EXPLANATORY STATEMENT  
 
 
Country of Origin Food Labelling Information Standard 2016  
 
Authority  
 
This Country of Origin Food Labelling Information Standard 2016  (the Information Standard) is 
made under section 134 of the Australian Consumer Law (ACL).  
 
Background  
 
Consumers have been confused about country of origin  food labelling for a long time . They  have 
been calling for changes to simplify origin claims on foods  and to make them clearer , more 
meaningful  and easier to find.  Businesses , though recognis ing the value of country of origin 
labelling, have often struggle d to understand labelling requirements  or to meet consumer 
expectations . Public concern has resulted in numerous inquiries , reports  and proposals on this 
matter over several  decades , but few regulatory changes have been made.  
 
This Information Standard is part of a suite of regulatory changes aimed at addressing this 
consumer dissatisfaction with the  current country of origin labelling framework. It builds on 
consumer research, stakeholder consultations and an analysis of regulatory options and their costs 
and benefits.  
 
Purpose and operation  
 
The purpose of  this Information Standard is to provide clearer, more consistent, more informative 
and easier to find country of origin labels  for food —so that  consumers can make more informed 
choices about the food they buy, in line with their personal preferences.  This Information Standard 
also aims t o provide  businesses with greater certainty and clarity about the claims they can mak e 
about the country of origin of the food they supply, and to do so without imposing excessive cost s 
on those businesses.  
 
The revised country of origin labelling framewor k will see the continuation of mandatory country of 
origin labelling for most food offere d for retail sale in Australia, as is currently applied through the 
Australia New Zealand Food Standards Code (Food Standards Code). Current exemptions to 
mandatory co untry of origin food labelling in the Food Standards Code will generally still apply. 
For example, the Information Standard does not require country of origin labelling for food sold in 
places like restaurants, cafes, take -away s or schools . 
 
There are different labelling requirements de pending on whether the food is classified as priority or 
non-priority for the purposes of country of origin labelling, and whether it is:  
 grown, produced or made in Australia  
 packaged in Australia  
 grown, produced or made in another country  
 packaged in another country.  
 
Placement of labels  
 
Reflecting current provisions in the Food Standards Code, this Information Standard also imposes 
different requirements on the placement of country of origin statements and marks for pac kaged 
foods, unpackaged foods, and fresh fruit and vegetables in transparent packaging.  
 
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 For packaged foods, country of origin statements or standard marks are required to be on the label 
and legible.  
 
For fresh fruit and vegetables in transparent packagi ng, country of origin statements or marks may 
be on a label that is on the package, or on labelling that accompanies the food  or is displayed in 
connection with the sale of the food.  
 
For those unpackaged foods that are required to carry country of origin information (see subsection 
17(1)), the statements or marks may either be on the food or accompany  it or be displayed in 
connection with its sale . The text on labels that accompany,  or are  displayed in connection with , the 
sale of unpackaged food remains subject to the same minimum type size requirements that are 
currently set out in the Food Standards Code.  
 
Meaning  and use  of ‘grown in’, ‘produced in’, ‘made in’ and ‘packed in’  claims  
 
Food can claim to be ‘grown in’, ‘produc ed in’ or ‘made in’ a country  only if it meets specific  
condition s: 
 ‘Grown in’ and ‘Produced in’ mean that all of the significant ingredients of the food are 
from, and virtually all the processing occurred in, the country claimed as origin  
 ‘Made in’ means that the food underwent its last substantial transformation in the country 
claimed as origin.  
 
A food is said to have been substantially transformed in a country if the end product is 
fundamentally  different from its ingredients. Even if a food is partially or totally comprised of 
imported ingredients, it can claim a country as its  origin  if it was last substantially transformed in 
that country.  
 
Consequently, a ‘Made in Australia’ claim cannot be used where imported ingredients are only 
subject ed to minor processes, such as: slicing, freezing, canning, bottling, crumbing, reconstituting 
or packing. For example: mozzarella cheese made from imported milk could claim to be  ‘Made in 
Australia’, but imported mozzarella c heese that is shredded and pac kaged for resale could not be.  
 
Where a food comprising ingredients from more than one country is packed in a country without 
undergoing substantial transformation, it cannot make a claim to have been ‘grown in’, ‘produced 
in’ or ‘made in’ that country  or any other country. Accordingly, as a minimum, it is required to 
carry a statement indicating the country in which it was  packed or packaged , and that it is of 
multiple origins . 
 
Where food from a single country is packed in a second country, the countr y of origin statement 
must indicate that the food was grown, produced or made in  the originating country. A 
supplementary claim that it was packed in the second country is permitted.  
 
Priority and non -priority foods  
 
Research has shown that consumer concer n about country of origin varies across food categories. 
This Information Standard defines a set of n on-priority foods —foods for which Australian 
consumers are least concerned about origin information —and applies lesser country of origin 
labelling requirem ents on these foods.  
 
Non-priority foods comprise seven food categories : 
 Seasonings  
 Confectionery  
 Biscuits and snack food  
 Bottled water  
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  Soft drinks and sports drinks  
 Tea and coffee  
 Alcoholic beverages.  
 
This Information Standard requires n on-priority foods to carry  a text statement of their country of 
origin on their labels.  Use of the more detailed country of origin marks specified in the Information 
Standard, which are mandatory for most other f oods (hereafter termed priority foods ), is v oluntary 
for non -priority foods. Where the country of origin marks are used voluntarily on non -priority food, 
they must comply with the requirements of the Information Standard.  
 
Country of origin labelling requirements for priority foods  
 
Priority fo ods a re food products for which consumers care most about when it comes to origin 
information.  
 
Priority foods that are produced, grown or  made  in Australia will be required to carry a mark 
consisting of a clearly defined box containing:  
 a logo to assist the consumer to easily identify the food’s Australian origin;  
 a bar chart to provide a visual indication of the proportion, by ingoing weight, of the food’s 
Australian content; and  
 a statement indicating that the food was grown, produced or made in Australia a nd that 
indicates  the proportion, by ingoing weight, of the food’s Australian ingredients . 
 
Priority foods that are produced, made or grown in an overseas country will require a statement in a 
clearly defined box, indicating that the food was grown, produc ed or made in  that country.  
 
For priority foods that are packaged in Australia —without having undergone substantial 
transformation here —requirements vary depending on the source of the food:  
 if some —but not all —of the food in the package was grown, produce d or made in Australia,  
or if the food was imported from more than one country,  the labelling must include  a mark 
consisting of a clearly defined box containing a statement indicating that the food was 
packed in Australia , and a bar chart and statement that indicate s the proportion, by ingoing 
weight, of the food’s Australian ingredients ;  
 if the food originates from one overseas country, the label must state in a clearly defined box 
that it was grown, produced or made  in that country . The label may also  include a statement 
that the food was packed in Australia —but, if so, the label must then also include a bar chart 
indicating that the food has no  Australian ingredients . 
 
