Food Labelling Information

© 2006-2008 Lawmedia Pty Ltd

General Labelling Requirements

The Australia New Zealand Food Standards Code (FSC) sets out the requirements for food and beverage labels. The following information needs to be provided in most cases:

• Name of product
• Lot identification number
• Name and address of supplier
• Statement of Country of Origin
• Ingredient list
• Allergen details
• Nutritional Information Panel
• Date marking
• Storage instructions
• Directions for Use
• Marking of weight

There are many more inclusions and exceptions to the above requirements for different types of foods and packages. Some of the above information can be omitted from the labels of certain small packages - however, such information may still need to be displayed near or in connection with the product or provided to the consumer on request.

Additional Labelling Requirements

There are additional labelling requirements for many types of foods and ingredients and also these can vary depending on such factors as the manner in which the food is being sold, who it is being sold to, the manner in which the food is being sold or supplied, the manner in which the food is being displayed at or near the point-of-sale, where the food is being sold, the type of outlet from which the food is being supplied or where it is being supplied, or the claims proposed to be made either on the label or in connection with the food.

Consequences of Incorrect Food Labels

In Australia, food labelling compliance is monitored by a number of government agencies for different but overlapping jurisdictions. They include the Australian Competition and Consumer Commission (the ACCC), the State and Territory Food safety and compliance units of the various Health Departments (or in the case of New South Wales, by the NSW Food Authority), and Local Government food inspectors and environmental health officers throughout Australia. For imported food, the Australian Quarantine and Inspection Service (AQIS) and the Australian Customs Department have authority to prevent entry into Australia on the grounds of non-compliance with Australian food laws.

In Australia, it has become a quite common occurrence for anonymous reports of non-compliance to be made either by consumer activists or by one's business competitors to request one or other of the various regulatory agencies to instigate action to compel a non-complying product to be withdrawn or recalled from the market. Usually, the regulators will take action if a label contains information that is not accurate and can impose fines as well as corrective advertising and court enforceable undertakings to prevent recurrence.

Any failure to comply with labelling laws can lead to mandatory withdrawal or recall of the product which not only results in expense directly but also in the indirect cost of re-establishing the reputation for one's withdrawn or recalled product.

Under Federal laws, an imported product that does not comply with food law requirements (including both compositional and labelling laws) will be prohibited from entry into Australia. Under State and Territory legislation, fines can also be imposed for non-compliant labelling as well as for labelling that is either misleading or false.

For example, in the Australian Capital Territory, New South Wales, South Australia, Tasmania, Victoria, Queensland and as proposed in Western Australia, a corporation can be issued with up to $500,000 worth of fines for knowingly falsely describing food, in addition to up to 2 years imprisonment.