Country of origin labelling for food forums presentation

Country of origin labelling for food forums presentation


Welcome to this presentation for businesses
on country of origin labelling for food by the Department of Industry, Innovation and
Science. This presentation will provide guidance and
general advice to you regarding the changed country of origin labelling requirements but
should not be regarded as legal advice. Individual businesses remain responsible for
determining whether their labels comply with the new requirements. If you are unsure, it
might be wise to seek independent legal counsel. This presentation will have two parts, beginning
with details of the new requirements and exploring the Government’s online tool for origin
labelling. The tool will help you think about the kind of information you need to consider
when labelling your products. The second part of the presentation will focus
on compliance and enforcement and will be undertaken on behalf of the Australian Competition
and Consumer Commission or the ACCC. A copy of this presentation is available online. The topics being covered in this presentation
are extensively covered by guidance material available online. Details of where this guidance
can be found will be covered later in this presentation. On 31 March 2016, the Council of Australian
Governments agreed a package of proposed reforms for country of origin labelling for food sold
in Australia. This presentation will cover: The key elements of the Country of Origin
Food Labelling Information Standard 2016; The amendments to the Australian Consumer
Law; and Resources that are available for business.
For example, the country of origin labelling online tool, a Style Guide, on-line frequently
asked questions, fact sheets and ACCC Guidance material. The new country of origin labelling requirements
commenced on 1 July 2016. A two year transition period was provided,
ending on 30 June 2018. For the remaining 15 months of the transition
period, products can be labelled either according to the new rules, or the rules currently in
the Food Standards Code. From 1 July 2018, all products must be labelled
in accordance with the new Information Standard. The origin rules currently in the Food Standards
Code will be removed from that date. All stock in trade can continue to be sold
including after the transition period. The scope of food products covered by mandatory
country of origin labelling requirements under the Food Standards Code is retained in the
Information Standard. All foods that are currently required to label
for country of origin, under the Food Standards Code, will continue to require a country of
origin statement, with or without a defined box. Food currently sold without an origin label
will continue to not need a label. This includes : Food sold for immediate consumption or made
on the premises where it is sold – in places such as restaurants, cafes, bakeries – as
is currently the case; Food packaged, delivered and ready for consumption
such as home delivered pizza; Food sold in canteens and hospitals and the
like; and Food sold at fund raising events. As part of the market research undertaken
when developing the reforms, consumers were asked to rank the importance of country of
origin information for nineteen food groups. The foods consumers most cared about were
subsequently categorised as priority foods. However, there is no priority food list. Priority
food is everything that is not on the non-priority food list. Australian priority foods are required to
carry additional information in their label: the kangaroo logo, the bar chart and accompanying
text. Together these three elements form the “Mark”. All information for priority foods, Australian
or imported, needs to be in a defined box. A “Mark” compromises different elements
depending on the country of origin claim. The rules for non-priority foods are no different
to those under the Food Standards Code. Non-priority food is not required to provide
the full mark but does need to provide a textual statement of origin only. It does not need
to be in a defined box. These products can carry the mark voluntarily,
but must comply with the same rules for use as priority foods. For the remainder of this presentation, the
focus is on priority foods and the “marks”. There is a significant change to the criteria
for making a ‘Grown or Produced in Australia’ claim under the new rules. If they are being used as part of the new
Mark, they can only be applied to products with 100% Australian ingredients. This change is based on the strong consumer
preference for products using these claims to contain nothing less than 100% Australian
content. The change makes ‘Grown in and Product of
Australia’ premium claims when used with the mark. For non-priority foods that do not voluntarily
use the new Mark, and for imported foods, the rules for making a grown in or product
of claim are unchanged. So for example, to be eligible for a Product
of New Zealand claim, only the significant ingredients of the food would need to be of
New Zealand origin. All or virtually all processing would need to take place in New Zealand. Made in claims apply to products last substantially
transformed in a single country. Products using a ‘made in’ claim may or
may not contain ingredients from the country claimed as origin. For example, a cake baked in Australia from
entirely imported ingredients would still be eligible for a ‘Made in Australia’
claim, as it was last substantially transformed in Australia. For products that cannot claim to have been
grown, produced or made in a single country, the ‘Packed in’ claim applies. This claim
should usually name the country where the product was packed, and indicate that it is
of multiple origins. For example, a package of mixed nuts might
be packed in Canada with nuts sourced from Canada, Brazil and Australia. As the product