Such ‘Packed in Australia’ claims  cannot include the kangaroo logo, because  the foo d is not of 
Australian origin —that is, the package contains food that was not grown, produced or made in 
Australia .  
 
Where food that is grown, produced or made in Australia is exported, processed overseas without 
substantial transformation, and then reimp orted, the label will have to state, in brackets, what 
processing occurred overseas. For example, Australian macadamias  exported to Fiji for she lling and 
roasting and then re-imported into Australia for packaging and sale would be required to describe 
the overseas processing as part of the country of origin statement  
 
Where the sources of ingredients vary, the Information Standard makes provision for the label to 
include an average proportion of the food’s Australian ingredients —rather than a minimum 
proportion. This average may be calculated over a one, two or three year period, and may be relied 
upon for labelling purposes for the following two years.  
 
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 When such an average content claim is made, the label must also provide a way for consumers to 
get more information on the proportion of Australian ingredients that is in the actual food they have 
purchased  or are considering purchasing. This information can be made available online or over the 
phone and by reference to the product’s batch number or bes t before date, or by scanning a bar code 
or similar device printed on the package.  
 
The Information Standard makes provision for the label to include a statement about the country of 
origin of one or more specific ingredients —provided any ingredient specif ied comes exclusively 
from the country nominated as the origin of that ingredient . This would enable, for example, a 
producer to highlight the exclusive use of Canadian maple syrup in a processed food product that is 
made in Australia, or an importer to hi ghlight that the strawberries in a food made overseas are 
exclusively Australian.  
 
Consultation  
 
The Information Standard is based on extensive research and consultations with consumers, food 
producers, manufacturers and interested stakeholders.  
 
Industry round tables with around 200 participants were conducted in metropolitan and regional 
cities between April and June 2015 to ascertain business attitudes to possible reforms to cou ntry of 
origin labelling.  
 
Market research was undertaken in early to mid -2015 to identify community views, perceptions, 
knowledge of, and attitudes to country of origin labelling for food and to seek community feedback 
on options for changes to the exis ting country of origin labelling framework . The research included 
a qualitative  study with 18 consumer focus groups held in all capital cities (other than Canberra) 
and a questionnaire directed to over 1220 nationally representative participants. An online 
community self -selected questionnaire also received over 17  800 responses. The research also 
included face -to-face interviews with 20 businesses.  
 
On 21 July 2015, the government announced its preferred country of origin labelling reforms, to be 
taken to states and territories for agreement. The proposed reforms were based on feedback from 
initial consultations and the outcomes of the 2014 House of Representatives Standing Committee on 
Agriculture and Industry inquiry into country of origin labelling for food (as well as submissions to 
and reports on a number of earlier reviews  and inquiries dating back to 2006).  
 
A consultation Regulation Impact Statement  (RIS)  on the proposed reforms was released on 
4 December  2015, together with a package of supporting documents (including draft legislation). 
Trading partners were notified of  the proposed reforms through the World Trade O rganization on 
7 December 2015.  
 
Following release of the RIS, 50 face -to-face meetings were held  with stakeholders,  and over 380 
people attended information sessions conducted in all capital cities and some r egional centres. Over 
230 submissions on the proposed reforms were received from a broad range of stakeholders, 
including consumers, consumer bodies, businesses, industry bodies, state and territory go vernments 
and trading partners.  
 
Decision  
 
Based on fee dback on the December 2015 consultation package , as well as the submissions to and 
outcomes of earlier consultations, reviews and inquiries , a decision RIS was prepared to guide a 
final decision on the proposed reforms to the country of origin labelling fr amework.  The Decision 
RIS was approved by the Office of Best Practice Regulation on 3 March 2016, and can be found at 
www.industry.gov.au/cool  . 
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The RIS canvassed three labelling options : 
 maintaining the status quo (Option 1)  
 adopting a mandatory system with visual aids and a revised origin statement (Option 2)  
 a mandatory system with a revised origin statement only (Option 3) . 
 
The decision RIS was presented to the Legislative and Governance Forum on Cons umer Affairs 
(the Forum) on 31 March 2016.  
 
The Forum agreed to the implementation of Option 2 , which the decision RIS assessed as the 
preferred option, representing the greatest net benefit to the community. Option 2 took  into account 
a range of considera tions aimed at  deliver ing the country of origin information consumers most  
want ed in a manner that would be  feasible for businesses to comply with —without  imposing 
excessive regulatory cost.  
 
Option 2  involves introducing a mandatory Information Standard on country of origin labelling for 
food under the Competition and Consumer Act 2010 —with a transition period of 24 months. This 
Information Standard gives effect to this element of Option 2.  
 
Option 2 also involves  revoking Standard 1.2.11 —Country of origin labelling —from  the Australia 
New Zealand Food Standards Code  24 months after the commencement of the Information 
Standard, and simplif ying and clarif ying the country of origin safe harbour defences for country of 
origin la belling (including the definition of substantial transformation ), in Part 5 -3 of the Austr alian 
Consumer Law ( Schedule 2 to the Competition and Consumer Act 2010 ). These other changes will 
be introduced through separate regulatory processes.  
 
  
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 Detailed explanation of the Information Standard’ s provisions  
 
Part 1 —Preliminary  
 
Section 1 —Name of Regulation  
 
This section provides the title of the Information Standard : Country of Origin Food Labelling 
Information Standard  2016 . 
 
Section  2—Commencement  
 
This section provides that the Information Standard commences on 1 July 2016 . 
 
Section 3 —Authority  
 
This section provides that the Information Standard  is made under section 1 34 of the Australian 
Consumer Law.   
 
Section 4 —Purpose  
 
This section states that the purpose of the Information Standard  is to set out the requirements for 
providing country of origin information on labelling of food for human consumption sold (including 
on offer or display)  in Australia.  
 
Section 5 —Limit of ap plication  
 
This section provides that the Information Standard  does not operate to limit the exercise of a right 
given by or under the Trade Marks Act 1995 , in relation to a registered trademark.  In particular, this 
provision will allow the kangaroo logo r eferenced in subsection 10(1) to continue to be used for 
non-food products and for food products that are not for sale in Australia, as part of the Australian 
Made Australian Grown certified trade mark (see also section 29).  
 
Section 6 —Outline  
 
This section provides an overview  of the broad scope and structure of the Information Standard and 
summarises specific provisions, including  when  and how to use the logo, bar chart and/or statement 
to create standard mark s. 
 
Section 7 —Interpretation  
 
This section provides that certain terms used in the Information Standard have the meanings 
provided in the Dictionary of terms that  is included at the end of the Information S tandard.  
 
