Pet Food (Marketing and Labelling) Bill 2024 (SA)

South Australia Pet Food (Marketing and Labelling) Bill 2024 A Bill For An Act to regulate the marketing and labelling of pet food and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Offences in relation to marketing and labelling of pet food 4 Person must not sell pet food that is not labelled in accordance with AS 5812:2023 5 Person must ensure pet food label complies with AS 5812:2023 6 Person must provide relevant information 7 Person must not engage in prohibited marketing Part 3—Enforcement 8 Appointment of authorised officers 9 Powers of authorised officers 10 Offence to hinder etc authorised officers Part 4—Miscellaneous 11 False or misleading information 12 Regulations and fee notices

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Pet Food (Marketing and Labelling) Act 2024. 2—Commencement This Act comes into operation 2 months after the day on which it is assented to by the Governor. 3—Interpretation In this Act— AS 5812:2023 means Australian Standard AS 5812:2023 (Manufacturing and marketing of pet food—Cats and dogs) as in force from time to time; pet means a domesticated cat or dog; pet food means a substance manufactured or intended for consumption by a pet and includes— (a) raw meat; and (b) dried animal parts; and (c) supplements; and (d) any other substance, or substance of a class, brought within the ambit of this definition by the regulations, but does not include a substance, or substance of a class, excluded from the ambit of this definition by the regulations; sell includes offer for sale.

Part 2—Offences in relation to marketing and labelling of pet food 4—Person must not sell pet food that is not labelled in accordance with AS 5812:2023 (1) A person must not sell by retail pet food that is not labelled in accordance with AS 5812:2023. Maximum penalty: (a) for a first offence—$20 000; (b) for a second offence—$40 000; (c) for a third or subsequent offence—$60 000. (2) It is a defence to a charge of an offence under subsection (1) if the person proves that they believed on reasonable grounds that the pet food was labelled in accordance with AS 5812:2023. 5—Person must ensure pet food label complies with AS 5812:2023 A person who labels pet food for retail sale must ensure that the label complies with AS 5812:2023. Maximum penalty: (a) for a first offence—$20 000; (b) for a second offence—$40 000; (c) for a third or subsequent offence—$60 000. 6—Person must provide relevant information (1) A person (the relevant person) who sells or supplies pet food, or an ingredient intended for pet food, prior to the pet food being labelled for retail sale must provide all relevant information to the person to whom the pet food, or ingredient, is being sold or supplied. Maximum penalty: (a) for a first offence—$20 000; (b) for a second offence—$40 000; (c) for a third or subsequent offence—$60 000. (2) In this section— relevant information means— (a) information within the knowledge of the relevant person that is required by the person who will label the pet food for retail sale to enable that person to comply with AS 5812:2023 in respect of labelling; or (b) any other information brought within the ambit of this definition by the regulations, but does not include information excluded from the ambit of this definition by the regulations. 7—Person must not engage in prohibited marketing (1) A person must not, in the course of carrying on a business, engage in prohibited marketing. Maximum penalty: (a) for a first offence—$20 000; (b) for a second offence—$40 000; (c) for a third or subsequent offence—$60 000. (2) In this section— prohibited marketing means marketing of pet food that does not comply with AS 5812:2023.