
(1) In section 50AB(j) of the Principal Act, for "paid."
substitute "paid;".
(2) After section 50AB(j) of the Principal Act
insert--
"(k) a statement referred to in section 18D(1)(a)
or 18F(1)(a), or a photograph of that
statement, attached to the certificate was
displayed on a stated day or during a stated
period at a stated chain food premises or
chain supermarket;
(l) a menu or food label referred to in
section 18D(1)(b) or 18F(1)(b), or a
photograph of that menu or food label,
attached to the certificate was a menu or
food label in relation to a stated standard
food item sold by a food business operating
a stated chain food premises or chain
supermarket on a stated day or during a
stated period.".
10 Criminal liability of officers of bodies corporate--
failure to exercise due diligence (legal burden of
proof)
After section 51B(2)(l) of the Principal Act
insert--
"(la) section 18D(1);
(lb) section 18F(1);".
11 Court may order corrective advertising
In section 53B of the Principal Act, for "Part 2"
substitute "Part II or Part IIA".
18
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 3--Consequential amendments
12 Schedule 1--Infringements
After item 3 of Schedule 1 to the Principal Act
insert--
"3A An offence 2 penalty Chain food
against units for a premises--
section natural failure to
18D(1) person; display
4 penalty kilojoule
units for a information
body
corporate
3B An offence 2 penalty Chain
against units for a supermarket
section natural --failure to
18F(1) person; display
4 penalty kilojoule
units for a information".
body
corporate
19
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 4--Other amendments and statute law revision
Part 4--Other amendments and
statute law revision
13 Authorized officers
In section 20(5) of the Principal Act omit
"by or on behalf of the Crown or".
14 Cross reference correction
In section 28(b) of the Principal Act, for
"section 26(4)" substitute "section 26(5)".
15 Schedule 1--Infringements
In column 2 of item 1 of Schedule 1 to the
Principal Act, for "24(1)(a), 24(1)(b)" substitute
"24(1)(a)".
16 Amendments relating to Department name changes
(1) In section 4(1) of the Principal Act--
(a) in the definition of Department, after
"Health" insert "and Human Services";
(b) in the definition of Secretary--
(i) in paragraph (a), for "Secretary DH
or the Secretary DPI" substitute
"Secretary DHHS or the Secretary
DEDJTR";
(ii) in paragraph (b), for "Secretary DH"
substitute "Secretary DHHS";
(c) in the definition of Secretary DH,
for "Secretary DH" substitute
"Secretary DHHS";
20
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 4--Other amendments and statute law revision
(d) for the definition of Secretary DPI
substitute--
"Secretary DEDJTR means the Department
Head (within the meaning of the Public
Administration Act 2004) of the
Department of Economic Development,
Jobs, Transport and Resources;".
(2) Section 4(1A) of the Principal Act is repealed.
(3) In section 5 of the Principal Act--
(a) in subsection (5), for "Secretary DH or the
Secretary DPI" substitute "Secretary DHHS
or the Secretary DEDJTR";
(b) in subsection (6), for "Secretary DPI"
substitute "Secretary DEDJTR".
(4) In the heading to section 7BA of the Principal
Act, for "Primary Industries" substitute
"Economic Development, Jobs, Transport
and Resources".
(5) In section 7BA of the Principal Act--
(a) for "Primary Industries" substitute
"Economic Development, Jobs, Transport
and Resources";
(b) for "Secretary DPI" (where twice occurring)
substitute "Secretary DEDJTR";
(c) for "Secretary DH" substitute
"Secretary DHHS".
(6) In section 19AA(10) of the Principal Act, in
the definition of relevant authority--
(a) in paragraphs (a)(i) and (b)(i), for
"Secretary DPI" substitute
"Secretary DEDJTR";
(b) in paragraph (b)(ii), for "Secretary DH"
substitute "Secretary DHHS".
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 4--Other amendments and statute law revision
(7) In section 26(5) of the Principal Act--
(a) for "Secretary DH" (wherever occurring)
substitute "Secretary DHHS";
(b) for "Secretary DPI" (wherever occurring)
substitute "Secretary DEDJTR".
(8) In section 48(4) of the Principal Act--
(a) in paragraph (a), for "Secretary DPI"
(wherever occurring) substitute
"Secretary DEDJTR";
(b) in paragraph (d) of the Principal Act,
for "Secretary DH" substitute
"Secretary DHHS".
(9) In the heading to section 50AA of the
Principal Act, for "DH" substitute "DHHS".
(10) In section 50AA of the Principal Act, for
"Secretary DH" substitute "Secretary DHHS".
(11) In the heading to section 50AAB of the
Principal Act, for "Secretary DPI" substitute
"Secretary DEDJTR".
(12) In section 50AAB of the Principal Act, for
"Secretary DPI" substitute "Secretary DEDJTR".
(13) In section 50AC of the Principal Act, for
"Secretary DH, the Secretary DPI" substitute
"Secretary DHHS, the Secretary DEDJTR".
(14) In section 56(3) of the Principal Act--
(a) in paragraph (a), for "Secretary DH"
(where twice occurring) substitute
"Secretary DHHS";
(b) in paragraph (b), for "Secretary DPI"
(where twice occurring) substitute
"Secretary DEDJTR".
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 4--Other amendments and statute law revision
(15) In the heading to section 58AB of the
Principal Act, for "Secretary DPI"
substitute "Secretary DEDJTR".
(16) In section 58AB(1) of the Principal Act, for
"Secretary DPI" (where twice occurring)
substitute "Secretary DEDJTR".
(17) In section 63(1A)(d) and (1B) of the
Principal Act, for "Secretary DPI"
substitute "Secretary DEDJTR".
23
Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Part 5--Repeal of amending Act
Part 5--Repeal of amending Act
17 Repeal of amending Act
This Act is repealed on 1 July 2019.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Food Act 1984 to provide for a kilojoule labelling scheme and for other
purposes."
By Authority. Government Printer for the State of Victoria.
25
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