Standard 1.2.1

Application of Labelling and Other Information Requirements

Purpose

This Standard sets out the application of general labelling and other information requirements contained in Part 1.2 and labelling and information requirements specific to certain foods in Chapter 2 of this Code.  This Part sets out the labelling requirements for food for sale and information that must be provided in conjunction with the sale of certain foods, where labelling is not required.  Food Product Standards in Chapter 2 may impose additional labelling and information requirements for specific classes of food.

Table of Provisions

1 Interpretation

1A Application

2 Labelling of food for retail sale

3 Labelling of food not for retail sale etc.

4 Provision of information in relation to food etc.

5  Labelling of food for catering purposes

6 Provision of information in relation to food for catering purposes

7 Reserved

8 Types of other similar institutions

Clauses

1 Interpretation

In this Part –

assisted service display cabinet means an enclosed or semi-enclosed display cabinet which requires a person to serve the food as requested by the purchaser.

food for catering purposes includes food supplied to catering establishments, restaurants, canteens, schools, hospitals, and institutions where food is prepared or offered for immediate consumption.

food for retail sale means food for sale to the public and includes food prior to retail sale which is –

(a) manufactured or otherwise prepared, or distributed, transported or stored; and

(b) not intended for further processing, packaging or labelling.

intra company transfer means a transfer of food between elements of a single company, between subsidiaries of a parent company or between subsidiaries of a parent company and the parent company.

1A Application

Despite subclause 1(2) of Standard 1.1.1, the definition of ‘food for retail sale’ commences and applies exclusively from the date of gazettal.

2 Labelling of food for retail sale

(1) Subject to subclauses (2) and (4), food for retail sale must bear a label setting out all the information prescribed in this Code, except where –

(a) the food is not in a package; or

(b) the food is in an inner package not designed for individual sale.  Despite this, individual portion packs in a container or wrapper with a surface area of 30 cm² or greater must bear a label containing information in accordance with clauses 3 and 4 of Standard 1.2.3; or

(c) the food is made and packaged on the premises from which it is sold; or

(d) the food is packaged in the presence of the purchaser; or

(e) the food is whole or cut fresh fruit and vegetables, except sprouting seeds or similar products, in packages that do not obscure the nature or quality of the fruit or vegetables; or

(f) the food is delivered packaged, and ready for consumption, at the express order of the purchaser; or

(g) the food is sold at a fund raising event; or

(h) the food is packaged and displayed in an assisted service display cabinet.

(2) Despite subclause (1), food for retail sale must comply with any requirements specified in –

(a) subclause 1(2) of Standard 1.2.2 – Food Identification Requirements; and

(b) subclauses 2(2), 3(2), 4(2) and 5(2) of Standard 1.2.3 – Mandatory Warning and Advisory Statements and Declarations; and

(c) Reserved; and

(d) Standard 1.2.6 – Directions for Use and Storage; and

(e) subclauses 4(2) and 4(3) of Standard 1.2.8 – Nutrition Information Requirements; and

(f) subclause 2(3) of Standard 1.2.10 – Characterising Ingredients and Components of Food; and

(g) subclauses 2(2) and 2(3) of Standard 1.2.11 – Country of Origin Requirements (Australia only); and

(h) subclause 4(3) of Standard 1.5.2 – Food produced using Gene Technology; and

(i) clause 6 of Standard 1.5.3 – Irradiation of Food; and

(j) subclause 4(3) and clauses 5, 6, and 10 of Standard 2.2.1 – Meat and Meat Products; and

(k) clause 2 of Standard 2.2.3 – Fish and Fish Products; and

(l) subclause 3(2) of Standard 2.6.3 – Kava; and

(m) subclause 3(5) of Standard 2.6.4 – Formulated Caffeinated Beverages; and

(n) subclauses 3(1), 3(2), 3(3) and 3(4) of Standard 2.9.4 – Formulated Supplementary Sports Foods.