was not substantially transformed, it could be labelled as ‘Packed in Canada with ingredients
of multiple origins’. As noted, food can be described as having
been made in a country if it underwent its last substantial transformation in that country. The definition of substantial transformation
was recently amended by the Competition and Consumer Amendment (Country of Origin) Act
2017, which is now in force. The old definition allowed for changes in
nature, form and appearance to qualify as substantial transformation. Under the new
definition, the imported ingredients must change nature, identity or essential character
to be considered substantially transformed. So a food is said to have been substantially
transformed if the end product is something fundamentally different from its imported
ingredients. As the example on the slide notes, making
mozzarella from imported ingredients in Australia would be considered substantial transformation,
as the end product is fundamentally different to the imported ingredients. If imported cheese was only shredded and packed
in Australia, it would not be substantially transformed as the fundamental identity of
the cheese has not changed. This definition aligns Australia with consumer
expectations and international practice The ACCC has developed guidance on what is
and is not substantial transformation. When making a grown, produced or made in Australia
claim on a product, the mark shown on the screen must be used. There are three components to the mark: – the logo, which indicates that the product
was grown, produced or made in Australia – the bar chart, which provides a visual indication
of the Australian content – and a text statement, which states if the
food was grown, produced or made in Australia and the percentage of Australian content. The Information Standard requires that country
of origin statements be distinct and legible. This is the overriding principle when it comes
to what the mark should look like. There is a Style Guide available that provides
suggestions of how best to meet this requirement. Some things to note: You can use any colour scheme you like – green
and gold, black and white, or monochrome – so long as the mark meets the distinct and legible
requirement. All three components must be displayed together
inside a clearly defined box. The size and positioning of the label is not
specified on packaged products. Unpackaged products can either be physically
labelled, or the Mark can be displayed in association with the product. If you are selling food online, the standard
applies in the same way as it does to physical bricks and mortar sales. Unpackaged food sold online can either be
physically labelled when delivered to the customer, be delivered with a physical label
included with the food or you can display the origin mark on your website in association
with the product. Packaged products sold online must have a
physical mark on their packaging. We would encourage you to consider displaying the origin
mark on your webpage voluntarily as well. The Australian content claim made in the mark
is a minimum claim. Your product may contain a higher amount of Australian content, but
it cannot contain less than the amount stated in the Mark. Because it is a minimum claim, you must always
round percentages down to the nearest whole number. For example, if your product contains
77.7% Australian content, the text statement may claim only 77% Australian content or less. While a specific percentage can be named in
the text statement, the bar chart can only be filled in 10 percent increments. So for
a product claiming 77% Australian content, the Mark should use a bar chart filled to
70%. The only exceptions are products claiming
95% or more Australian content, and those claiming less than 10%. Products claiming 95% or more can use a bar
chart filled to 95%. Products claiming less than 10% can use a bar chart filled to 5%. There are three types of Packed in Australia
Marks: If the product has some Australian ingredients
but does not qualify for a made in Australia claim – then the mark will have the bar
chart filled with a percentage of Australian ingredients and a ‘Packed in Australia from
at least x% Australian ingredients’ statement. If the product has no Australian ingredients,
and the contents have multiple origins, it will indicate that it was ‘Packed in Australia’
with foods from multiple origins and include an empty bar chart. If the product has no Australian ingredients,
but the contents were entirely sourced from a single country, it will have a single country
of origin statement. An empty bar chart and packed in Australia statement is optional. Packed in Australia claims are not eligible
to use the logo as they have not been grown, produced or made in Australia. Wholly imported products also need to identify
the country of origin. Accordingly, the Mark for wholly imported
products does not include a logo as it is not of Australian origin. However, it must include a statement identifying
the country of origin The first example on the left relates to food
with a single country of origin, such as Made in New Zealand. Other examples could be Grown
in France, Product of Canada, Made in Brazil. It is important to note that foods packed
in a different country but still with a single country of origin must name the country of
origin, not just where it was packed. The middle example relates to food with multiple
origins – if foods from more than one country are packaged in a different country, the label
must indicate where it was packed and that it is of multiple origins. For example, Packed
in Canada from imported ingredients or Packed in Brazil from multiple origins or Packed
in the USA with ingredients from the USA and Canada The third example of the right hand side is
