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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
FOOD STANDARDS AMENDMENT (FISH LABELLING) BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by authority of Senators Xenophon, Lazarus, Lambie, Whish-Wilson, Wang and
Madigan)
FOOD STANDARDS AMENDMENT (FISH LABELLING) BILL 2015
OUTLINE
This Bill seeks to implement recommendations from the Senate Rural and Regional Affairs
and Transport References Committee inquiry into the current requirements for labelling of
seafood and seafood products, which reported on 18 December 2014.
Specifically, the Committee recommended that the exemption regarding country of origin
labelling under Standard 1.2.11 of the Australia New Zealand Food Standards Code for
cooked or pre-prepared fish sold by the food services sector be removed, subject to a
transition period of no more than 12 months. This measure is consistent with those put in
place by the Northern Territory Government to support the local seafood industry and
promote Australian produce.
This Bill requires that Food Standards Australia New Zealand develop, within 12 months, a
new standard to apply in Australia only that requires fish sold for immediate consumption to
be labelled according to existing country of origin requirements. For the purpose of this Bill,
the term ,,fish is taken to have the meaning set out in the Food Standards Code, which means
,,any of the cold-blooded aquatic vertebrates and aquatic invertebrates including shellfish, but
does not include amphibians and reptiles1. For example, a restaurant or pub selling a meal
that includes fish would be required to list on the menu whether the fish is ,,Product of
Australia or has a different or mixed country of origin, consistent with the country of origin
definitions and requirements for fish already set out in Standard 1.2.11.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1 - Short Title
This clause is a formal provision and specifies that the Bill, once enacted, may be cited as the
Food Standards Amendment (Fish Labelling) Act 2015.
Clause 2 - Commencement
This clause provides for the commencement of the Bill on the day the Bill receives Royal
Assent.
1 Australia New Zealand Food Standards Code - Standard 2.2.3 - Fish and Fish Products, available online:
http://www.comlaw.gov.au/Details/F2011C00569.
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Clause 3 - Schedules
This clause states that each Act specified within a Schedule to this Bill is amended or
repealed as set out by the provisions of the Bill.
Clause 4 - Purpose of the Act
This clause states that the purpose of this Bill is to ensure consumers have access to clear and
accurate information about the country of origin of fish offered for immediate consumption.
Schedule 1 - Amendment to the Food Standards Australia New Zealand Act 1991
Item 1 inserts a new definition of food services sector into subsection 4(1) of the Act. This
definition outlines that the venues that will be covered by the new labelling standard includes
restaurants, bars, takeaway shops, and other venues that may be specified by the Authority in
the new standard.
Item 2 inserts a new subsection (5) at the end of section 4 to allow the new labelling
standard to specify an entity or institution to which the standard will apply, for the purposes
of the definition of ,,food services sector.
Item 3 inserts a new section 16A into the Act, relating to the development and application of
a new Standard for country of origin labelling for fish offered for immediate consumption in
Australia.
Subsection 16A(1) requires the Authority to develop and approve labelling standards within
12 months of the commencement of this section. These standards must prescribe how the
food services sector must identify the country of origin of fish offered for immediate
consumption in Australia.
Subsection 16A(2) provides for certain matters that must be included in the Standard as a
minimum.
Paragraph 16A(2)(a) requires that the standard must use the definition of ,,fish that is
included in existing Standard 2.2.3. The current definition in this standard is "any of the cold-
blooded aquatic vertebrates and aquatic invertebrates including shellfish, but does not include
amphibians and reptiles".2 This is to ensure consistency of application throughout the
Standards.
2 Australia New Zealand Food Standards Code - Standard 2.2.3 - Fish and Fish Products, available online:
http://www.comlaw.gov.au/Details/F2011C00569.
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Paragraph 16A(2)(b) requires the standard to include requirements on how country of origin
labelling is to be displayed, including on menus and signage. These requirements are
intended to include specifications relating to location, font size and other matters the
Authority considers relevant.
Paragraph 16A(2)(c) requires the standard to be consistent with the existing country of
origin labelling requirements outlined in Standard 1.2.11, which deals with country of origin
labelling for Australia.
Subsection 16A(3) exempts the Authority from certain provisions of the Act in developing
the new standard for the first time. This will allow the Authority to expedite the development
of the standard and to ensure it is in place within the required 12 month timeframe.
Paragraph 16A(3)(a) exempts the Authority from following the provisions set out in section
18 of the Act, which outline the objectives of the Authority in developing or reviewing food
regulatory measures.
Paragraph 16A(3)(b) exempts the Authority from the provisions set out in Part 3 of the Act,
which relate to food regulatory measures, and outline the requirements the Authority must
meet in considering an application for a new standard or the variation of an existing standard.
Subsection 16A(4) states that the above exemptions do not prevent the Authority from
undertaking certain actions.
Paragraph 16A(4)(a) states that the exemptions do not prevent the Authority from
developing and approving a new standard under 16A(1) to replace an existing standard, and
therefore revoking the existing standard.
Paragraph 16A(4)(b) states that the exemptions do not prevent the Authority from
developing and approving a variation of the standard developed under 16A(1), including a
new standard that has replaced an existing standard under 16A(4)(a).
Subsection 16A(5) provides that, despite subsection (3), Part 3 of the Act applies to
standards developed and approved in accordance with paragraphs 16A(4)(a) (paragraph
16A(5)(a)) and 16A(4)(b) (paragraph 16A(5)(b)); that is, that Part 3 will apply to any
subsequent standards after the first standard is developed.
Subsection 16A(6) provides that a standard developed under 16A must be in force at all
times after the first such standard comes into force.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
FOOD STANDARDS AMENDMENT (FISH LABELLING) BILL 2015
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill amends the Food Standards Australia New Zealand Act 1991 to ensure consumers
have access to clear and accurate information about the country of origin of fish offered for
immediate consumption.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
(Senators Xenophon, Lazarus, Lambie, Whish-Wilson, Wang and Madigan)
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