Section 8 - Meaning of grown, produced and made  
 
This section provides defi nitions for ‘grown’, ‘produced’ and ‘made’ for the purposes of the 
Information S tandard. These definitions are based on the country of origin safe harbour defences in 
Part 5 -3 of the Australian Consumer Law.  
 
In essence, food that is grown  in a particular country must have been germinated, materially 
increased, harvested, extracted or otherwise derived from a living organism in that country. 
Alternatively, food is grown in a country if all of its significant ingredients were grown in that 
country and virtually all of its processing occurred in that country.  
 
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 Food that is produced  in a particular country includes all food grown in that country. It would also 
include other food in which all of the significant ingredients were not grown, but we re still wholly 
obtained in that country, for example salt or water, provided virtually all of the processing occurred 
in that country.  
 
Food that is made  in a particular country must have undergone its last substantial transformation in 
that country. For the purposes of the Information Standard, the definition of substantially 
transformed , is provided in the Dictionary at the end of the standard and is the same as that 
provided in Australian Consumer Law country of origin safe harbour defences (Part 5 -3 of Schedule 
2 to the Competition and Consumer Act 2010 ).  
 
Subsection 8(2) provides flexibility for the use of the terms ‘grown’, ‘produced’ and ‘made’ where 
a food meets the requirements of more than one of those terms. For example, a food that meets the 
requirements to use the claim ‘Grown in <Country  X>’ would also meet the requirements to claim 
to have been ‘Produced in <Country  X>’ or ‘Made in <Country  X>’. This subsection permits use of 
any of those claims in that circumstance.  
 
Section 9 – Meaning of n on-priority foods  
 
This section defines certain categories of foods as being non-priority foods for the purposes of the  
Information Standard . There are seven n on-priority food  categories : 
1. seasonings;  
2. confectionery;  
3. biscuits and snack food;  
4. bottled water;  
5. soft drinks and sports drinks;  
6. tea and coffee;  
7. alcoholic beverages.  
 
Market research shows that consumers care the least about origin information for these foods. 
Definitions for these and other foods are provided in the Dictionary at the end of the standard.  
 
Section 10 - References to the logo and appropriate bar chart  
 
Section 10 provides the logo and the table of the bar charts that are to be used in the standard marks 
required or permitted by the Information Standard.  
 
The logo is a stylised  representation of a kangaroo on triangular background.  
 
The bar chart is a rectangular element with four evenly spaced internal markers. It is used to 
indicate the minimum or average percentage of a food’s Australian ingredients by ingoing weight. 
For per centages less than 10 per cent, the bar chart is filled to the five per cent level. For 
percentages of 10 per cent to 94 per cent inclusive, the bar chart is filled to the decile below the 
nominated percentage of Australian content. If the nominated percen tage is from 95 to 99 per cent, 
the bar chart is filled to the 95 per cent level. A full bar chart is used to indicate the food contains 
100 per cent Australian ingredients.  
Example:  Where 26  per cent  of the total ingoing weight is  Australian ingredient s, the bar charts is filled to the  20 per cent level.  
Where 97 per cent of the total ingoing weight is  Australian ingredient s, the bar charts is filled to the  95 per cent level.  
 
Section 11 – Meaning of proportion and of average proportion of ingredients by  weight  
 
Subsection 11 (1) provides the method  to be used for calculating the proportion by weight of the 
Australian ingredients of a food  (subject to the provisions for the treatment of water as an ingredient 
specified in section 12).  
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In calculating the proportion by weight of the Australian ingredients of a food , the ingoing weight 
of ingredients is to be determined before cooking, baking, frying or any other method of conserving, 
curing or preparing the end product. That is, t he ingoing weight is calcula ted a s per the recipe of the 
product, and not according to the final weight of  ingredients in  the product after cooking or other 
processing.  
Example:  A tomato sauce is made from: 1 kg tomatoes (Australian) , ¼ cup  of olive oil ( 170g,  Australian), 1 large brown onion 
(130g, imported), 3 garlic clove s (20g, imported), 1 table spoon of sugar ( 20g, Australian) , a handful of torn basil and 
chopped oregano ( 10g, Australian) , and water (150g, Australian) . The proportion of the Australian  ingredients  is the sum 
of the ingoing weights of all Australian ingredients (1350g) divided by the sum of the ingoing weights of all ingredients 
(1500g) expressed as a percentage (90%).  
 
Subsection 11 (2) defines  the average proportion by weight of the Austral ian ingredients of a 
packaged food  and provides that it be calculated over a 1, 2 or 3 year period. It further provides that 
it can be used, for the purposes of claims that rely on that average proportion, for a period of no 
more than two years after the e nd of that 1, 2 or 3 year period.  
 
This methodology provides a practical solution to the challenges faced by businesses who routinely 
rely on variable ingredient sources (for seasonality or other reasons) and would otherwise have to 
repeatedly relabel the ir products to meet this Information Standard —while also reflecting relatively 
recent production or manufacturing conditions .  
 
Sections 21 and 23 set out the conditions applicable to average proportion labels, including the 
requirement to provide consumers with information about the actual proportion of Australian 
ingredients in the food they are buying through some other means (see  section 13).  
 
Subsection 11 (3) provides that a substance or a food used as  a processing aid  is not an ingredient of 
a food for the purpose of these calculations.  Subsection 11(5) provides that the term ‘used as a 
processing aid’ has the meaning given by  section 1.1 .2—13 of the Food Standards Code.  
Example:  Rennet used to separate curds and whey in the making of cheese would be considered to be a processing aid and, 
therefore, not an ingredient that needs to be included in the calculation of the proportion by weight of the Australian 
ingredients  in the cheese.  
 
Subsection 11 (4) effectively provid es that, for the purpose of calculating the proportion by weight 
of the Australian ingredients of a food , an Australia grown or produced  ingredient is from Australia, 
and only the Australian proportion of a compound ingredient of mixed origin is from Austr alia.  
 
The Australian proportion of a compound ingredient is calculated by taking the sum of the ingoing 
weights of each sub -ingredient that is from Australia and dividing it by the sum of the ingoing 
weights of all sub -ingredients in the compound ingredi ent. That proportion must then be applied to 
the ingoing weight of the compound ingredient used in the final food when working out the 
proportion of Australian ingredients in that food . 
Example:  Calculating how much of a compound ingredient (pasta sauce) counts towards the proportion by weight of Australian 
ingredients in a food product  (lasagne) : 
A pasta sauce is made in Australia from 70% Australian ingredients  by ingoing weight . 
If the pasta sauce is then used to make a lasagne  in Australia for sale in Australia, 70% of the ingoing weight of the 
pasta sauce  used in the lasagne is attribute d to Australia and 30% to other countries .  
The final Australian content of the lasagne will subsequently depend on the origin of its remaining ingredients. These 
ingre dients may be Australian and/or imported (for example lasagne sheets, mince, milk, flour, cheese, seasoning).   
The proportion of Australian ingredients in the lasagne would be the sum of all of the ingoing weights of ingredients 
attributable to Australia ( including 70% of the ingoing weight of the pasta sauce) divided by the sum of the ingoing 
weights of all ingredients, expressed as a percentage.  
 