optional and includes a bar chart and text – the label shows the proportion of Australian
ingredients. For example, ‘Made in Vietnam from at least 50% Australian ingredients’. The statement must be in a clearly defined
box for all packaged priority foods. Australian origin – minor processing overseas For various reasons, some Australian foods
are transported overseas, for minor processing – not substantial transformation – and without
the addition of non-Australian ingredients, and then transported back to Australia either
packaged or to be repackaged. To show that although the food is Australian
and that not all the processing has been undertaken in Australia, a new label, which describes
the minor processing, has been introduced. This is different to foods that have been
substantially transformed in a country. Minor processing does not change the identity, nature
or essential character of the food. For example, Australian macadamias that are
shelled and packed in Fiji before being re-imported to Australia would need to state the overseas
processing in the Mark. If Australian food undergoes minor processing
in another country, and food from one or more other countries is added during that process,
then the food is considered to be of multiple origins and can no longer claim Australian
origin. A prawn sent overseas to be shelled, crumbed
with non-Australian ingredients and packed cannot claim Australian origin. It would use
a ‘Packed in’ claim and need to indicate that it is of multiple origins. If the food
is sold unpackaged, the display will need to indicate multiple origins. The origin of specific ingredients can be
included in the clearly defined box of most standard marks. If you call out the origin of a specific ingredient,
all of that ingredient must come from the country named. For example, a pork smallgood made from Canadian
pork might use the label ‘Made in Australia from at least 20% Australian ingredients with
Canadian pork’ Companies can voluntarily provide additional
information about the origin of a food or drink product outside the country of origin
mark, as long as the information is not false or misleading. Because many Australian food products have
seasonal produce, the proportion of ingredients may vary throughout the year. To allow for this new labels have been developed.
The labelling includes: Made in Australia or Packed in Australia That the ingredient source varies The average proportion of Australian ingredients And directions on where customers can find
further information – such as a website or phone number When you provide customers with further information
on a website or phone – you must provide the actual % of Australian ingredients in
that particular food product, rounded down to the nearest whole number, and time period
used to calculate the average. This label also supplies information, such
as a barcode or other device, batch number, lot, date of manufacture or date mark. This
enables the customer to link to the ingredient information specific for that product. The
supplier is responsible for providing the information via the method chosen, for example
through their own website or customer contact centre. These labels do not allow for the origin of
any specific ingredient to be highlighted. The average proportion can be calculated using
one, two, or three year periods. The label is only valid for up to two years after the
end of the period from which the average was calculated. Records must be kept to show how the average
claim was calculated. As customers must be provided with a way to access information
specific to the product they are purchasing, records must also be kept of the varying Australian
content for the period the average label is used. If you have a product with varying Australian
content, you could alternatively choose to make a single minimum claim reflecting the
lowest year round Australian content. However, your Australian content should never be below
the minimum claimed at any point. You might also consider running different
labels for the affected periods of the year if practical. The proportion of Australian content claimed
in an origin mark is framed as an ‘at least’ statement – it is a minimum claim. This
means that claims must always be rounded down to the nearest whole number. It is based on the ingoing weight of ingredients
and processing aids should not be included in the calculation. On the screen is the calculation in its simplest
format. In this example, we apply the calculation
to a tomato sauce, made in Australia from local and imported ingredients. We simply sum the total ingoing weight of
Australian content against the total ingoing weight of all ingredients, and then multiply
the result by 100 to get a percentage of Australian content. In this example, the tomato sauce with 90%
Australian content from our previous example is just one ingredient in a beef lasagne. When dealing with compound ingredients, that
is, ingredients with two or more sub-ingredients, you need to consider the proportion of Australian
content in the compound ingredient, and be sure to count only that proportion of the
ingredient’s ingoing weight towards the total Australian content. So here, the total Australian content is the
sum of the beef, vegetables, and the Australian content in the sauce and the pasta, against
the total ingoing weight of all the ingredients. So with the tomato sauce being 90% Australian
content, 90% of the total amount of sauce used would count towards the Australian content
of the final product. To allow for these calculations to be made,
suppliers providing compound ingredients are required under the Information Standard to
provide sufficient origin information to customers to allow them to make an accurate origin claim. The Australian Food and Grocery Council has
added a country of origin labelling extension to the Product Information Form for those
