7090

REVISED

2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Food Standards Amendment (Truth in Labelling—Palm Oil) Bill 2010

 

 

(Amendments to be moved by Senator Xenophon and by Senator Siewert on behalf of the Australian Greens in committee of the whole)

(1)     Clause 2, page 2 (table item 1), omit the table item, substitute:

 

1.  Sections 1 to 7 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

[consequential - offences relating to labelling palm oil as an ingredient]

(2)     Clause 4, page 2 (lines 15 to 20), omit the clause, substitute:

4   Purpose of Act

                   The purpose of this Act is to ensure that consumers have clear, accurate information about the inclusion of palm oil in foods.

5  Definitions

                   In this Act:

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

6  Offences relating to labelling palm oil as an ingredient

             (1)  A constitutional corporation commits an offence if it manufactures, distributes, offers for sale, sells or otherwise trades in food containing palm oil, regardless of the amount of palm oil used in the food or used to produce the food, and fails to list palm oil as an ingredient of the food.

Penalty:  10,000 penalty units.

             (2)  A person commits an offence if the person:

                     (a)  manufactures for or on behalf of; or

                     (b)  distributes, offers for sale or sells for, to or on behalf of; or

                     (c)  otherwise trades with or on behalf of:

a constitutional corporation food containing palm oil, regardless of the amount of palm oil used in the food or used to produce the food, and fails to list palm oil as an ingredient of the food.

Penalty:  1,000 penalty units.

             (3)  Subsections (1) and (2) are offences of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

7  Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

[offences relating to labelling palm oil as an ingredient]

(3)     Schedule 1, item 1, page 3 (lines 8 to 23), omit subsections 16B(1) and (2), substitute:

             (1)  The Authority must, within 6 months after the commencement of this section, develop and approve labelling standards that prescribe that producers, manufacturers and distributors of food containing palm oil, regardless of the amount of palm oil used in the food or used to produce the food, must list palm oil as an ingredient of the food.

[standards]