Making different types of Carbon claims (Part 2): The Australian legal framework for selling carbon credits

A food producer seeking to reduce its carbon emissions or even just marketing its food products with an environmentally-friendly attribute, may want to consider the making of a ‘carbon claim’. Yet the very concept of a ‘carbon claim’ can have a range of different meanings. For example, one type of carbon claim might be a claim that relies on the measurement of carbon emissions in production being calculated to be low by reference to a particular ‘carbon calculator’ (e.g. possibly referencing a specified certification scheme). However, another option for a different type of carbon claim might not necessarily involve direct reduction of carbon emissions in the food production process. A business might purchase ‘carbon credits’ that will “offset” the carbon emissions of production but rely on this offset to make a claim that the producer has thereby produced carbon emissions in this other way. This article considers the current regulatory framework in Australia for making a carbon offset claim.