Food Act 2003 No 43
Current version for 1 July 2014 to date (accessed 29 November 2014 at 15:57)
Part 8Division 4

Division 4 Requirements relating to display of nutritional information for food

106K   Definitions

In this Division:

menu means a menu, in printed or electronic form, that lists or otherwise shows one or more items of food and that:

(a)  is on a board, poster, leaflet or the like at the premises from which the item or items of food in the menu are sold, or
(b)  is distributed or available outside of the premises from which the item or items of food in the menu are sold by means of the internet or a printed leaflet.

ready-to-eat food means food that is in a state in which it is ordinarily consumed, but does not include nuts in the shell or raw fruit or vegetables that are intended to be hulled, peeled or washed by the consumer.

sell means sell as defined in section 4 (1), but by retail only.

standard food item—see section 106L.

standard food outlet—see section 106M.

106L   Meaning of “standard food item”

(1)  In this Division, standard food item means an item of ready-to-eat food for sale that is sold in servings that are standardised for portion and content and that:
(a)  is listed or otherwise shown on a menu, or
(b)  is displayed for sale with a price tag or label or an identifying tag or label,
and includes any item of ready-to-eat food for sale that is of a kind, class or description prescribed by the regulations.
(2)  If a number of standard food items are shown or displayed for sale as referred to in subsection (1) as a combination, the combination is to be treated for the purposes of this Division as a single standard food item.
(3)  If an item of food referred to in subsection (1) is shown or displayed for sale in different standard sizes or portions (for example, small, medium or large), each standard size or portion of the item of food is to be treated as a separate standard food item.
(4)  Despite subsection (1), standard food item does not include an item of food that is packaged in a way that is prescribed by the regulations as prepackaged.

106M   Meaning of “standard food outlet”

(1)  In this Division, a standard food outlet means premises at which standard food items are sold by a food business if:
(a)  the food business sells standard food items at other premises or while operating in a chain of food businesses that sell standard food items, and
(b)  at least one of the standard food items that are sold at the premises has been standardised for portion and content so as to be substantially the same as standard food items of that type sold at those other premises or by the other food businesses in the chain.
(2)  For the purposes of this section, a food business is operating in a chain of food businesses that sell standard food items if:
(a)  it is operating as one of a group of food businesses that sell standard food items under franchise arrangements with a parent business or under common ownership or control, or
(b)  it sells standard food items under the same trading name as a group of other food businesses that sell standard food items.

106N   Requirement for certain standard food outlets to display nutritional information

(1)  This section applies to a standard food outlet that is of a kind, class or description prescribed by the regulations.
(2)  The proprietor of a standard food outlet to which this section applies must ensure that:
(a)  nutritional information of a kind prescribed by the regulations is displayed in relation to standard food items that are sold at the outlet, and
(b)  the nutritional information is determined in accordance with any requirements of the regulations for nutritional information of that kind, and
(c)  the nutritional information is displayed in the manner and locations prescribed by the regulations for nutritional information of that kind.
(3)  A person must not intentionally contravene subsection (2).

Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.

(4)  A person must not contravene subsection (2).

Maximum penalty: 100 penalty units in the case of an individual and 500 penalty units in the case of a corporation.

(5)  If, on the trial of a person charged with an offence against subsection (3) the court is not satisfied that the person committed the offence but is satisfied that the person committed an offence against subsection (4), the court may find the person not guilty of the offence charged but guilty of an offence against subsection (4), and the person is liable to punishment accordingly.

106O   Voluntary display of nutritional information to meet certain requirements

(1)  This section applies to a standard food outlet other than a standard food outlet to which section 106N applies.
(2)  The proprietor of a standard food outlet to which this section applies must not display nutritional information of a kind prescribed by the regulations in relation to standard food items that are sold at the outlet unless the nutritional information:
(a)  is determined in accordance with any requirements of the regulations for nutritional information of that kind, and
(b)  is displayed in the manner and locations prescribed by the regulations for nutritional information of that kind.

Maximum penalty: 100 penalty units in the case of an individual and 500 penalty units in the case of a corporation.

106P   Regulations relating to explanatory material about nutritional information

The regulations may make provision for or with respect to regulating or prohibiting the display or distribution by a standard food outlet of explanatory material or any other material about nutritional information for food or for any type or class of food.

106Q   Exemptions from operation of Division

(1)  The regulations may exempt, with or without conditions, any class of persons, food businesses, premises, food or activities from the operation of all or any of the provisions of this Division.
(2)  Any such exemption has no effect during any period in which a condition to which it is subject is not complied with.

106R   Review of Division and regulations under the Division

(1)  The Minister is to review this Division and any regulations made under this Division to determine whether:
(a)  the policy objectives of this Division and those regulations remain valid, and
(b)  the terms of this Division and those regulations remain appropriate for securing those objectives, and
(c)  the terms of this Division or those regulations, or both, should be amended so that the nutritional information to be displayed includes information relating to fat and salt.
(2)  The review is to be undertaken as soon as possible after 1 February 2012.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after that date.
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