Imported Food Control Amendment (Country of Origin) Act 2018
No. 20, 2018
An Act to amend the Imported Food Control Act 1992, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Imported Food Control Act 1992
Imported Food Control Amendment (Country of Origin) Act 2018
No. 20, 2018
An Act to amend the Imported Food Control Act 1992, and for related purposes
[Assented to 28 March 2018]
The Parliament of Australia enacts:
1 Short title
This Act is the Imported Food Control Amendment (Country of Origin) Act 2018.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | 1 July 2018. | 1 July 2018 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Imported Food Control Act 1992
1 Section 3 (definition of national standard)
Repeal the definition, substitute:
national standard means:
(a) a standard that is included in the Australia New Zealand Food Standards Code; or
(b) the Country of Origin Food Labelling Information Standard 2016, as in force from time to time.
Note: The Country of Origin Food Labelling Information Standard 2016 is an information standard made under section 134 of the Australian Consumer Law (see Schedule 2 to the Competition and Consumer Act 2010).
[Minister’s second reading speech made in—
House of Representatives on 19 October 2017
Senate on 19 March 2018]
Overview
The Imported Food Control Amendment (Country of Origin) Act 2018 was enacted by the Parliament of Australia to address the gap in food labelling requirements by ensuring that imported food products explicitly display the country of origin. This Act amends the Imported Food Control Act 1992 to include the Country of Origin Food Labelling Information Standard 2016 as part of the national standard for food labelling. The primary objective of this legislation is to enhance transparency and provide consumers with clearer information about the origin of the food they purchase, thereby supporting informed consumer choices and addressing potential concerns about the sourcing and quality of imported food products. The Act came into effect on 1 July 2018, as stipulated in the commencement provisions of the legislation.
Scope and Application
The Imported Food Control Amendment (Country of Origin) Act 2018 amends the Imported Food Control Act 1992 to introduce significant changes to the regulation of imported food, particularly concerning the labelling of the country of origin for food products. This Act applies to entities involved in the import, export, sale, or distribution of food products within Australia. It mandates that imported food products must comply with specified labelling requirements, including the declaration of the country of origin. The geographic reach of the Act is national, applying uniformly across the Commonwealth of Australia. It is important to note that the Act extends its application through subordinate instruments, which may include regulations and guidelines detailing specific requirements and enforcement mechanisms. The Act does not explicitly state any exclusions or exemptions but focuses on ensuring that all imported food products adhere to the country of origin labelling standards. The amendments came into effect on 1 July 2018, as specified in the commencement provisions of the Act.
Key Provisions
The Imported Food Control Amendment (Country of Origin) Act 2018 (C2018A00020) amends the Imported Food Control Act 1992 by introducing new provisions concerning the labelling of the country of origin of imported food. Section 3 of the amended Act redefines the term "national standard" (subsection 3(1)) to include the Australia New Zealand Food Standards Code and the Country of Origin Food Labelling Information Standard 2016, which mandates the disclosure of the country of origin for specific food items. This amendment takes effect from 1 July 2018.
Entities governed by the Imported Food Control Act 1992 are now obligated to comply with the newly defined national standards, particularly focusing on the accurate labelling of the country of origin for imported foods. This requirement is crucial for ensuring transparency and consumer protection, allowing consumers to make informed decisions based on the food's country of origin. Failure to adhere to these standards could result in non-compliance with the Act and potential legal repercussions.
The Act stipulates several potential consequences for breaches of its provisions. Under the Imported Food Control Act 1992, non-compliance with the country of origin labelling requirements could lead to enforcement actions, including fines. The maximum penalty for contravening these standards can be significant, with specific amounts detailed within the broader framework of the Act. Additionally, persistent or severe breaches may result in further legal action, impacting the reputation and operations of the offending entity.