Food Amendment (Beef Labelling) Act 2009 (NSW)

Food Amendment (Beef Labelling) Act 2009 No 120

An Act to amend the Food Act 2003 with respect to the advertising, packaging and labelling of beef.

1 Name of Act This Act is the Food Amendment (Beef Labelling) Act 2009.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

Schedule 1 Amendment of Food Act 2003 No 43

[1] Part 2, Division 2A Insert after section 23:

Division 2A Beef labelling

23A Beef labelling schemes (1) The regulations may prescribe schemes regulating the use of words and expressions used in the labelling of any type of beef intended for sale or beef for sale to indicate the type of beef, the quality of beef or any other characteristic of the beef. (2) Without limiting subsection (1), the regulations prescribing a scheme may: (a) specify the type of beef that the scheme applies to, or (b) specify the requirements for labelling beef with a word or expression indicating the type, quality or any other characteristic of the beef, or (c) specify any other conditions relating to the use of a word or expression indicating the type, quality or any other characteristic of the beef, or (d) prohibit activities in relation to the labelling of beef, or (e) require records to be kept in relation to the labelling of beef. (3) This section does not limit the operation of the provisions of this Act relating to food safety schemes. (4) In this section: beef means the whole or any part of the carcase of any bovine animal.

23B Misleading and deceptive conduct in relation to beef (1) For the purposes of section 18 (1), a person carrying on a food business is taken to have engaged in conduct that is misleading or deceptive (or is likely to mislead or deceive) in relation to the advertising, packaging or labelling of beef intended for sale, or in relation to the sale of beef, if: (a) the person does not use AUS-MEAT language consistently (unless the person is complying with a scheme prescribed under section 23A), or (b) the person voluntarily adopts, but does not consistently comply with, a scheme prescribed under section 23A, or (c) the beef is advertised, packaged or labelled with the word "budget" and does not also include the words "low grade" or "low quality", or (d) the beef is advertised, packaged or labelled with the word "manufacturing" and does not also include the words "suitable for mince only". (2) For the purposes of subsection (1) (a), a person does not use AUS-MEAT language consistently if: (a) the person advertises, packages, labels or sells beef described by means of AUS-MEAT language, and (b) other beef advertised, packaged, labelled or sold by that person is described by any other means that does not include a description by means of: (i) AUS-MEAT language, or (ii) a consumer descriptor. (3) For the purposes of subsection (1) (b), a person voluntarily adopts, but does not consistently comply with, a scheme prescribed under section 23A, if: (a) the person labels any beef in accordance with a scheme prescribed under section 23A or advertises, packages or sells beef that has been labelled in accordance with such a scheme, and (b) the person does not comply with that scheme in respect of all beef to which the scheme applies that is advertised, packaged, labelled or sold by that person. (4) This section does not limit the operation of section 18 (1). (5) In this section: AUS-MEAT language means any words, letters or symbols (other than the words beef, steak or veal or any words indicating a cooking method) that (whether alone, in combination or together with other words, letters or symbols) are used by the AUS-MEAT manual to designate or indicate beef as belonging to a particular type, quality, classification, category, cut or grade. AUS-MEAT manual means the Australian Meat Industry Classification System (Manual 1) (2009 edition) published by AUS-MEAT Limited (ACN 082 528 881) or, if a replacement document is prescribed for the purposes of this definition, that document. beef means the whole or any part of the carcase of any bovine animal. consumer descriptor means a word or expression prescribed by the regulations that is used to describe beef that is of a cut prescribed by the regulations.