Country of Origin Food Labelling Amendment (Legibility) Information Standard 2017

Administered by Department of Industry, Science and Resources

Legislation au F2017L01009 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Country of Origin Food Labelling Amendment (Legibility) Information Standard 2017

 

Authority

The Country of Origin Food Labelling Amendment (Legibility) Information Standard 2017 (amending Information Standard) is made under section 134 of the Australian Consumer Law.

 

Background

The Country of Origin Food Labelling Information Standard 2016 (the Information Standard) commenced on 1 July 2016 (with a two year transition period) to improve consumer confidence in country of origin labelling for food. The Information Standard gives effect to a decision made by Australian governments on 31 March 2016 through the Legislative and Governance Forum on Consumer Affairs (the Forum). That decision was based on a Regulatory Impact Statement (RIS) (http://ris.pmc.gov.au/2016/04/22/country-origin-labelling-food) which built on consumer research, stakeholder consultations and an analysis of regulatory options and their costs and benefits.

As described in the RIS, the objective of the reforms was to provide increased information to consumers without overly increasing costs. Following commencement of the Information Standard, the Department of Industry, Innovation and Science (DIIS) became aware that businesses were facing greater challenges than anticipated in implementing country of origin marks for unpackaged food that met the requirements set out in subsection 28(4) of the Information Standard. These unanticipated challenges put businesses of all sizes at risk of incurring implementation costs higher than estimated in the RIS. Amendment of this subsection to better align it with the overarching legibility provision of the Information Standard ensures the reforms will meet the agreed objective. 

 

Purpose and operation

The purpose of this amending Information Standard is to amend section 28 (dealing with the general legibility requirements) and related sections, to better reflect the reform objective agreed to by the Legislative and Governance Forum on Consumer Affairs (the Forum) on 31 March 2016.

 

Consultation

Key stakeholders from government and the food retailing sector have been consulted on the changes. Given the amendments are aimed at better reflecting the policy underpinning the 31 March 2016 decision by the Forum, they are considered to be minor or inconsequential.


Detailed explanation of the Instrument’s provisions

Part 1—Preliminary

 

Section 1—Name of Instrument

 

This section provides the title of the amendment instrument: Country of Origin Food Labelling Amendment (Legibility) Information Standard 2017 (the amending instrument).

 

Section 2—Commencement

 

This section provides that the amending instrument commences the day after it is registered.

 

Section 3—Authority

 

This section provides that the amending instrument is made under section 134 of the Australian Consumer Law.

 

Section 4—Schedules

 

This section provides for the amendment of each instrument specified in the Schedule to this instrument, as set out in the Schedule.

Schedule 1—Amendments

 

Country of Origin Food Labelling Information Standard 2016

 

Item 1—Subsection 17(3) (note)

 

This item amends the note to subsection 17(3) which includes a cross-reference to size requirements in subsection 28(4). The amendment of subsection 28(4) at item 2 means that the size requirement is no longer relevant and the note has been amended to reflect this.

 

Item 2—Subsection 28(4)

 

This item repeals subsection 28(4) and replaces it with a revised subsection 28(4). The new subsection 28(4) outlines a proximity requirement for signage displayed in connection with food when it is sold. This change sees signage displayed in association with foods subject to the same legibility and prominence requirements as labelling on packaged foods and ensures that consumers can clearly identify the product to which the signage relates. In making this change, food retailers are provided with the flexibility to implement the requirements of the information standard in a manner most appropriate to their method of display and the goods requiring labelling.

 

The revised subsection also includes the correction of an incorrect cross-reference from “subsection 17” to “section 17”.

 

Item 3—Section 1 of the Dictionary

 

This item repeals the definition of *size of type from the Dictionary. The amendment of subsection 28(4) at item 2 removes the reference to size of type. As the term is not used in any other provision of the Country of Origin Food Labelling Information Standard 2016 it is no longer relevant.


 

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 Amendment (Legibility) Information Standard 2017

 

This instrument 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 Instrument

 

The Instrument prescribes amendments to country of origin labelling requirements for food for human consumption sold in Australia.

 

Human rights implications

 

This Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Minister for Industry, Innovation and Science, Senator the Hon Arthur Sinodinos AO

 

 

 

 

Overview

The Country of Origin Food Labelling Amendment (Legibility) Information Standard 2017 was enacted to address challenges faced by businesses in implementing country of origin marks for unpackaged food that met the requirements set out in the initial Country of Origin Food Labelling Information Standard 2016. This amending Information Standard was made under section 134 of the Australian Consumer Law, by the Australian Government. The purpose of this amendment is to better align the legibility requirements with the reform objective agreed upon by the Legislative and Governance Forum on Consumer Affairs, thereby ensuring that the reforms meet the intended objective of providing increased information to consumers without overly increasing costs. The amendment primarily focuses on modifying the legibility requirements to offer food retailers flexibility in implementing the requirements in a manner most suitable to their display methods and goods, ensuring consumers can clearly identify the product to which the signage relates. Key stakeholders from government and the food retailing sector have been consulted on the changes, which are considered minor or inconsequential given their aim to better reflect the policy underpinning the original decision. This amending Information Standard is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Country of Origin Food Labelling Amendment (Legibility) Information Standard 2017 amends the 2016 Information Standard, which was introduced to enhance consumer confidence in country of origin labelling for food. This amending legislation applies to all food businesses in Australia, including retailers and manufacturers, who must comply with the legibility requirements when displaying country of origin information. The changes were prompted by difficulties encountered by businesses in meeting the original size requirements of unpackaged food labels, leading to higher costs than anticipated. The amendments are designed to align the legibility requirements with the overarching provisions of the Information Standard, ensuring that the objectives of the legislation are met without imposing excessive burdens on businesses. The changes do not alter the fundamental human rights compatibility as affirmed in the Statement of Compatibility with Human Rights, confirming that the legislation does not engage any of the applicable rights or freedoms. This amending instrument, made under section 134 of the Australian Consumer Law, will come into effect on the day after it is registered.

Key Provisions

The main operative sections of the Country of Origin Food Labelling Amendment (Legibility) Information Standard 2017 (the amending instrument) are sections 28(4) and 1 of the Dictionary (items 2 and 3 of Schedule 1). These sections clarify the legibility requirements for country of origin food labelling, ensuring that signage displayed in connection with unpackaged food is subject to the same legibility and prominence requirements as labelling on packaged foods. This amendment aims to better align with the overarching legibility provision of the Information Standard and provide consumers with clear and consistent information about the country of origin of food products. The amending instrument imposes specific obligations and requirements on food retailers and businesses in the food industry. These obligations include ensuring that signage displayed in association with unpackaged foods meets the legibility and prominence requirements outlined in the amended subsection 28(4). This means that the text must be clear, legible, and prominently displayed to allow consumers to easily identify the product to which the signage relates. Food retailers are provided with flexibility to implement these requirements in a manner most appropriate to their method of display and the goods requiring labelling. Additionally, the amending instrument removes the reference to size of type from the Dictionary, as it is no longer relevant following the amendment of subsection 28(4). The amending instrument does not introduce any new offences, penalties, or civil/criminal consequences for breach. However, businesses that fail to comply with the amended legibility requirements may face enforcement actions by the Australian Competition and Consumer Commission (ACCC) under the Australian Consumer Law. The ACCC has the authority to take legal action against businesses that do not comply with the requirements, which may result in penalties, fines, or other enforcement measures. The maximum penalties for breaches of the Australian Consumer Law are set out in section 232 of the Competition and Consumer Act 2010 and can include fines of up to $1.1 million for corporations and $220,000 for individuals, depending on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.