in English in prominent and legible characters on the main label or brand attached to the food, in a prominent position and permanent as practicable a true description of the goods. Australia also has a range of binding international agreements relating to country of origin labelling that apply to both imports and exports. These agreements establish that regulation in Australia cannot create barriers to trade or favour goods produced in Australian. For example, there is an agreement between the Commonwealth Government, state and territory governments and the New Zealand Government (Trans-Tasman Mutual Recognition Act 1997). The agreement specifies that goods that can be legally sold in each country can be legally sold in the other regardless of differences in standards or regulations. This means that the food standards and consumer law do not apply to food imported from New Zealand if it can already be legally be sold there. However, the Commerce (Trade Descriptions) Act 1905 is exempt from the agreement between Australian and New Zealand, so food and beverages imported from New Zealand must still be labelled with the country in which they are made or produced.
Enforcing the Country of origin labelling framework Responsibility for setting country of origin labelling policies is shared across Commonwealth, state and territory governments. Table 2 provides an overview of these responsibilities. Table 2. Responsibilities for the current framework Element Responsibility Australia New Zealand Food Standards Code Mandates country of origin labelling for most food (including beverages) offered for retail sale in Australia. Excludes food offered for immediate consumption in selected venues. and Agriculture portfolios set policy, in consultation with state and territory governments. Food Standards Australia New Zealand develops standards. and territory food regulators enforce in Australia. Department of Agriculture and Water Resources enforces at the border. Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) Prohibits false or misleading place of origin representations, and misleading or deceptive conduct The Legislative and Governance on Consumer Affairs sets policy on the ACL as part of a consultative process governed by an Intergovernmental Agreement. The ACCC and state and territory consumer affairs agencies jointly administer and enforce the ACL. Provides safe harbour defences for country of origin representations that meet certain criteria. The Industry, Innovation and Science portfolio sets the policy for safe harbour defences, in consultation with state and territory governments, the ACCC and state and territory consumer affairs agencies enforce. Commerce (Imports) Regulations 1940, made for the purposes of the Commerce (Trade Descriptions) Act 1905 Requires certain goods, including all imported food (including beverages), to be labelled with the country in which they are made or produced Department of Immigration and Border Protection. Changing the framework Changing Australia’s country of origin labelling framework requires agreement across different levels of government and amending a number of regulations. This includes: agreement across portfolios with responsibility for food labelling at each level of government the Legislative and Governance Forum on Consumer Affairs, under the Council of Australian Governments, agreeing to change the ACL (with changes then incorporated into relevant legislation) the Australia and New Zealand Ministerial Forum on Food Regulation agreeing to changes to the Food Standards Code (with changes then incorporated into Commonwealth, state and territory food regulations). Depending on the scope of food labelling changes, it may also be necessary to amend trade legislation.
Attachment C - Comparison of country of origin labelling provisions in Australia and other countries Country Mandatory country of origin labelling for food False, misleading or deceptive claim prohibited General requirement for country of origin labelling Basis for determining country of origin Australia Yes (most products). Yes No (food and select imports only) Origin’ not defined. If certain criteria are met, certain claims are accepted as not false, misleading, or deceptive, e.g. ‘made in (country)’ accepted if substantial transformation and cost of production tests are met. Canada Yes (most products). Yes Yes(?) but numerous exemptions ‘the country in which the goods were substantially manufactured” – additional regulations apply (Guidelines provide rules substantially equivalent to ACL provisions). European Union Mandatory for non-EU beef, fish, honey, fresh fruit & vegetables, olive oil. From December 2014, mandatory country of rearing and slaughter for meat from pigs, sheep, goats and poultry, otherwise only if absence misleading. national law No (only certain food or if absence misleading) No EU legislation for determining origin: national legislation of importing country applies. United Kingdom See EU rules. Yes No (only certain food or if absence misleading) Not defined in the law, but guidance states that origin for food from one country which is processed in another is based on ‘the place of last substantial change’.