  
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 Section 12 – Accounting for water when determining country of origin and proportion of 
Australian ingredient s 
 
Subsection 12(1) describes the purpose of the section —that is, to explain  how to account for water 
for the purposes of the calculation of the proportion by weight of the Australian ingredients of a 
food or the average proportion by weight of the Australian ingredients of a packaged food.  
 
Subsection 12(2) determines that water added to food for the purposes of rehydration or 
reconstitution of a dried, concentrated or dehydrated ingredient or component of a food is deemed 
to take on the origin of that ingredient or component, regardless o f its actual country of origin.  
 
Subsectio n 12(3) provides that any water otherwise added as an ingredient of a food is taken to 
have the country of origin in which it was collected or harvested.  
Example:  Water in a fruit juice drink manufactured in Australia by addition of water (and other ingredients) to an imported fruit 
juice concentrate is considered to be imported water to the extent that it reconstitutes the concentrate. If the drink 
contained more water than necessary to reconstitute the imported fruit juice concentrate, the additiona l water would be 
taken to be Australian (if it was collected or harvested in Australia).  
 
Subsection 12(4) describes how to account for water that forms part of a liquid packing medium of 
a food. Where the packing medium is not generally consumed, water th at is an ingredient of the 
liquid packing medium is not included in the calculation of the proportion by weight of specified 
ingredients.  
Examples:  Pickling brine in a jar of pickled onions , and fruit syrup in a can of peaches. The brine is generally not c onsumed, 
whereas the syrup is or can be. The water in the brine is therefore excluded from the calculation of the proportion by 
ingoing weight of Australian ingredients, but is taken into account in the case of the calculation for the canned peaches.  
 
Subs ection 12(5) provides a non -exhaustive list of examples of liquid packing medi ums in which 
water may or may not be considered when calculating the proportion by weight of specified 
ingredients, in accordance with subsection (4) . 
 
Section 13 – Varying Austr alian content – methods for providing consumers with content 
information  
 
Section 13 applies to optional standard mark s for packaged  food product set out in sections 21 
and 23. These marks include statements about the average proportion by weight of  Australian 
ingredients . This section provides examples of methods and identifying phrases by which 
businesses can communicate to consumers more accurate information about the actual percentage  of 
Australian ingredients by ingoing weight in the food they a re buying.   
 
Methods include a contact telephone number, a website, or a barcode or similar device that can be 
scanned by a smartphone app or other software .  
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 Part 2 - Country of origin labelling requirements  
 
Division 1 - Application of this Part  
 
Divisio n 1 sets out the circumstances in which this Information Standard applies, and exemptions to 
the Information Standard, including the types of food and places of sale to which the standard does 
or does not apply. The application and exemption provisions are intended to closely mirror those 
applying in the Food Standards Code  at the time the Information Standard commences.  
 
Section 14 – Application of this part – retail sales and other sales for which labelling is required  
 
Subsection 14(1) provides that foods for retail sale in Australia  and foods suitable for retail sale in 
Australia without any further processing, packaging or labelling are covered by this Information 
Standard.  
 
Subsection 14(2) provides exemptio ns to the application of this Part for certain foods and certain 
types of retail sale.  
 
Exemptions are provided for:  
 food sold to the public for immediate consumption by restaurants, canteens, schools, 
caterers or self -catering institutions, prisons, hospitals or medical institutions;  
 food that is made and packaged on the premise where it is sold or delivered (for example, 
bread in a bakery);  
 food that is delivered , packaged and be ready for consumption, as ordered by the consumer, 
other than sold from  a vending machine (for example, home delivered pizza);  
 food sold at a fund -raising event (for example a cake stall at a school fete); and  
 food that is food for special medical purposes as defined by section 1.1.2 —5 of the Food 
Standards Code.  
 
Subsection 14(3) provides that foods sold in small packages —that is, in packages with a surface 
area of less than 100 cm2—are exempted from the graphical elements (logo and bar chart) 
otherwise required by the standard.  
 
Division 2  – Labelling requirements  
 
Section 15 – Packaged food, other than fresh fruit and vegetables in transparent packaging  
 
Subsection 15 (1) specifies that the section applies to food that is for sale —whether or not the sale 
is a retail sale —and is in a package that requires a label under  a standard in the Food Standards 
Code.  These foods may be priority or non -priority foods.  
 
Section 15 (2) provides that if Division 3  applies (that is, sections 18 – 25 for food that is grown, 
produced, made or packaged in Australia) , the label must meet the re quirements of that Division . 
This subsection does not apply to imported food that has not been processed or packaged in 
Australia.  
 
Subsection 15 (3) provides that in all other cases —that is, imported packaged food not processed 
or packaged in Australia —the label on the package must state the overseas country of origin of the 
food in the package or, if the food was packaged using food from more than one country, a 
statement indicating the country where the food wa s packaged and that the food is of multiple 
origins  or is comprised of  ingredients  imported  into that country.  
This subsection represents the minimum requirement for country of origin statements on imported 
foods. Section 26 allows for a standard mark that includes a bar chart (but not a kangaroo l ogo) to 
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 be used voluntarily where an imported food that was not grown, made or produced in Australia 
includes Australian ingredients.  
 
Subsection 15 (4) provides that  for food to which subsection 15(3) applies, excluding  non-priority 
foods, the requisite statement must be in a clearly defined box.  This will assist consumers to find 
country of origin statements more easily on food about which they most wish to know origin 
information, enabling them to make informed purchasing decision.  
 
Sectio n 16 – Fresh fruit and vegetables in transparent packaging  
 
This section effectively allows these foods to be treated as either packaged or unpackaged food  in 
regards to the placement of mandated country of origin labelling statements and marks. As per  
current requirement s under the Food Standards Code, such statements or marks may be on a label 
on the package or, alternatively, accompany the food  or be displayed in connection with its sale . 
 
Subsection 16 (1) specifies that the section applies to  food for retail sale that is solely unprocessed 
fruit and vegetables, whether whole or cut, and that are displayed in a transparent packaging that 
does not obscure the nature or the quality of the products.  All of these foods are priority foods.  
 
Subsection 16 (2) provides that if Division 3  (that is , sections 18 – 25 for food grown, produced, 
made or packaged in Australia) apply , the label ling must meet the requirements of those 
provisions.  
 
