Standard 1.1A.3
Transitional Standard for Country of Origin Labelling Requirements
[Standard 1.1A.3 to be deleted on 8 December 2007]
Purpose
This Standard incorporates the various country of origin requirements contained in the former Australian Food Standards Code. These requirements operate for a period of two years from the commencement of any corresponding alternative country of origin provisions elsewhere in this Code. This Standard does not apply in New Zealand, other than certain requirements as they relate to wine and wine products.
Table of Provisions
1 Application
2 General requirements
3 Country of origin requirements for fish
4 Country of origin requirements for vegetables
5 Country of origin requirements for nuts
6 Country of origin requirements for fruit
7 Labelling of fruit juices containing imported fruit ingredients
8 Country of origin requirements for orange juice
9 Country of origin requirements for fruit drinks
10 Country of origin requirements for spirits
11 Country of origin requirements in New Zealand for wine and wine products
Clauses
1 Application
(1) Unless the contrary intention appears, for the matters regulated in this Standard, food must comply with this Standard or Standard 1.2.11, but not a combination of, or parts of both.
(2) Subject to subclause (1), food produced in or imported into New Zealand must only comply with clause 11.
(3) Subject to subclause (1), food produced in or imported into Australia must comply with this Standard, other than clause 11.
(4) Subject to subclause 5, this Standard ceases to have effect two years from the commencement of Standard 1.2.11.
(5) Clauses 3, 4, 5 and 6 of this Standard cease to have effect six months from the commencement of Standard 1.2.11.
2 General requirements
(1) The label on a package containing food shall include a statement that identifies the country in which the food was made or produced.
(2) If the label on a package containing food includes:
(a) a statement that identifies the country in which the food was packed for retail sale; and
(b) if any of the ingredients of the food does not originate in the country in which the food was packed for retail sale, a statement –
(i) identifying the country or countries of origin of the ingredients of the food; or
(ii) to the effect that the food is made from ingredients imported into that country or from local and imported ingredients, as the case requires;
the label shall be taken to comply with subclause (1).
(3) The material included on a label under this clause may include a comment on or explanation of that material.
(4) Where the name and address of the manufacturer are set out on the label and the address contains the name of the country in which the food was made or produced, the name and address shall be taken to satisfy the requirements of subclause (1).
(5) In this clause, ‘ingredient’ does not include food additives.
[Clauses 3, 4, 5 and 6 to be deleted on 8 June 2006]
3 Country of origin requirements for fish
(1) In this clause –
fish means a fish or part of a fish ordinarily used for consumption by humankind and includes a crustacean or mollusc.
(2) Subject to subclause (3), if fish, other than fish the country of origin of which is Australia or New Zealand, is displayed for retail sale other than in a package, there must be displayed on or in connection with the display of the fish a label containing, in type of 9 mm, a statement indicating the country of origin of the fish or a statement indicating that the fish is imported.
(3) Subclause (2) does not apply to fish which has been coated with or mixed with one or more other foods, or to cooked fish other than cooked prawns.
4 Country of origin requirements for vegetables
If vegetables, other than frozen, dehydrated or preserved vegetables or vegetables grown in Australia or New Zealand, are displayed for retail sale otherwise than in a package, there must be displayed on or in connection with the display of the vegetables, a label containing, in standard type of 9 mm, a statement indicating the country of origin of the vegetables or a statement indicating that the vegetables are imported.
5 Country of origin requirements for nuts
(1) In this clause -
nuts includes peanuts and coconuts.
(2) If nuts other than nuts grown in Australia or New Zealand are displayed for retail sale otherwise than in a package, there must be displayed on or in connection with the display of the nuts a label containing, in standard type of 9 mm, a statement indicating the country or countries of origin of the nuts or a statement indicating that the nuts are imported.
6 Country of origin requirements for fruit
(1) In this Standard -
fruit means the edible, fleshy fructification of plants, distinguished by their sweet, acid and ethereal flavours.
(2) If fruit, other than preserved fruit or fruit grown in Australia or New Zealand, is displayed for retail sale otherwise than in a package, there must be displayed on or in connection with the display of the fruit a label containing, in standard type of 9 mm, a statement indicating the country of origin of the fruit or a statement indicating that the fruit is imported.
7 Labelling of fruit juices containing imported fruit ingredients
(1) For the purpose of subclause (2), fruit juice, concentrated fruit juice, reconstituted fruit juice, sweetened fruit juice or sweetened reconstituted fruit juice contains an imported fruit ingredient if an ingredient of the food is -
(a) fruit juice or concentrated fruit juice that was imported into Australia; or
(b) a food referred to in paragraph (a) that was prepared in whole or in part from fruit that was imported into Australia.