that use the PIF. If you have any questions on this, please contact the Australian Food
and Grocery Council directly. There are a number of different ways water
can be accounted for when determining the country of origin of a food. Water added as an ingredient takes the origin
of where it was collected or harvested. Water that reconstitutes dehydrated or concentrated
ingredients or other components of food is taken to have the country of origin of that
ingredient or component. For example, water added to orange juice concentrate would take
on the origin of the concentrate. Water that forms part of the liquid packing
medium for a food is sometimes not to be counted when determining the proportion by weight
of specified ingredients. A general rule of thumb when deciding whether
the water in a liquid packing medium should be counted is to consider if the liquid is
generally consumed. For example, the liquid in a tin of kidney beans isn’t generally
consumed, whereas the liquid in a tin of canned pineapple is. Where the packing medium contains more than
just water, the other ingredients should be included in the calculation of Australian
content. Only the water is exempt. There is nothing in the Information Standard
preventing exporters from using their domestic label overseas. However, exporters will need
to make sure they comply with the labelling rules in the importing country. Some businesses have expressed concern about
using the bar chart on products exported overseas – that shows the proportion of Australian
ingredients. Food companies wanting to use the logo in
any other way, with or without the bar chart, on their products overseas will need to obtain
a licence through Australian Made Campaign Limited. Businesses will need to make a commercial
decision about the cost-benefit of using their domestic labels or changing their label for
export purposes and paying Australian Made Campaign Limited a fee. Please read the country of origin labelling
guidance material that is available online. Business.gov.au has a variety of resources
available, including a style guide, label library, frequently asked questions and the
online tool. The ACCC has made resources available on its
website, and you can call its contact centre with queries regarding the application of
the Information Standard. Additional information for importers is available
from the Department of Immigration and Border Protection and the Department of Agriculture
and Water Resources. Your industry association may also be able
to provide assistance, and we understand there are some commercial offerings aimed at helping
businesses with the country of origin labelling requirements. This presentation will now take you through
a few product examples to show you how the online tool works, and how it can help you
identify appropriate labels for your products. In our first example, we are looking at apple
juice made from a concentrate. There are three important questions you should know the answer
to before you start using the tool: First, where was the product last substantially
transformed – and if any further processing takes place overseas; Second, is there any water content, and if
so what purpose does it serve; Third, what is the proportion of Australian
content in the product. Here, we see that all the ingredients of the
product are Australian, and all manufacturing occurred in Australia. The water used to reconstitute
the concentrate is considered an ingredient, and takes the origin of the concentrate it
is reconstituting. So in this case, the weight of the water should be included in the calculation
of Australian content. Open the online tool. The first page you will come to asks you to
agree to the disclaimer before using the tool. The tool is a guide only. Exercise your own
judgement and care when using the tool. You response to each question will determine the
label the tool recommends. The information provided through the tool should not be regarded
as legal advice and you should consider seeking your own legal advice as appropriate. Tick the box, and then click on ‘Start Now’. The initial series of questions in the tool
are standard and relate to whether your food is in scope of the Information Standard. Firstly, we will assume that the apple juice
will be sold at a physical store or market, online or from a vending machine. Before we click next, you can see that this
page and other webpages in the tool contain more information to help you to understand
and answer the question. The tool also includes a ‘Save’ function
that allows you to save your progress at any point when using the tool. You can save the
link in your web browser bookmarks, or you can email yourself the link to return to the
questionnaire later. For the next question, we will assume that
the apple juice will be sold in different premises to where it has been grown, produced,
made and packed. Then click on ‘Next’. For the next question, given that the product
is apple juice, we assume that the product will be sold in a package. Click on ‘Next’. For this page, you’re being asked to identify
if the food is a priority or non-priority food. If the food is one of those listed under
the first point, it is a non-priority food. You’ll see here that there are help points
throughout the tool. If you hover your mouse over the question mark it will provide you
with more detail on the sorts of products covered by that category. Apple juice is a
priority food and is not listed under the first point, therefore we will select ‘not
listed above’. Then click on ‘next’. For the next question, we know that the apple
juice was made in Australia, so we select ‘Yes’. Then click next. For the next question, we know that the apple
juice is 100% Australian. Then click ‘next.’ For the next question, we will assume that
the product was not exported to an overseas country for processing before being re-imported