Subsection 16 (3) provides that for all other food —i.e. imported food —the label ling must state the 
(overseas) country of origin of the fruit or vegetable or, if the fruit or vegetables are from more 
than one country, must indicate  that the fruit or vegetables are of multiple origins  or are imported  
into that country . 
 
Section 17  – Unpackaged meat, fish, fruit and vegetables  
 
Subsection 17(1) applies country of origin labelling requirements to a list of foods —fruit and 
vegetables, certain meats, or a mix of any of those foods —for retail sale that are displayed for sale 
other than in a package for example on display in a cabinet. All of these foods are priority foods.  
 
Subsection 17(2) provides that if the provisions of Division 3 that apply to the food grown, 
produced or made (but not packaged) in Australia (that is, sections 18, 1 9, 20, or 24), the food 
must bear a label, or have labelling that accompanies the food or is displayed in connection with its 
sale, which meet the requirements of the provisions of Division 3.  
 
Subsection 17(3) provides that labelling for all other food not grown, produced or made in 
Australia —that is, imported unpackaged foods —must state the (overseas) country of origin of the 
food or, if it is from more than one (overseas) country, must indicate  that the product is of multiple 
origins  or is comprised of  ingredients  imported  into that country . 
 
Subsection 17(4) provides that, notwithstanding subsection (2) or Division 3, when a single 
ingredient food (for example, a fruit or a vegetable) is displayed for sale in mixed bins that contain 
Australian and imported items, then the food complies with this section if the labelling that is 
displayed in connection with its sale indicates the mixed origin of the produce.  
  
This means the logo and bar chart are not required for mixed bins that include some unpacka ged 
Australian food. This is because there is no guarantee that the proportion of Australian food would 
remain constant.  
 
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 Where the seller chooses to label individual items of unpackaged food with the country of origin, 
rather than the display, the label o n each item of food will need to meet the requirements of 
subsection 2 or subsection (3), as appropriate.  
Example:  A basket in a shop with lemons from both Australia and Chile could indicate that the fruit in the basket is of mixed 
origins, or that it con tains Australian and Chilean lemons. Alternatively, each lemon would need to be labelled with its 
country of origin in accordance with subsection (2) or (3), as appropriate.  
 
Subsection 17(5) clarifies that this section also applies to the unpackaged foods  listed in subsection 
17(1) if they have been processed in certain ways, including having been cut, filleted, sliced, 
minced, pickled, cured, dried, smoked, frozen, or preserved by other means, or marinated or 
cooked.  
 
Division 3  – Labelling requirements f or food grown, produced, made or packaged in 
Australia  
 
This d ivision provides specific country of origin marks that must be applied to food that has been 
grown, produced, made or packaged in Australia . Where certain criteria are met, it also provides for 
alternatives to those marks, and for additional information that must or that may be added to those 
marks. Each provision sets out which elements of the standard marks —kangaroo logo, bar chart 
and/or text statements —must or may be used in the mark. Where a  mark does not require or permit 
an element, such as the kangaroo logo, that element must not be included in the mark. The Division 
covers requirements for:  
 Food grown, produced or made in Australia exclusively from Australian ingredients  
(section  18); 
 Other food made in Australia (section 19);  
 Food grown, produced or made in Australia covered by section 18 or 19 that is exported and 
re-imported (section 20);  
 Food made in Australia with varying Australian content that would otherwise be covered by 
sectio n 19 – or that would be covered by sections 18 and 19 at different times of the year 
(section 21);  
 Food packaged in Australia that includes food which was not grown, produced or made in 
Australia (section 22);  
 Food packaged in Australia with varying Austra lian content that would otherwise be 
covered by section 22  (section 23);  
 Non-priority food grown, produced or made in Australia that would otherwise be covered by 
section 18 or 19 (section 24); and  
 Non priority food packaged in Australia that would otherwi se be covered by section 22  
(section 25) . 
 
Food to which sections 18 –21 apply are required to carry the kangaroo logo, bar chart and a text 
statement. Food to which Sections 22 and 23 apply —foods that are packaged in Australia, but that 
contain food that w as not grown, produced or made in Australia —must carry the bar chart and a text 
statement, but not the kangaroo logo.  
 
Section 18 – Food grown, produced or made in Australia exclusively from Australian ingredients  
 
Section 18 provides four choices of stand ard marks —each combining all three elements, in either a 
vertical or horizontal format —for food grown, produced or made in Australia from exclusively 
Australian ingredients, where all or virtually all processing has occurred in Australia. For food that 
is grown or produced in Australian a number of variations of those terms are permitted.  
Example:  Tasmanian grown salmon would carry the kangaroo logo, the full (100%) bar chart and any one of the following text 
statements: ‘Grown in Australia’, ‘Australian Grown’, ‘Produced in Australia’, ‘Product of Australia’, ‘Produce of 
Australia’, ‘Australian Produce’, ‘Made in Australia from 100% Australian ingredients’, ‘Made in Australia from 
Australian ingredients’ or ‘Australian Salmon’.  
 
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 Section 19 Other food made  in Australia  
 
Section 19 provides standard marks  for food grown, produced or made in Australia where not all 
the ingredients are exclusively of Australian origin. There are four types of standard mark, 
dependent on the extent to which the food contains Au stralian ingredients. Each mark combines all 
three elements in either a vertical or horizontal format. The kangaroo logo is required to indicate 
that the food was made in Australia. The bar chart and text statement reflect the extent to which the 
ingredien ts are of Australian origin.  
 
Subsection 19(2) applies i f some of the food’s ingredients are  at least partly of Australian origin, It 
requires that the bar chart is the bar chart from Section 10 that appropriately represents the 
proportion of the food’s Au stralian ingredients; and that the text statement be in the form ‘Made in 
Australia from at least P% Australian ingredients’, where P is a whole number, ranging from 1 –99, 
that is not more than the proportion of the food ’s Australian ingredients calculated  according to 
subsection 11(1).  
 
Subsection 19(3) provides alternative to the standard marks set out in subsection (2) for food that is 
made in Australia but that has less than 10 per cent Australian ingredients. In this case, the bar 
chart is filled to th e 5% level and the text statement is in the form ‘Made in Australia from less 
than 10% Australian ingredients’.  
 
Subsection 19(4) applies to food that is made in Australia but has no Australian ingredients. In this 
case, an empty bar chart is required, and  the text statement must either state that the food is ‘Made 
in Australia from 0% Australian ingredients’ or ‘Made in Australia from imported ingredients’.  
 
