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2002-2003 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Truth in Food Labelling Bill 2003 No. , 2003 (Senator Brown) A Bill for an Act to enable consumers to know the country of origin, the extent of genetic manipulation and the chemical residues in food, and for related purposesIndex] [Search] [Download] [Bill] [Help]Contents Part 1--Preliminary 1 1 Short title ......................................................................................1 2 Commencement .............................................................................2 3 Purpose .........................................................................................2 4 Administration of Act ....................................................................2 5 Interpretation .................................................................................2 6 Principles relevant to the purposes of the Act .................................3 7 Application and operation of Act....................................................3 8 State laws may operate concurrently...............................................5 9 Act to bind the Crown....................................................................5 Part 2--GM food and animal feed 6 10 Packaged foods ..............................................................................6 11 Unpackaged foods..........................................................................6 12 Exemptions....................................................................................6 13 Animal feed...................................................................................7 14 Accidental contamination...............................................................7 15 Traceability ...................................................................................7 Part 3--Country of origin labelling 9 16 Commonwealth responsible for implementation measures..............9 17 Packaged produce labelled .............................................................9 18 Unpackaged produce labelled.........................................................9 19 Exemptions....................................................................................9 Part 4--Residue information 10 20 Data on residues and contaminants ..............................................10 21 Regulations..................................................................................10 i Truth in Food Labelling Bill 2003 No. , 2003
1 A Bill for an Act to enable consumers to know the 2 country of origin, the extent of genetic 3 manipulation and the chemical residues in food, 4 and for related purposes 5 The Parliament of Australia enacts: 6 Part 1--Preliminary 7 1 Short title 8 This Act may be cited as the Truth in Food Labelling Act 2003. Truth in Food Labelling Bill 2003 No. , 2003 1
Part 1 Preliminary Section 2 1 2 Commencement 2 This Act commences on the day on which it receives the Royal 3 Assent. 4 3 Purpose 5 The purpose of this Act is: 6 (a) to require the Commonwealth to ensure that consumers can 7 exercise their right to know the country of origin, the extent of 8 genetic manipulation and the chemical residues in food; and 9 (b) to protect the health and safety of consumers; and 10 (c) to provide for truth in labelling of food; and 11 (d) to ensure that requirements that effect the provisions of this 12 Act are incorporated into the appropriate regulations, codes, 13 and policies; and 14 (e) to complement the Trade Practices Act 1974; and 15 (f) to complement the Gene Technology Act 2000. 16 4 Administration of Act 17 The Minister responsible for food safety and, in relation to 18 sections 10 to 13, the Minister responsible for consumer affairs, are 19 responsible for the implementation of the provisions of this Act. 20 5 Interpretation 21 In this Act, unless the context otherwise requires: 22 Code means the Australia New Zealand Food Standards Code as 23 defined in the Food Standards Australia New Zealand Act 1991. 24 country of origin means the country in which the produce is grown 25 or, in the case of processed food, the country in which the most 26 significant ingredients, by quantity and food description, are grown. 27 genetic modification, or GM means using recombinant DNA 28 techniques that alter the heritable genetic material of living cells or 29 organisms, and genetically modified has a correspondent meaning. 2 Truth in Food Labelling Bill 2003 No. , 2003
Preliminary Part 1 Section 6 1 genetically modified food, or GM food means food and food 2 ingredients, including additives and flavourings, produced using 3 genetic modification technology. 4 genetically modified feed, or GM feed means animal feed, 5 compounded feedstuffs and feed additives, produced using genetic 6 modification technology. 7 operator means a person who places a product on the market and 8 also a person who receives a product that has been placed on the 9 market at any stage of the production and distribution chain, but 10 does not include the ultimate consumer. 11 traceability means the ability to trace food, animal feed, and 12 ingredients of food and animal feed that are produced using genetic 13 modification technology throughout the production and distribution 14 chains. 