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Imported Food Warning Labels Bill 2013
Imported Produce Warnings Bill 2012

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Imported Food Warning Labels Bill 2013

 

No.      , 2013

 

(Mr Katter)

 

 

 

A Bill for an Act to provide for warning labels in relation to imported food, and for related purposes

   

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Definitions.......................................................................................... 2

4............ Imported food warning label............................................................... 4

5............ Warning label requirements................................................................. 4

6............ Offence: failure to comply for regulated packaged food...................... 5

7............ Offence: failure to comply for regulated unpackaged food.................. 5

8............ Offence: failure to comply for regulated minimally-packaged food..... 5

9............ Application of Crimes Act 1914 .......................................................... 6

10.......... Legislative instruments........................................................................ 6

 



A Bill for an Act to provide for warning labels in relation to imported food, and for related purposes

The Parliament of Australia enacts:

 

 

1   Short title

                   This Act may be cited as the Imported Food Warning Labels Act 2013 .

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

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Sections 4 to 10

The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent.

 

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   Definitions

                   In this Act:

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

constitutional trade or commerce means trade or commerce:

                     (a)  between Australia and places outside Australia; or

                     (b)  among the States; or

                     (c)  within a Territory, between a State and Territory or between 2 Territories.

food includes:

                     (a)  any substance or thing of a kind used or capable of being used as food or drink by human beings; or

                     (b)  any substance or thing of a kind used or capable of being used as an ingredient or additive in, or substance used in the preparation of, a substance or thing referred to in paragraph (a); or

                     (c)  any other substance or thing that is prescribed;

whether or not it is in a condition fit for human consumption, but does not include a therapeutic good within the meaning of the Therapeutic Goods Act 1989 .

imported food warning label : see section 4.

operator , of a regulated retail food business, means the person who operates the business.

regulated food means food imported into Australia other than:

                     (a)  food that is imported for private consumption; or

                     (b)  food that is ship’s stores or aircraft’s stores, within the meaning of section 130C of the Customs Act 1901 ; or

                     (c)  food that is imported as a trade sample.

regulated minimally-packaged food means regulated food that is displayed for retail sale in a package that does not obscure the nature or quality of the food.

regulated packaged food means regulated food that is packaged (other than regulated minimally-packaged food).

regulated retail food business means a retail business of selling regulated food (whether or not the business also sells other food) to consumers, if:

                     (a)  at least one of the following applies:

                              (i)  the operator of the business is a constitutional corporation;

                             (ii)  the business is engaged in constitutional trade or commerce; and

                     (b)  the food is not offered for immediate consumption on the business’s premises.

regulated unpackaged food means regulated food that is unpackaged.

retail unit , of regulated packaged food, means an individual unit of the packaged food offered for retail sale.

4   Imported food warning label

             (1)  The imported food warning label is as follows:

WARNING: IMPORTED FOOD. THIS FOOD HAS NOT BEEN GROWN OR PROCESSED UNDER AUSTRALIAN HEALTH AND HYGIENE STANDARDS AND MAY BE INJURIOUS TO YOUR HEALTH.

             (2)  A legislative instrument made under this Act may prescribe standards that apply in relation to any or all of the following:

                     (a)  the size of the label;

                     (b)  any other matters relating to display of the label.

5   Warning label requirements

Regulated packaged food

             (1)  Every retail unit of regulated packaged food imported into Australia must carry the imported food warning label.

Regulated unpackaged food

             (2)  Every item of regulated unpackaged food displayed for retail sale must have the imported food warning label:

                     (a)  fixed to the item; or

                     (b)  prominently displayed so close to the item that a person considering buying the item could not avoid seeing the label.

Regulated minimally-packaged food

             (3)  Regulated minimally-packaged food displayed for retail sale must have the imported food warning label:

                     (a)  fixed to each item of the food; or

                     (b)  fixed to each retail unit of the food; or

                     (c)  prominently displayed so close to each display of retail units of the food that a person considering buying a retail unit of the food could not avoid seeing the label.

6   Offence: failure to comply for regulated packaged food

                   A person commits an offence if:

                     (a)  the person imports food into Australia; and

                     (b)  the food is regulated packaged food; and

                     (c)  subsection 5(1) is contravened in relation to a retail unit of the food.

Penalty:  $500,000.

7   Offence: failure to comply for regulated unpackaged food

                   A person commits an offence if:

                     (a)  the person is the operator of a regulated retail food business; and

                     (b)  the business displays food for sale; and

                     (c)  the food is regulated unpackaged food; and

                     (d)  subsection 5(2) is contravened in relation to an item of the food.

Penalty:  $500,000.

8   Offence: failure to comply for regulated minimally-packaged food

                   A person commits an offence if:

                     (a)  the person is the operator of a regulated retail food business; and

                     (b)  the business displays food for sale; and

                     (c)  the food is regulated minimally-packaged food; and

                     (d)  subsection 5(3) is contravened in relation to a retail unit of the food.

Penalty:  $500,000.

9   Application of Crimes Act 1914

                   Section 4AB of the Crimes Act 1914 does not apply to this Act.

Note:          Section 4AB of the Crimes Act 1914 has the effect of converting penalties expressed in dollars into a number of penalty units.

10   Legislative instruments

                   The Minister may make legislative instruments 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.