Document ID: chunk:federal_register_of_legislation:F2016C00156:body:0:p15
Version: federal_register_of_legislation:F2016C00156
Segment Type: other
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Character Range: 39640–42646

other applicable laws, such as the Australian Consumer Law (Commonwealth legislation) and the New Zealand and State and Territory Fair Trading Acts. The provisions in these Acts, particularly relating to conduct which is false, misleading or deceptive, apply to the supply of food in trade and commerce.

The prevention of misleading or deceptive conduct is one of the primary subsection 18(1) objectives in the FSANZ Act that must be satisfied by FSANZ in developing or varying a food standard.

The ACCC is responsible for ensuring compliance with the Australian Consumer Law. The substantive provisions of the Australian Consumer Law are expressly limited to activities undertaken by corporations, subject to certain exceptions and qualifications. State and Territory fair trading laws are not subject to these constitutional limitations, and so fill the gaps left by the limited application of the Australian Consumer Law. The Code is usually given legal force through State legislation and is enforced by the States and Territories and by the Australian Government at the border.

     3.2.5 Nutrition information labelling

An application is required to vary the Code to change the labelling requirements which are in place to provide nutrition information.

The following additional information is required to support an application related to food labelling for nutrition information.

This information is in addition to that specified in Guidelines 3.1.1 – General requirements and 3.2.1 – General food labelling.

     A Additional information to support a change to the nutrition information labelling of a food

The following additional information is required to support an application to include or remove nutrition information on a food label or to change the way in which the label currently displays the nutrition information.

The application must contain the following information:

     A.1 A description of how the proposed labelling will change the nutrition information labelling of the food

This includes detailed information on the nature and intent of the proposed labelling change, and should indicate the foods or food categories which will be affected.

If applicable, this also includes information on how the proposed labelling of a specific nutrient or energy will affect the declaration of related nutrients.

     A.2 Data to demonstrate that the proposed labelling change will assist consumers. to make an informed choice and will not mislead. them

This includes consumer research data or data obtained from an overseas market where the proposed labelling is in place, to demonstrate the anticipated consumer response to the proposed change.

If applicable, this also includes information to show that alternative measures to provide the nutrition information are not, or would not, be effective.

     B Additional information to establish or vary an energy factor of a food ingredient

The application must contain the following information to support the