Can you say your food is a ?Product of Australia? when all the packaging is from overseas?

This article examines the current legal position on the use of the descriptor ‘Product of Australia’ in circumstances where the packaging is not Australian made. As readers may be aware, ‘country of origin’ claims must be carefully considered to avoid a breach of Sections 52 and 53 (eb) of the Trade Practices Act 1974. Previous FoodLegal Bulletin articles have explained the different eligibility criteria for the use of the respective claims ‘Made in Australia’ and ‘Product of Australia’. This article analyses whether and in what circumstances the origins of the packaging may also be relevant to the higher claim of ‘Product of Australia’.

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