to Australia by selecting ‘No’. Then click on ‘next’. This is the webpage where you can preview
and download the standard mark for the apple juice product. There are seven different labelling options
you can choose from which you feel best reflect your product. In this instance, we will use a custom label
for Australian apple juice. You can preview the label in portrait or landscape
mode before you download the label. There are two different label formats you
can download. The PDF format are high quality files to be used if you wish to print the
standard mark. Alternatively, if you wish to display the standard mark on screen, such
as on a webpage, you can use the PNG format. You can also download a PDF summary of your
responses you have provided for your label by clicking on ‘Summary’. You enter the
product name, in this case, Apple Juice, then click on ‘download’. You can then open,
or save the summary. The next example is tomato sauce, manufactured
in Australia from local and imported ingredients. The tomato sauce includes water as an ingredient,
and has a mix of imported and local content. The Australian ingredients in the tomato sauce
by ingoing weight are 1350 grams and the total ingoing weight of the ingredients in the sauce
are 1,500 grams. To calculate the proportion of Australian ingredients you divide 1,350
into 1,500 and multiply the result by 100. Based on the ingoing weight, the proportion
of Australian content is 90 per cent. Taking this example through the online tool. We’ll assume that the tomato sauce will
be sold at a physical store or market, online or from a vending machine. Next, we’ll assume that the tomato sauce
will be sold in different premises to where it has been grown, produced, made and packed. Next, we’ll assume that the tomato sauce
will be sold in a package. Next, we know that tomato sauce is a priority
food so we select ‘not listed above’. We know that the sauce was made in Australia,
so we select ‘Yes’. We know that the ingredients in the tomato
sauce are not all Australian, so we select ‘No’. We know that the tomato sauce is not fresh
fruit and vegetables in transparent packaging, so we select ‘no’. We know that the tomato sauce was grown or
produced in two or more countries (one of which is Australia), so we select the 2nd
option. We know that the tomato sauce was last substantially
transformed in Australia, so we select ‘yes’. We know that the tomato sauce contains Australian
ingredients, so we select ‘yes’. We will assume that the tomato sauce contains
a consistent proportion of Australian ingredients and select the first option. We will also assume that the food product
was not exported to an overseas country for processing before being re-imported to Australia
by selecting ‘no’. This is the webpage where you can preview
and download the standard mark for the tomato sauce product. We will choose the final custom option by
entering 90% Australian ingredients with Australian tomatoes. Here is the landscape preview for
the label. Here we have a beef lasagne, manufactured
in Australia from local and imported ingredients, including two compound ingredients – the
tomato sauce from the previous example, and some cooked pasta. The water content is a sub-ingredient in a
compound ingredient and should be included in the calculation. With compound ingredients, remember to only
include the proportion of Australian content in the compound ingredients in the total Australian
content. As 80 grams of sauce with 90% Australian content is used, 72 grams of the sauce counts
towards the total Australian content. Similarly 175 grams of pasta with 36% Australian content
is used, 63 grams of the pasta counts toward the Australian content. The total ingoing weight of the Australian
ingredients in the lasagne is 255 grams and the total ingoing weight of the food is 385
grams. Dividing 255 grams into 385 grams and multiplying the result by 100 gives you a
percentage of Australian ingredients value of 66%. Taking this example to the tool. We’ll assume that the lasagne will be sold
at a physical store or market, online or from a vending machine. Next, we’ll assume that the lasagne will
be sold in different premises to where it has been grown, produced, made and packed. Next, we’ll assume that the lasagne will
be sold in a package. Next, we know that lasagne is a priority food
so we select ‘not listed above’. We know that the lasagne was made in Australia,
so we select ‘Yes’. We know that the ingredients in the lasagne
are not all Australian, so we select ‘No’. We know that the lasagne is not fresh fruit
and vegetables in transparent packaging, so we select ‘no’. We know that the lasagne was grown or produced
in two or more countries, one of which is Australia, so we select the 2nd option. We know that the lasagne was last substantially
transformed in Australia, so we select ‘yes’. We know that the lasagne contains Australian
ingredients, so we select ‘yes’. We will assume in this instance that the proportion
of Australian ingredients varies over time by selecting the 2nd option. We will also assume that we want to indicate
that the content of Australian ingredients in the lasagne can vary over time, so we select
‘yes’. We will also assume that the lasagne was not
exported to an overseas country for processing before being re-imported to Australia by selecting
‘no’. This is the webpage where you can preview
and download the standard mark for the beef lasagne product. We will choose the final custom option by
entering an average of 66% Australian ingredients, call 1800 000 000 for details. Here is the
landscape preview for the label. In our final example we consider a tinned
four bean mix with both imported and Australian beans. Here, there is no single country of origin.
While the chickpeas come from Australia, the other beans are sourced from different countries.