Subsection 19(5) permits an addition to the text statement that identifies the country of origin of  
one or more specific ingredients of the food, provided each such ingredient is exclusively from the 
country indicated.  
Example s: A frozen pecan pie made in Australia from local ingredients except for American pecan nuts might state: ‘Made in 
Australia fro m at least 95% Australian ingredients’ (according to subsection 19(2)). The statement might also include the 
addition 'with pecan nuts from the USA’ (according to subsection 19(5)).  
 
An oriental stir -fry sauce made in Australia that has 6 per cent Australi an ingredients has two options. The label can 
either state ‘Made in Australia from at least 6% Australian ingredients’ (according to subsection 10(2)) or ‘Made in 
Australia from less than 10% ingredients’ (according to subsection 10(3)).  In either case, th e label might include the 
addition ‘with peas, corn and carrots from New Zealand’ (according to subsection 19(5)).  
 
Pork sausages made in Australia from fully imported ingredients, including Danish pork, could state ‘Made in Australia 
from imported ingredi ents’ or ‘Made in Australia from 0% Australian ingredients’ (according to subsection 19(4)). The 
label might include the addition ‘with pork from Denmark’ (according to subsection 19(5).  
 
Section 20 – Food grown, produced or made in Australia that is expor ted and re -imported  
 
Section 20 provides additional mandatory labelling requirements for food to which sections 18 or 
19 apply where that food has been exported and re -imported after having undergone minor 
processing  overseas. In these cases, the processing that occurred overseas must not qualify as 
substantial transformation and must not include addition of non -Australian ingredients to the food. 
The text statement in the standard mark is required to include a description, in brackets, of the 
processing that occurred overseas, in addition to the logo, bar chart and statement of proportion of 
Australian ingredients, as appropriate.  
Example:  The label for Australian macadamias that are sent to Fiji for shelling, sorting and packaging and are then ret urned to 
Australia for sale need to include in the statement that they were ‘(shelled, sorted and packaged in Fiji)’.  
 
Section 21 – Varying Australian content – food made in Australia  
 
Section 21 provides alternative labelling options to those imposed by s ections 18 and 19 for foods 
where there is variability in the percentage of ingredients that are Australian. For example, one or 
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 more ingredients might be subject to reduced availability due to seasonality, leading to them being 
imported for certain period s of the year. Alternatively for reasons of price fluctuations, the 
producer may regularly switch between Australian and overseas suppliers of an ingredient.  
 
To allow for such variability without imposing frequent label changes on the food producer, this 
section allows for claims of Australian origin that include a statement of the average proportion of 
the food’s Australian ingredients based on a defined period (1 –3 years – see subsection 11(2)). 
Such claims are valid for up to two years beyond the period  upon which the average is based. 
However, to avoid consumers being misled, the provision includes a requirement for lot -specific 
information to be available off -label, with information on how to access such information provided 
to consumers in the standar d mark (see section 13).  
 
Subsection 21(1) specifies that the section applies to foods where the proportion by ingoing weight 
of the food’s Australian ingredients varies over time.  
 
Subsection 21(2) provides that the requirements of sections 18 and 19 are satisfied if the labelling 
includes: one of the standard marks described in this section; any information that is needed to 
enable a consumer to obtain information  on the food’s actual proportion of Australian ingredients,  
(such as a barcode or other devic e, batch number, lot, date of manufacture or date mark , in 
accordance with section 13 ); and the period used to calculate the average (if not provided on the 
labelling).  
 
Subsection 21(3) details the appropriate standard marks for food where the average pro portion by 
weight of the Australian ingredients is not less than 1 per cent. These labels include the kangaroo 
logo, an appropriate bar chart in accordance with section 10, a statement that the food was made in 
Australia, a statement that reflects the aver age proportion of Australian ingredients calculated in 
accordance with subsection 11(2), and a statement about how to find details on the actual 
proportion of Australian food in accordance with section 13.  
 
Subsection 21(4) details optional standard marks for food where the average proportion by weight 
of the Australian ingredients is less than 10 per cent.  These labels include the kangaroo logo, bar 
chart filled to the 5% level, a statement that the food was made in Australia, a statement that the 
food con tains less than 10% Australian ingredients (calculated in accordance with subsection 
11(2)), and a statement about how to find details on the actual proportion of Australian food in 
accordance with section 13.  
Example:  A pasta sauce containing 50% tomatoes  (by ingoing weight) is made in Australia exclusively from Australian ingredients 
for nine months of the year, but uses imported tomatoes for three months of the year due to seasonal availability of 
tomatoes.  
Based on a 1 year 87.5% average Australian con tent, subsection 21(3) allows the producer to label the product with a 
standard mark that includes an average Australian content statement along the following lines: “Made in Australia – 
ingredient sources vary – average 87% Australian ingredients. Visit [ website] for details”.  
The standard mark would also include the kangaroo logo and a bar chart filled to the 80% level.  
The website address would enable a consumer to find out that the particular batch of the product they purchased, or were 
considering purchasing, had either 100% or 50% Australian ingredients, as the case may be, and would indicate the time 
period upon which the average content statement was based.  
 
Section 22  – Food packaged in Australia that includes food not grown, produced or made in  
Australia  
 
Section 22 provides for the use of a standard mark on the labels of food packaged in Australia 
where some of the food in the package has not been grown, produced or made in Australia. The 
standard mark can state that the food is packed or packa ged in Australia, but it cannot include the 
kangaroo logo because it contains food that was not  grown, produced or made in Australia.  
 
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 Subsection 22(1) specifies that the section applies to food packaged in Australia where some of the 
food in the package h as not been grown, produced or made in Australia.  
 
Subsection 22(2) applies i f at least 1 per cent of the food in the package is of Australian origin. It 
requires that the bar chart is the bar chart from Section 10 that appropriately represents the 
proport ion of the food’s Australian ingredients; and that the text statement be in the form ‘Packed 
in Australia from at least P% Australian ingredients’, where P is a whole number, ranging from  
1–99, that is not more than the proportion of the food ’s Australian  ingredients calculated according 
to subsection 11(1).  
Example : For rice grown in Australia packaged with less than 10 per cent of imported wild rice, the text statement in the standard 
mark may state ‘Packaged in Australia from at least 90% Australian ing redients’.  
 
Subsection 22(3) provides an alternative to the subsection (2) standard mark for food that is packed 
in Australia but has less than 10 per cent Australian ingredients. In this case, the standard mark 
includes a bar chart filled to the 5 per cen t level and the text statement in the form ‘Packed in 
Australia from less than 10% Australian ingredients’.  
Example : For organic bircher muesli with 8 per cent dried organic fruit grown in Australia and 90 per cent organic cereals from 
Switzerland, the lab el may state that the food was ‘Packaged in Australia from at least 8% Australian ingredients’ or 
‘Packed in Australia from less than 10% Australian ingredients ’. 
 
