Document ID: chunk:federal_register_of_legislation:F2016C00156:body:0:p14
Version: federal_register_of_legislation:F2016C00156
Segment Type: other
Provision Reference: 
Character Range: 36767–39905

a 'market failure'.

In the case of deceptive conduct to mislead. the consumer, this would be dealt with under Australian Consumer Law, rather than through a variation to the Code.

Note:

FSANZ is required by paragraph 18(2)(e) of the FSANZ Act to have regard to any written policy guidelines formulated by the Forum.

For the labelling of GM, irradiated or novel foods, or other foods using new technologies, the relevant Policy Guideline is the Labelling of Foods produced or processed using New Technologies.

FSANZ will have regard to these policy principles during the assessment of applications involving foods produced or processed using new technologies. The Guideline is available at http://www.foodstandards.gov.au/code/fofr/fofrpolicy/Pages/default.aspx.

The information requirements outlined below take the Policy Guideline into consideration.

The following additional information is required to support an application related to food labelling for consumer information and choice.

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 related to assisting consumers. to make an informed choice

The application must contain the following information:

     A.1 Information to show that the current labelling, or lack of labelling, or information from alternative sources does not allow consumers. to make an informed choice

This includes information to show that consumers. have a limited ability to make an informed choice based on the information provided on the label and that consumers. are unable to source the necessary information from alternative sources.

     A.2 Information to show that there are no, or a limited number of, suitable substitute products in all food categories currently available to consumers

     A.3 Information to show that the proposed specific labelling change will assist consumers. to make an informed choice or will provide alternative labelling that will not hinder consumers. from making an informed choice

This includes information on the proposed specific labelling change and consumer research data to demonstrate the appropriate consumer response to the proposed change, or data from an overseas market where the proposed labelling is currently used.

     A.4 Information to demonstrate that, in the absence of the proposed labelling, alternative measures to address the issue would not be effective

This includes information on one or more of the following alternative measures:

(a) voluntary labelling (e.g. endorsement or product approval programs)
(b) self-regulation (e.g. codes of practice)
(c) other legislative measures (e.g. trade practices)
(d) national manufacturing standards (including those developed by Standards Australia)

Note:

The Code should be read. in conjunction with 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