Because tinning a product is not substantial transformation, this product has no single
country of origin. The water content here is part of a liquid
packing medium that is not generally for human consumption, and so is completely excluded
from the calculation of content. The ingoing weight of Australian ingredients
is made up of the chickpeas and the salt in the brine. The total ingoing weight is all
the beans, plus the salt. This gives us a percentage of Australian content
of 25%. Moving now to the tool. We will assume that the four bean mix will
be sold at a physical store or market, online or from a vending machine. We will also assume that the product will
be sold in different premises to where it has been grown, produced, made and packed. We assume that the product would be packaged. We know that the product is a priority food,
so we will select not listed above. In this example, the food product was not
grown OR produced OR made in Australia because not all ingredients are Australian, and the
product was not last substantially transformed in Australia. The food is not fresh fruit and vegetables
in transparent packaging. We know that the food or its ingredient was
grown or produced in two or more countries, including Australia. We know that the food was not substantially
transformed in Australia. We know that the food contains Australian
ingredients We also know that the food was not last substantially
transformed in a single overseas country. We will assume that the food was packed in
Australia. We will assume that the proportion of Australian
ingredients does not vary over time due to seasonality and/or for other reasons by selecting
the first option. This is the webpage where you can preview
and download the standard mark for the tinned four bean mix. We will choose the final custom option by
entering 25% Australian ingredients with Australian chickpeas. Here is the landscape preview for
the label. We will now commence the 2nd part of the presentation
on compliance and enforcement on behalf of the ACCC. In relation to country of origin labelling,
there are things the ACCC can and can’t do. The ACCC Can… provide information about rights and obligations investigate alleged breaches of the laws it
enforces direct you to useful resources Refer you to other agencies (as appropriate) The ACCC can also, in some cases, permit conduct otherwise caught by the law
(by way of notification or authorisation) The ACCC Can’t… tell you what label to use or ‘approve’
your label provide legal advice More broadly, the ACCC also can’t act on behalf of individual businesses help you resolve disputes set prices for goods and services e.g. groceries
and petrol tell you whether a breach has occurred (this
is up to the court) So, when is a food substantially transformed? A food will be substantially transformed in
a country if: It was ‘grown in’ or ‘produced in’
that country, or as a result of one or more processes undertaken
in that country, the goods are fundamentally different in identity, nature or essential
character from all of their ingredients or components that were imported into that country. This means that: A food that was ‘grown in’ or ‘produced
in’ Australia may also claim to have been ‘made in’ Australia. For foods with imported ingredients or components,
a closer assessment is required of the processing undertaken in that country and its effect
on the final product. A tip for businesses: The Standard does not
define what ‘identity’ ‘nature’ or ‘essential character’ mean. If your business
is trying to determine whether you have substantially transformed something, you should consider
the ordinary meanings of those terms. Identity – the condition, character or distinguishing
features of a thing. Nature – the particular combination of qualities
belonging to a thing by birth or constitution, native or inherent character. Essential character – the necessary or indispensable
qualities that distinguish one thing from others. What records should a business keep in relation
to food labelling? If your business sells packaged food or unpackaged
food with more than one ingredient, you must keep records supporting a country of origin
claim for 12 months after the sale of the food item. Records should include: Information regarding the proportion of Australian
ingredients Traceability information Contact details of who the products were received
from or who they were supplied to Dates of transactions Batch or lot identification Volume or quantity of products Relevant production records You will be required to provide this information
to the ACCC or another Australian Consumer Law regulator upon request. Non-compliance with the Standard and the Australian
Consumer Law Failure to comply with the Standard is likely
to contravene the Australian Consumer Law and expose a party to potential enforcement
action by the ACCC. If a business is compliant with the country
of origin labelling requirements of the Standard, they must still ensure that any country of
origin representation made by the product, either express or implied, is not false or
misleading. Pursuing businesses that engage in misleading
or deceptive conduct or make false or misleading representations about their products is a
priority for the ACCC. The maximum financial penalty for a breach
of the ACL is $1.1 million for a body corporate and $220 000 for a person. Other orders a court may make include injunctions,
compensatory orders and corrective advertising orders. A breach of the Australian Consumer
Law may also result in third parties who have suffered loss or damage taking legal action. Upon request by the ACCC or another Australian
Consumer Law regulator, a business will be required to provide any information that that
they have on hand or are able to access at the time that substantiates their claim. The ACCC Website has information including
frequently asked questions and more detailed guidance The ACCC has a small business information
network to allow businesses to keep up-to-date on small business related work undertaken
by the ACCC. The ACCC also has an agriculture network that
may be more suited to farmers and growers. The ACCC has free small business online education
programs to help you to understand your broader obligations under the Australian Consumer
Law, and includes more detailed information on when a claim is likely to be false, misleading
or deceptive. This is the end of the presentation. The material presented to you today should
be considered only general advice and guide. It is not legal advice. Businesses remain responsible for determining
whether their labels comply with the new requirements.

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