(2) If fruit juice, concentrated fruit juice, reconstituted fruit juice, sweetened fruit juice or sweetened reconstituted fruit juice offered for sale contains one or more imported fruit ingredients, the label on or attached to a package containing the food must, unless the label expressly indicates that the food is a product of a country other than Australia, include, otherwise than in the ingredient list -
(a) a statement identifying each country of origin of the imported fruit ingredients; or
(b) a statement to the effect that the food is made from -
(i) imported fruit ingredients; or
(ii) imported fruit ingredients and local fruit ingredients;
as the case requires.
8 Country of origin requirements for orange juice
(1) In this clause
orange juice means the liquid portion with or without pulp expressed from the endocarp of sound, mature oranges (Citrus sinensis (L.) Osbeck).
(2) For the purposes of subclause (3), orange juice, reconstituted orange juice, concentrated orange juice or sweetened orange juice contains an imported fruit ingredient if an ingredient of the food is -
(a) orange juice, concentrated orange juice or sweetened orange juice that was imported into Australia; or
(b) a food referred to in paragraph (a) that was prepared in whole or in part from oranges that were imported into Australia.
(3) Where orange juice, reconstituted orange juice, concentrated orange juice or sweetened orange juice offered for retail sale, contains one or more imported fruit ingredients, the label on or attached to a package containing the food must, unless the label expressly indicates that the food is a product of a country other than Australia, include other than in the ingredient list -
(a) a statement identifying each country of origin of the imported fruit ingredients; or
(b) a statement to the effect that the food is made from:
(i) imported oranges, imported orange juice, imported orange juice concentrate or imported sweetened orange juice; or
(ii) imported fruit ingredients and local fruit ingredients ;
as the case requires.
9 Country of origin requirements for fruit drinks
(1) In this clause -
comminuted fruit means the comminuted product prepared from that portion of whole fruit which is normally used for human consumption but does not include the peel of citrus fruit.
concentrated fruit puree means the product obtained by removing some of the water from fruit puree.
fruit drink means a product (other than a fruit juice) prepared from one or more of fruit juice, fruit puree, concentrated fruit juice, concentrated fruit puree, comminuted fruit and orange peel extract and one or more of the following -
(a) water;
(b) mineral water;
(c) mineralised water.
fruit puree means the product obtained by sieving the edible part of whole or peeled fruit without removing the juice.
orange peel extract means the water extract of orange peel, with or without the pulp.
(2) For the purposes of this clause, fruit drink contains an imported fruit ingredient if the fruit drink contains -
(a) fruit juice, concentrated fruit juice, orange peel extract, concentrated orange peel extract that was imported into Australia; or
(b) a food referred to in paragraph (a) that was prepared in whole or in part from fruit that was imported into Australia.
(3) Subclause (4) applies only to fruit drink that -
(a) subject to paragraphs (b) and (c), contains at least 350 mL/L of the fruit or fruits after which it is named; or
(b) in the case of lemon fruit drink, blackcurrant fruit drink, or guava fruit drink - contains at least 250 mL/L of lemon juice, blackcurrant juice or guava juice, as the case may be; or
(c) in the case of pineapple fruit drink, pear fruit drink or apple fruit drink or a mixture of those - contains at least 500 mL/L of pineapple juice, pear juice or apple juice or of a mixture of those juices, as the case may be.
(4) If fruit drink offered for sale contains one or more imported fruit ingredients, the label on a package containing the fruit drink must, unless the label expressly indicates that the fruit drink is a product of a country other than Australia, include, otherwise than in the ingredient list -
(a) a statement identifying each country of origin of the imported fruit ingredients; or
(b) a statement to the effect that the fruit drink was made from -
(i) imported fruit ingredients; or
(ii) imported fruit ingredients and local fruit ingredients;
as the case requires.
10 Country of origin requirements for spirits
(1) Products consisting of imported spirits to which only water or caramel or both has or have been added in Australia shall be considered as wholly produced in the country of origin of the spirit.
(2) There shall be written in the label on or attached to a package containing spirit bottled in Australia from imported bulk spirit, in standard type, the words -
‘BOTTLED IN AUSTRALIA’.
(3) There shall be written in the label on a package containing a blend of spirits produced in more than one country, in standard type, the name of every such country in descending order of proportion, and the proportion of the blend from each of the countries with a deviation from the stated proportion of not more than 10 mL/L by volume.
(4) Save for the purposes of compliance with subclause (2) or (3), the word ‘Australia’ or ‘Australian’ shall not be used in the label on or attached to a package containing spirits the contents of which were not produced wholly in Australia.
11 Country of origin requirements in New Zealand for wine and wine products
(1) There shall be borne on the label on each package of wine or wine product words that clearly indicate the country of origin of the wine or wine product.
(2) If any of the grape juice, concentrated grape juice, potable spirit, or wine spirit used in any wine product originates in a country other than the country of origin of the wine, that country shall be named on the label as a source of ingredients used in the manufacture of the wine product.