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 and Agriculture portfolios set policy, in Mandates country of consultation with state and territory origin labelling for most governments. food (including Australia New Food Standards Australia New Zealand beverages) offered for Zealand Food develops standards. retail sale in Australia. Standards Code and territory food regulators Excludes food offered for enforce in Australia. immediate consumption in Department of Agriculture and Water selected venues. Resources enforces at the border. The Legislative and Governance on Consumer Affairs sets policy on the Prohibits false or ACL as part of a consultative process misleading place of origin governed by an Intergovernmental representations, and Agreement. misleading or deceptive Australian The ACCC and state and territory conduct Consumer Law consumer affairs agencies jointly (Schedule 2 to the administer and enforce the ACL. Competition and Consumer Act 2010) The Industry, Innovation and Science Provides safe harbour portfolio sets the policy for safe harbour defences for country of defences, in consultation with state and origin representations that territory governments, the ACCC and meet certain criteria. state and territory consumer affairs agencies enforce. Commerce (Imports) Requires certain goods, Regulations 1940, including all imported food made for the (including beverages), to Department of Immigration and Border purposes of the be labelled with the Protection. Commerce (Trade country in which they are Descriptions) Act made or produced 1905 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.
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.
RIS-for-consultation-for-country-of-origin-labelling-for-food.docx