Food (Labelling of Seafood) Amendment Bill 2021*

An Act to amend the Food Act 2006 for particular purposes

1Short title

This Act may be cited as the Food (Labelling of Seafood) Amendment Act 2021.

2Commencement

This Act commences on 1 July 2023.

3Act amended

This Act amends the Food Act 2006.

4Amendment of s 8 (Main purposes)

(1)Section 8—
insert—

(ba)to ensure seafood for sale at dining outlets is identified by country of origin information;

(2)Section 8(ba) and (c)—
renumber as section 8(c) and (d).

5Amendment of s 9 (How main purposes are primarily achieved)

(1)Section 9—
insert—

(da)requiring country of origin information to be displayed for seafood sold at dining outlets; and

(2)Section 9(da) and (e)—
renumber as section 9(e) and (f).

6Amendment of s 164B (Definitions)

Section 164B, definition menu—
omit.

7Insertion of new ch 6B

After chapter 6A—
insert—

Chapter 6B Display of country of origin information for seafood sold for immediate consumption

164H Definitions for chapter

In this chapter—

country of origin information, for seafood, includes any statement, image, label, word or abbreviation which—

(a)is clear and legible; and

(b)identifies—

(i)the country of origin of the seafood; or

Examples—

a statement that the seafood is a ‘Product of Russia’ or a map of Russia or an image of the Russian flag

(ii)if the seafood is named in a manner that identifies the country of origin—the name of the seafood; or

Example—

a sign that reads ‘Australian Barramundi’

(iii)for seafood that has a country of origin other than Australia—that the seafood is imported.

Example—

a label that displays ‘I’ or ‘imp’ to identify that the seafood is imported

dining outlet—

(a)means a business whose primary purpose includes the sale of seafood for immediate consumption on or off the business premises; but

(b)does not include a business required to comply with the Country of Origin Food Labelling Information Standard 2016 (Cwlth) in relation to the sale of seafood for immediate consumption on or off the business premises.

Examples of a dining outlet—

cafe, coffee shop, drive-through facility, kiosk, milk bar, restaurant, takeaway shop

164I Requirement to display country of origin information

(1)This section applies to seafood for sale at a dining outlet for immediate consumption, whether the seafood is sold for immediate consumption on or off the business premises.

(2)The proprietor of the dining outlet must not sell the seafood unless the seafood is identified with country of origin information—

(a)if the seafood is wholly sourced from Australian waters—identifying that the sole country of origin of the seafood is Australia; or

(b)if the seafood is not sourced from Australian waters—identifying that the sole country of origin is not Australia or that the seafood is wholly imported; or

(c)if a product containing the seafood includes seafood sourced from Australian waters and seafood not sourced from Australian waters—identifying that the product includes—

(i)seafood with a country of origin of Australia; and

(ii)seafood with a country of origin that is not Australia or seafood that is imported.

Maximum penalty—

(a)for a first offence—1 penalty unit; or

(b)for a second or subsequent offence—5 penalty units.

(3)The proprietor is taken to comply with subsection (2)—

(a)if the seafood is listed in a menu, or included in an item listed in a menu and the menu includes the country of origin information for the seafood; or

(b)if the country of origin information for the seafood is clearly visible at the point of sale to a person purchasing the seafood.

(4)In this section—

Australian fishing zone see the Fisheries Management Act 1991 (Cwlth), section 4.

Australian waters means—

(a)waters within the Australian fishing zone; and

(b)Queensland waters.

sourced includes caught or farmed.

8Amendment of sch 3 (Dictionary)

(1)Schedule 3, definition menu—
omit.

(2)Schedule 3—
insert—

country of origin information, for chapter 6B, see section 164H.

dining outlet, for chapter 6B, see section 164H.

menu means a menu, in printed or electronic form, that—

(a)lists or otherwise shows 1 or more items of food; and

(b)is either—

(i)on a board, poster, leaflet or similar thing at the premises from which the items of food shown on the menu are sold; or

(ii)distributed or available outside of the premises from which the items of food shown on the menu are sold.

seafood means any marine, estuarine or freshwater fish or other aquatic animal sold for human consumption.