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New Australia-only country of origin labelling standard – stage one comes into force on 8 June 2006

Food Standard 1.2.11 – Country of origin requirements (Australia only)

May 2006

Standard 1.2.11 – A summary

Standard 1.2.11 of the Australia New Zealand Food Standards Code sets out Australian requirements for country of origin labelling for packaged foods and certain unpackaged foods. The new standard was gazetted on 8 December 2005 and will replace the transitional country of origin standard (Standard 1.1A.3 Transitional Standard for Country of Origin Labelling Requirements) over time.

The Standard covers packaged and some unpackaged fruit and vegetables, fish and pork. The Standard does not apply to unpackaged cereals, meat other than pork, eggs, edible oils, dairy products, sugar and honey, vinegar and related products, or salt.

Generally, the new Australia-only Standard requires:

• country of origin labelling on all packaged and some unpackaged foods;

• the actual country of origin to be stated on the label (not just a statement that the product is imported);

• labelling to be consistent with the Australian Trade Practices Act when using the terms “Made in [country]” and “Product of [country]”;

• labelling to specify “Made in [country] from local and imported ingredients” where products comprise both local and imported goods (e.g. a bag of mixed nuts) or “Made in [country] from imported and local ingredients”, depending on which is the greater proportion, and in accordance with definitions of these terms in the Australian Trade Practices Act; and

• signage next to containers of unpackaged or bulk foods of mixed origin, either:

• listing the countries the unpacked foods came from; or

• stating that the container contains local and imported ingredients.

Compliance in Australia with the new Standard

The labelling requirements for unpackaged fresh food, unpackaged processed food and fresh food (in packages that do not obscure the nature or quality of the produce) will come into force on 8 June 2006. This includes fresh fruit, vegetables, nuts, and seafood.

The labelling requirements for unpackaged fresh pork and preserved pork products will come into effect on 8 December 2006.

The labelling requirements for packaged food will be phased in over a two-year period from 8 December 2005 to 7 December 2007, to give food manufacturers time to make labelling changes. There will be a further twelve month transition period to 7 December 2008 for stock-in-trade. Full compliance will be required by 8 December 2008.

The transitional country of origin Standard (Standard 1.1A.3 Transitional Standard for Country of Origin Labelling Requirements) continues to operate in parallel to the new Standard for a period of two years, with the exception of those products mentioned above, which will have to comply by 8 June and 8 December 2006, respectively.

The Australia-only country of origin labelling standard can be accessed on the Food Standards Australia New Zealand (FSANZ) website.

FSANZ guidance on the new Standard

A guide to the new standard, “Country of Origin – User Guide”, has been developed by FSANZ. The guide is intended to be used by businesses seeking guidance on compliance with the standard. It outlines the type of country of origin information that must be included on labels placed on fresh and processed, packaged and unpackaged food sold in Australia.

Businesses seeking guidance should contact the relevant state or territory enforcement agency in Australia for advice. A list of contacts is provided at the end of the guide. Additionally, those exporting food products from New Zealand should contact their importer to check requirements.

Guidance on the Trade Practices Act

The Australian Trade Practices Act 1974 governs the label claims “made in” and “produced in” in Australia. The Australian Competition and Consumer Commission has developed guidance on the Trade Practices Act for the food and beverage industry – “Food and beverage industry: country of origin guidelines to the Trade Practices Act”.

New Zealand

The New Zealand Government varied from the country of origin standard, so it is an Australia-only standard. The Trans-Tasman Mutual Recognition Arrangement generally provides that goods legally able to be sold in New Zealand can legally be sold in Australia, and vice versa. New Zealand products may generally be sold in Australia if they comply with New Zealand’s labelling requirements.

For further information

For further information, call the NZFSA information line on 0800 693 721, or speak to Australian authorities or your exporter.