Subsection 22(4) provides that where none of the food in the package has been grown, produce d or 
made in Australia and the ingredients originate exclusively from another country, the labelling 
must include a statement that the food was grown, produced or made in that country, as 
appropriate . The subsection alternatively permits use of a standard mark with an empty bar chart 
and a text statement that includes the required country of origin statement along with a statement 
that the food was packed in Australia. The kangaroo logo is not permitted.  
Example : For quinoa grown in Peru and imported in bul k and packaged in Australia, the text statement could read ‘Peruvian 
quinoa, packaged in Australia’, as long as the standard mark included the empty bar chart.  
 
Subsection 22(5) provides that where none of the food in the package has been grown, produced o r 
made in Australia and the ingredients originate in more than one overseas country, the labelling 
must include a standard mark with an empty bar chart and a text statement that indicates that the 
food was packed in Australia from imported ingredients or, alternatively, from 0 per cent 
Australian ingredients.  
Example : For organic bircher muesli with 5 per cent dried organic fruit grown in America, 5 per cent dried cranberries from Canada 
and 90 per cent organic cereals from Switzerland, the standard mark wo uld include the empty bar chart and could state 
that the food was ‘Packaged in Australia from imported ingredients’.  
 
Subsection 22(6) permits an addition to the text statement in the standard mark required or 
permitted under section 22 that identifies the  country of origin of one or more specific ingredients 
of the food, provided each such ingredient is exclusively from the country indicated.  
Example:  ‘Packed in Australia from at least 80% Australian ingredients with peanuts, almonds and macadamia nuts fro m Australia 
and walnuts from the United States of America.’  
‘Packed in Australia from imported ingredients with mangoes from the Philippines and cranberries from Canada.’  
 
Section 23 – Varying Australian content – food packaged in Australia  
 
Section 23 provides alternative labelling options to those imposed by section 22 for foods 
packaged in Australia where the proportion by weight of the food’s Australian ingredients varies 
over time . The labelling options are similar to the alternative marks provided in section 21  for food 
made in Australia.  
 
Subsection 23(1) specifies that the section applies to food to which section 22 applies but for 
which the proportion by weight of the Australian ingredients varies over time.  
 
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 Subsection 23(2) provides that requir ements of section 22 are satisfied if: the labelling includes 
one of the standard marks described in this section;  any information that is needed to enable a 
consumer to obtain information  on the food’s actual proportion of Australian ingredients ( such as a 
barcode or other device, batch number, lot, date of manufacture or date mark , in accordance with 
section 13 ); and the period used to calculate the average (if not provided on the labelling).  
 
Section 23(3) details the appropriate standard marks for food where the average proportion by 
weight of the Australian ingredients is at least 10 per cent.  These labels include an appropriate bar 
chart in accordance with section 10, a statement that the food was packed or packaged in Australia, 
a statement that reflects the average proportion of Australian ingredients calculated in accordance 
with subsection 11(2), and a statement about how to find details on the actual proportion of 
Australian food in accordance with section 13. The kangaroo logo is not permitte d. 
 
Subsection 23(4) details optional standard marks for food where the average proportion by weight 
of the Australian ingredients is less than 10 per cent.  These labels include a bar chart filled to the 5 
per cent level, a statement that the food was pack ed or packaged in Australia, a statement that the 
food contains ‘less than 10% Australian ingredients’ (calculated in accordance with subsection 
11(2)), and a statement about how to find details on the actual proportion of Australian food in 
accordance wit h section 13. The kangaroo logo is not permitted.  
 
Section 24 – Non-priority food  grown, produced or  made in Australia  
 
Section 24 provides that non -priority food (as defined in section 9) that was grown, produced or 
made in Australia is taken to comply wi th a requirement under section 18 or 19 if, instead of  a 
specified mark , the labelling includes a statement that the food was grown, produced or made in 
Australia, as appropriate. There is no requirement: to indicate the proportion of Australian 
ingredient s; to provide a logo or bar chart; or to provide the statement in a clearly defined box.  
Example : Anzac biscuit made in Australia from any combination of Australian and/or imported ingredients need only provide a 
legible country of origin statement on the label that indicates that the biscuits were made in Australia.  
 
Section 25 – Non-priority food packaged in Australia  
 
Section 25 provides that non -priority food that was packaged in Australia using food that was not 
exclusively grown, produced or made in A ustralia is taken to comply with a requirement under 
section 22 if, instead of a specified mark , the labelling includes:  
 a statement of the country of origin of the food if the food is from a single country (it may 
optionally include a statement that the food was packaged in Australia); or  
 if the food is from more than one country, a statement that the food was packaged in 
Australia and that indicates the food or its ingredients are from multiple origins or was 
imported.  
 
There is no requirement : to indic ate the proportion of Australian ingredients; or bar chart; or to 
provide the statement in a clearly defined box. The kangaroo logo is not permitted.  
 
Division 4 – Imported foods with Australian ingredients  
 
Section 26 – Imported foods with Australian ingredients  
 
As specified in subsection 26(1), section 26 provides for optional labelling of imported foods —that 
is, foods that cannot claim to have been grown, produced, made or packaged in Australia —with a 
standard mark that , in addition to a statement a bout the country in which the food was grown, 
produced, made or packaged,  includes a bar chart and statement of the proportion by weight of the 
food’s Australian ingredients. Such standard marks cannot include the kangaroo logo because the 
food is not grow n, produced or made in Australia.  
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Subsection 26(2) provides for the standard mark on the label, where the  food is made overseas 
from 100 per cent Australian ingredients, to include a full bar chart and a statement that the food is 
‘made in the [specified country ] from 100 per cent  Australian ingredients ’. 
Example : Cheese made in New Zealand from 100% Australian ingredients might carry a standard mark with full bar chart and a 
statement that reads ‘Made in New Zealand from 100% Australian ingredients ’. 
 
Subsection 26(3) provides for the standard mark on the label, for food made or packaged overseas 
with at least 1 per cent Australian ingredients by weight, to include the bar chart from Section 10 
that appropriately represents the proportion of the food’s Australian ingredients; and a text 
statement  that indicates that the food was made (or packaged, as appropriate) in the specified 
country from at least P% Australian ingredients , where P is a whole number, ranging from 1 –99, 
that is not more than the propo rtion of the food’s Australian ingredients calculated according to 
subsection 11(1).  
Example : Mixed nuts packaged in Indonesia using 20 per cent Australian macadamias might carry a standard mark with 20 per cent 
bar chart and a statement that reads ‘Packed  in Indonesia  from at least 20%  Australian ingredients ’. 
 
Section 26(4) provides an alternative labelling option for food grown, produced, made or packed 
overseas where less than 10 per cent  of the ingredients by weight is Australian. The labelling may 
include a standard mark  including the 5 per cent  filled  bar chart and a text sta tement indicating that 
the food has been grown, produced,  made or packed in the relevant country from ‘less than 10% 
Australian ingredients ’. 
 