15 6 Principles relevant to the purposes of the Act 16 For the purposes of this Act, the following principles apply to every 17 decision made or action undertaken: 18 (a) right to know--every person has the right to be provided with 19 relevant information on a food product so as to be able to 20 make an informed purchasing and consuming decision; 21 (b) truth in labelling--the consumer information on a food 22 product must be accurate, accessible at the point of sale, 23 complete and comprehensible in form, allowing for the free 24 and unhindered exercise of the right to know the contents of 25 the food product by the consumer. 26 7 Application and operation of Act 27 (1) This Act only applies to things done as mentioned in this section. 28 (2) This Act applies to things done: 29 (a) in a Territory; 30 (b) between a State and a Territory or between two Territories. Truth in Food Labelling Bill 2003 No. , 2003 3
Part 1 Preliminary Section 7 1 (3) This Act applies: 2 (a) to things done, or omitted to be done, by constitutional 3 corporations; 4 (b) to things done, or omitted to be done, in the course of 5 constitutional trade or commerce; 6 (c) to things done, or omitted to be done, by a person that relate 7 to quarantine; 8 (d) for purposes connected with fixing standards in relation to 9 activities undertaken by corporations in respect of food 10 before, or in connection with, its sale, where, in the case of 11 trading corporations, those activities are undertaken for the 12 purpose of the trading activities of the corporations; 13 (e) for purposes connected with the labelling of food in the 14 Territories; 15 (f) for purposes connected with controlling the labelling of food 16 supplied to the Commonwealth, its authorities and its 17 instrumentalities; 18 (g) to the Commonwealth and Commonwealth authorities; 19 (h) to things authorised by the legislative power of the 20 Commonwealth under paragraph 51(xxxix) of the 21 Constitution, so far as it relates to the matters mentioned in 22 paragraphs (a) to (g). 23 (4) The provisions of this Act apply to the extent that those provisions: 24 (a) give effect to a prescribed treaty or international agreement; or 25 (b) relate to matters external to Australia; or 26 (c) relate to matters of international concern. 27 (5) In this section: 28 constitutional corporation means a trading, foreign or financial 29 corporation within the meaning of paragraph 51(xx) of the 30 Constitution. 31 constitutional trade or commerce means trade or commerce: 32 (a) between Australia and places outside Australia; or 33 (b) among the States; or 4 Truth in Food Labelling Bill 2003 No. , 2003
Preliminary Part 1 Section 8 1 (c) by way of the supply of services to the Commonwealth or to a 2 Commonwealth authority. 3 8 State laws may operate concurrently 4 (1) This Act is not intended to exclude the operation of any State law, 5 to the extent that the State law is capable of operating concurrently 6 with this Act, other than a State law prescribed by the regulations 7 for the purposes of this section. 8 (2) The Governor-General may prescribe a State law under 9 subsection (1) only if either: 10 (a) the State law relates specifically to dealings with GMOs; or 11 (b) for the purposes of a decision under the State law as to 12 whether or not a licence, authority or approval (however 13 described) is granted under the State law, the State law 14 distinguishes between dealings with GMOs and dealings with 15 other things. 16 9 Act to bind the Crown 17 (1) This Act binds the Crown in all its capacities. 18 (2) Nothing in this Act renders the Crown liable to be prosecuted for an 19 offence. Truth in Food Labelling Bill 2003 No. , 2003 5
Part 2 GM food and animal feed Section 10 1 2 Part 2--GM food and animal feed 3 10 Packaged foods 4 (1) All packaged food derived from genetic modification, or containing 5 an ingredient derived from genetic modification, must be labelled as 6 such regardless of whether or not it contains DNA or protein 7 resulting from that genetic modification. 8 (2) The label required by subsection (1) must contain the words 9 "derived from genetic modification" in conjunction with the name of 10 the food or in association with any specific ingredients derived from 11 genetic modification, or "genetically modified (name of food)" or 12 "contains genetically modified (name of ingredient)". 13 11 Unpackaged foods 14 All unpackaged food, including bulk foods, derived from genetic 15 modification, or containing an ingredient derived from genetic 16 modification regardless of whether or not it contains DNA or 17 protein resulting from that genetic modification, must have 18 displayed in association with the food the words "derived from 19 genetic modification" in conjunction with the name of the food or in 20 association with any specific ingredients derived from genetic 21 modification, or "genetically modified (name of food)" or "contains 22 genetically modified (name of ingredient)". 23 12 Exemptions 24 The following foods are exempted from the provisions of 25 sections 10 and 11: 26 (a) all meat, milk, eggs obtained from animals treated with GM 27 veterinary products, or fed GM food; 28 (b) food produced with the help of GM enzymes; 29 (c) takeaway foods and restaurant meals. 6 Truth in Food Labelling Bill 2003 No. , 2003
