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Food Safety (Trans Fats) Bill 2009
Explanatory Memorandum
Senator Siewert
GENERAL OUTLINE
The Food Safety (Trans Fats) Bill 2009 will prohibit, within the bounds of
Commonwealth constitutional competence, the addition of synthetic trans
fatty acids to food.
The bill prohibits constitutional corporations and individuals in
particular circumstances from manufacturing, distributing, offering for
sale, selling or otherwise trading in food containing synthetic trans fatty
acids. It replaces the present inadequate regulatory regime, while leaving
scope for the States and Territories to adopt their own regulatory response
in recognition of their responsibility for food standards.
NOTES ON CLAUSES
1 Short title
The short title of the Bill, once enacted, will be the Food Safety (Trans
Fats) Act 2009.
2 Commencement
Clause 2 provides that the Act will commence on 1 January 2010. This is to
allow industry sufficient time to find suitable substitutes for synthetic
trans fatty acids.
3 Purpose etc.
This clause identifies that the purpose of the Bill is to protect
Australians from the harmful effects of trans fats, while preserving the
right of States and Territories to regulate in the area of food standards.
4 Definitions
Clause 4 defines 'constitutional corporation' and 'synthetic trans fatty
acids'.
The definition of constitutional corporation ensures that a substantial
proportion of businesses operating in Australia will be covered by the
Bill.
The definition of 'synthetic trans fatty acids' makes it clear that the
Bill does not apply to the naturally occurring trans fatty acids that are
found in relatively small quantities in some foods.
5 Prohibition-corporations
Clause 5 is the key component of the Bill, as it identifies the proscribed
conduct and the penalties that will apply in the event of a transgression.
Subclause 5(2) is intended to cover situations where some of the activities
of constitutional corporations are performed by others. This may include,
for example, situations where foods are manufactured by others and provided
to a constitutional corporation for packaging and distribution, or where a
constitutional corporation establishes an external agency to distribute its
products. To ensure the Bill's comprehensive coverage, it is important
that such arrangements are included.
The penalty for contravening the provisions of clause 5 is 1000 penalty
units, which is consistent with analogous food safety legislation. Section
33 of the Queensland Food Act 2006, for example, provides for a penalty of
1000 penalty units or 2 years imprisonment for the sale of unsafe food.
6 Operation of State and Territory Laws
This clause ensures that States and Territories retain the right to
legislate with respect to trans fats. They may wish to enact complementary
legislation to extend the coverage of the prohibition of trans fats, or
they may wish to adopt an alternative regulatory regime.