Section 26(5) permits an addition to  the text statement in a standard mark permitted under section 
26 that identifies the country of origin of one or more specific ingredient of the food, provided 
each such ingredient is exclusively  from the country indicated.  
Example : A text statement inclu ded as part of a permitted standard mark under section 26 might state that the product is ‘Produced 
in New Zealand from less than 10% Australian ingredients with New Zealand lamb and Australian rosemary and mint’.  
 
Part 3 – Other sales where country of origin information must be provided  
 
Section 27 – Sales for which labelling is not required but in relation to which information must be 
made available  
 
Section 27 enables an Australian retailer or food processor who purchases foods or ingredients for 
on-sale to request and obtain from the original seller  (in writing, if requested) any country of origin 
information needed to meet the requirements of this Information Standard.  
 
Part 4 – Legibility requirements, prohibitions and providing additional informati on 
 
Section 28 – General legibility requirements  
 
Section 28 provides general legibility requirements for marks and statements required or permitted 
under this Information Standard, including minimum type sizes for such information when it 
accompanies unpackaged  food for sale or is displayed in connection with its sale.  
 
The section also notes that, to ensure consistency with the Information Standard, a style guide has 
been published on the website of the Department of Industry, Innovation and Science.  The Style 
Guide pro vides guidance on how the labels should be placed on products, their packaging or 
displays, and how those labels should look, including any colour specifications.  
 
This guidance is based on the requirements of this information standard.  
 
Section 29 – Restrictions on other uses of logo and bar chart in relation to food sold in Australia  
 
Authorised Version Explanatory Statement registered 15/04/2016 to F2016L00528 
 Section 29 protects the use of the kangaroo logo and the bar chart  in relation to food sold in 
Australia , including in off -label uses such as displays, b rochures and websites. It requires the use 
of the bar chart and/or logo in these circumstances to comply with Part 2 of the Information 
Standard , whether or not Part 2 applies .  
 
For example, if the kangaroo logo or a bar chart is used voluntarily:  
 on a we bsite or in a brochure when advertising food for sale in Australia ; 
 on unpackaged food sold in Australia that is not required to carry a country of origin label 
under subsection 17(1) ; or  
 on a menu relating to  food sold in a restaurant  in Australia  (exempted from the application 
of Part 2 of this Information Standard  under subsection 14(2)),  
the kangaroo logo or bar chart must be used as part of a standard mark that complies with the 
requirements of Division 3 or Division 4 of the Information Standa rd.  
 
While the Information Standard does not seek to restrict the use of the kangaroo logo or bar chart 
on food that is not sold in Australia, such food may still carry a standard mark that meets the 
requirements of Division  3 or Division 4 of this Inform ation Standard.  
 
Where the kangaroo logo is used on a food product sold overseas, but it does not meet the 
requirements set out in Division 3 of this Information Standard, it will need to meet the 
requirements for the Australian Made Australian Grown cert ification trade mark  managed by 
Australian Made Campaign Limited (see also section 5).  
 
The use of the kangaroo logo on non -food products is also governed by the requirements of the 
Australian Made Australian Grown certification trade mark managed by Aust ralian Made 
Campaign Limited. This Information Standard does not seek to restrict the use of the kangaroo 
logo or bar chart on these products (see also section 5).  
 
Section 30 – Provision of additional material not prevented  
 
Section 30 provides that noth ing in the Information Standard is intended to prevent additional 
information on country or region of origin to be provided on food labelling or in other ways, as 
long as such representations and claims comply with Australian Consumer Law provisions 
regard ing false or misleading representations and misleading or deceptive conduct.  
 
Section 31 – Record keeping  
 
Section 31 requires those selling food in Australia to keep the records they relied on to support 
country of origin representations about the food or its ingredients for at least 12 months after the 
sale of the food. Unpackaged single ingredient food is exempted from  this requirement.  
 
If the food sold in Australia carries an average proportion of Australian ingredients label, the 
records used to calculate the average under subsection 11(2) (as well as the actual proportion of 
Australian ingredients provided to consu mers in accordance with sections 13 and 21 or 23) will 
need to be kept for 12 months from the sale of that food.  
 
Section 32 – Provision of information to the regulator  
 
Section 32 provides that , on request , the seller of the food must provide to the regulator —for 
example, the Australian Competition and Consumer Commission (ACCC) or a state and territory 
consumer affairs regulator —any information that is relevant to an assessment of whether the sale 
complied with this Information Standard  and that the seller holds or is able to access at the time of 
the request.  This requirement includes, but is not limited to, records that must be kept under 
section 31, if any.  
Authorised Version Explanatory Statement registered 15/04/2016 to F2016L00528 
 Note:  See section 2 of the Australian Consumer L aw for the meaning of ‘regulator’.  
Part 5 – Transition provisions  
 
Section 33 – Food that complies with the Food Standard Code country of origin labelling 
requirements  
 
Section 33 provides that , during the transitional period of 24 months , foods that fall under sections 
15, 16 or 17 are allowed to continue to be labelled under the Food Standards Code as it stood 
immediately before the day of commencement of the Information Standard .  
 
Subsections 33 (2) and (3) provides for food that is labelled and already  in stock or trade before the  
end of the transition period . If labelled correctly according to the Food Standard Code before or 
during the transition period, such  products  may remain on sale throughout the transition period, 
and after it ends .  
 
Subsection  33 (4) allows  the kangaroo logo to continue to be used  during the transition period by a 
person in accordance with the licence provided by the Australian Made Campaign Limited.  
 
Subsection 33 (5) provides for the interpretation of the term ‘commencement day’ and for when a 
label  is considered to have been attached to food.  
Dictionary  
 
The Dictionary provides for general definitions, the meaning of medical institutions and the 
definitions of particular foods —that is, non -priority foods and other foods.   
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS  
 
Prepared in accordance with Part 3 of the Human  Rights  (Parliamentary  Scrutiny)  Act 2011  
 
Country of Origin Food Labelling Information Standard  2016  
 
This Information Standard is compatible with the human rights and freedoms recognised or 
declared in the international instruments listed in section 3 of the Human Rights (Parliamentary 
Scrutiny) Act 2011 . 
 
Overview of the Regulation  
 
The Re gulation prescribes country of origin labelling requirements for food for human consumption 
sold in Australia.  
 
Human rights implications  
 
This Regulation does not engage any of the applicable rights or freedoms.  
 
Conclusion  
 
This Regulation is compatible  with human rights as it does not raise any human rights issues.  
 
 
 
Authorised Version Explanatory Statement registered 15/04/2016 to F2016L00528