GM food and animal feed Part 2 Section 13 1 13 Animal feed 2 (1) All genetically modified animal feed, or animal feed containing an 3 ingredient derived from genetic modification, must be labelled as 4 such regardless of whether or not it contains DNA or protein 5 resulting from that genetic modification. 6 (2) The label required by subsection (1) must contain the words 7 "derived from genetic modification" in conjunction with the name of 8 the food, or in association with any specific ingredients derived from 9 genetic modification, or "genetically modified (name of feed)" or 10 contains "genetically modified (name of ingredient)". 11 14 Accidental contamination 12 (1) Food or animal feed which is contaminated by less than 0.5 % of the 13 product by adventitious GM DNA or protein, that is approved by 14 Food Safety Australia New Zealand, is exempt from labelling, so 15 long as operators can demonstrate that they have used all 16 appropriate steps to avoid the presence of accidental contamination. 17 (2) Food or animal feed which is contaminated by detectable levels of 18 GM DNA or protein that is not approved by Food Safety Australia 19 New Zealand must be labelled as containing GM material. 20 15 Traceability 21 (1) The Governor-General must make regulations prescribing a 22 comprehensive traceability system for all foods and animal feeds 23 containing GM material or derived from GM processes that ensures 24 the ability to trace the food or animal feed throughout the 25 production and distribution system. 26 (2) The regulations made under subsection (1) must include, but are not 27 limited to requirements that: 28 (a) operators must ensure that information identifying GM 29 material or GM-derived material in food and animal feed is 30 transmitted with that material; Truth in Food Labelling Bill 2003 No. , 2003 7
Part 2 GM food and animal feed Section 15 1 (b) operators must have in place systems and procedures to allow 2 the identification of the person or persons from whom and to 3 whom the products referred to in subsection 14(2) have been 4 made available; 5 (c) operators must retain the information specified in 6 paragraph (b) for a period of 5 years from each transaction, 7 and make it available to competent authorities on demand. 8 (3) Operators delivering food to the ultimate consumer are exempted 9 from paragraphs (2)(b) and (c). 10 (4) For the purposes of paragraph (2)(c), competent authorities means 11 a department or other public organisation appointed by the Minister 12 responsible for food safety for the purposes of this Act. 13 (5) The Minister responsible for food safety must implement a 14 monitoring plan in order to trace and identify any direct or indirect, 15 immediate, delayed or unforeseen effects on human health or the 16 environment of GM food or animal feed or both after it has been 17 placed on the market. 8 Truth in Food Labelling Bill 2003 No. , 2003
Country of origin labelling Part 3 Section 16 1 2 Part 3--Country of origin labelling 3 16 Commonwealth responsible for implementation measures 4 The Commonwealth must ensure that if, after all available legal 5 mechanisms to modify the Australia New Zealand Food Standards 6 Code to provide for the compulsory country of origin labelling of 7 food products have been attempted, and the Commonwealth has not 8 succeeded in ensuring that the labelling is compulsory under the 9 Code, the Commonwealth makes all reasonable efforts to inform 10 consumers of the country of origin of products being sold in 11 Australia by either: 12 (a) recommending to the Governor-General regulations 13 prescribing a Consumer Information Standard of Country of 14 Origin Labelling (Food), within the existing legal framework; 15 or 16 (b) by making this information available on a government website 17 or in printed form. 18 17 Packaged produce labelled 19 All packaged meat, fish, fruit and vegetables placed on the market 20 in Australia must have labelling identifying its country of origin. 21 18 Unpackaged produce labelled 22 All unpackaged meat, fish, fruit and vegetables, including bulk 23 foods, placed on the market in Australia must have the country of 24 origin identified at the point of display for sale. 25 19 Exemptions 26 Meat, fish, fruits, and vegetables which constitute less than 20% of 27 a product are exempt from country of origin labelling. Truth in Food Labelling Bill 2003 No. , 2003 9
Part 4 Residue information Section 20 1 2 3 Part 4--Residue information 4 20 Data on residues and contaminants 5 (1) All information collected by any department or agency, or required 6 to be collected, on residues or contaminants in food of pesticides, 7 heavy metals, industrial chemicals or by-products, veterinary 8 medicines or products, or any other contaminant, must be made 9 available to members of the public, on a relevant government 10 website. 11 (2) The information described in subsection (1) must be made available 12 on request and must be published within 12 months of its being 13 collected. 14 21 Regulations 15 The Governor-General may make regulations prescribing matters: 16 (a) required or permitted to be prescribed by this Act; or 17 (b) necessary or convenient to be prescribed for carrying out or 18 giving effect to this Act. 10 Truth in Food Labelling Bill 2003 No. , 2003