(3) Paragraph 2(1)(f) of this Standard does not apply to food sold from a vending machine.

(4) Where food is sold in a hamper –

(a) subclause 2(1) does not apply; and

(b) a package of food must bear a label setting out all of the information prescribed in this Code; and

(c) unpackaged food must be accompanied with documentation setting out the information prescribed in this Code.

3 Labelling of food not for retail sale etc.

(1) Subject to subclause (2), food other than food –

(a) for retail sale; or

(b) for catering purposes; or

(c) supplied as an intra company transfer;

must bear a label containing the information prescribed in Standard 1.2.2, except where the food –

(d) is not in a package; or

(e) is in an inner package or packages contained in an outer package where the label on the outer package includes the information prescribed in Standard 1.2.2; or

(f) is in a transportation outer and the information prescribed in Standard 1.2.2 is clearly discernable through the transportation outer on the labels on the packages within.

(2) The information prescribed in clause 3 of Standard 1.2.2 is not required to be on the label on a food where that information is provided in documentation accompanying that food.

4 Provision of information in relation to food not for retail sale etc.

(1) Where a purchaser or relevant authority has so requested, a package of food, other than food for –

(a) retail sale; or

(b) catering purposes; or

(c) supplied as an intra company transfer;

must be accompanied by sufficient information in relation to that food to enable the purchaser to comply with the –

(d) compositional requirements of this Code; and

(e) labelling or other declaration requirements of this Code.

(2) The information referred to in subclause (1) must be supplied in writing where the relevant authority or purchaser has so requested.

5 Labelling of food for catering purposes

(1) Subject to subclause (2), food for catering purposes must bear a label setting out all of the information prescribed in –

(a) Standard 1.2.2 – Food Identification Requirements; and

(b) Standard 1.2.3 – Mandatory Warning and Advisory Statements and Declarations; and

(c) Standard 1.2.5 – Date Marking of Food; and

(d) Standard 1.2.6 – Directions for Use and Storage; and

(e) Standard 1.2.11 – Country of Origin Requirements (Australia only); and

(f) Standard 1.5.2 – Food Produced Using Gene Technology; and

(g) Standard 1.5.3 – Irradiation of Food.

(2) Subclause (1) does not apply to –

(a) food not in a package; or

(b) whole or cut fresh fruit and vegetables, except sprouting seeds or similar products, in packages that do not obscure the nature or quality of the fruit or vegetables; or

(c) an outer package where the –

(i) label on the outer package includes the information prescribed in Standard 1.2.2; and

(ii) food in the inner package is labelled in accordance with subclause (1); or

(d) an outer package where the –

(i) information prescribed in clause 3 of Standard 1.2.2 is provided in documentation accompanying that food; and

(ii) label on the outer package includes the information prescribed in clauses 1 and 2 of Standard 1.2.2; and

(iii) food in the inner package is labelled in accordance with subclause (1).

6 Provision of information in relation to food for catering purposes

(1) Subject to subclause (2), information prescribed in this Code, other than that prescribed in subclause 5(1), is not required to be on the label of food for catering purposes where that information is provided in documentation.

(2) The information prescribed in clause 3 of Standard 1.2.2 is not required to be on the label of food for catering purposes where that information is provided in documentation accompanying that food.

(3) Where food for catering purposes is not required to bear a label, that food must be accompanied by documentation containing all of the information prescribed in subclause 5(1).

(4) Where a purchaser or relevant authority has so requested, food which is for catering purposes must be accompanied by sufficient information in relation to that food to enable the purchaser to comply with the –

(a) compositional requirements of this Code; and

(b) labelling or other declaration requirements of this Code.

7 Reserved

8 Types of other similar institutions

(1) The facilities listed in Column 1 of the Table to this clause are ‘other similar institutions’ for the purposes of Standard 1.1.1 and Part 1.2 of this Code.

Table to clause 8

Table to clause 8 (continued)

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