Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 9 Display of nutritional information for food
107 Definitions—pt 9
In this part:
"menu" means a menu, in printed or electronic form, that lists or otherwise shows 1 or more items of food and that—
(a) is on a board, poster, leaflet or similar thing at the premises where the item or items of food listed or shown on the menu are sold; or
(b) is distributed or available outside the premises where the item or items of food listed or shown on the menu are sold by 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.
"sell" means sell as defined in section 9 (1), but by retail only.
"standard food item"—see section 108.
"standard food outlet"—see section 109.
108 Meaning of standard food item —pt 9
(1) In this part:
"standard food item"—
(a) means an item of ready-to-eat food for sale that is sold in servings that are standardised for portion and content and that—
(i) is listed or otherwise shown on a menu; or
(ii) is displayed for sale with a price tag or label or an identifying tag or label; and
(b) includes an item of ready-to-eat food for sale that is prescribed by regulation; but
(c) does not include an item of ready-to-eat food that—
(i) arrives at the premises where it is sold in a container or wrapper in or by which the food is wholly enclosed (whether or not the food is also in an outer container or wrapper that contains multiple units of the food); and
(ii) is not removed from its container or wrapper (other than any outer container or wrapper) before its sale at the premises.
(2) If a number of standard food items are shown or displayed for sale as mentioned in subsection (1) as a combination, the combination is to be treated for this part as a single standard food item.
(3) If an item of food mentioned 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 is to be treated for this part as a separate standard food item.
109 Meaning of standard food outlet
(1) Premises where standard food items are sold by a food business is a "standard food outlet" 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 1 of the standard food items sold at the premises has been standardised for portion and content so as to be substantially the same as standard food items of that kind sold at the other premises or by the other food businesses in the chain.
(2) For this section, a food business is operating in a chain of food businesses that sell standard food items if—
(a) it is operating as 1 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.
110 Certain standard food outlets to display nutritional information
(1) This section applies to a standard food outlet of a food business that—
(a) sells standard food items at 7 or more places in the ACT or at 50 or more places in Australia; or
(b) operates in a chain of food businesses that sell standard food items if together the businesses sell standard food items at 7 or more places in the ACT or at 50 or more places in Australia.
(2) However, this section does not apply to a standard food outlet of a food business that primarily provides food catering services.
(3) The proprietor of the standard food outlet must ensure that—
(a) the nutritional information prescribed by regulation is displayed in relation to standard food items sold at the outlet; and
(b) the nutritional information is worked out in accordance with any requirements prescribed by regulation for nutritional information of that kind; and
(c) the nutritional information is displayed in the way and at the places prescribed by regulation for nutritional information of that kind.
(4) A person must not intentionally contravene subsection (3).
Maximum penalty: 500 penalty units.
(5) A person must not contravene subsection (3).
Maximum penalty: 100 penalty units.
(6) An offence against subsection (5) is a strict liability offence.
(7) If, on the trial of a person charged with an offence against subsection (4), the court is not satisfied that the person committed the offence but is satisfied that the person committed an offence against subsection (5), the court may find the person not guilty of the offence charged but guilty of an offence against subsection (5), but only if the person has been given procedural fairness in relation to that finding of guilt.
111 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 110 applies.
(2) The proprietor of the standard food outlet must not display nutritional information prescribed by regulation in relation to standard food items sold at the outlet unless the nutritional information—
(a) is worked out in accordance with any requirements prescribed by regulation for nutritional information of that kind; and
(b) is displayed in the way and at the places prescribed by regulation for nutritional information of that kind.
Maximum penalty: 100 penalty units.
(3) An offence against this section is a strict liability offence.
112 Commencement of regulation made for s 110 or s 111
Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation made for section 110 or section 111 commences—
(a) if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the disallowance motion is negatived; or
(b) on the day after the 6th sitting day after the day the regulation is presented to the Legislative Assembly under that chapter; or
(c) if the regulation provides for a later date or time of commencement—on that date or at that time.
113 Display or distribution of explanatory material etc about nutritional information
A regulation may make provision in relation to the display or distribution by a standard food outlet of explanatory material or any other material about nutritional information for food.
114 Exemptions from pt 9
(1) The Minister may exempt, with or without conditions, any people, food businesses, premises, food or activities from the operation of all or any provisions of this part.
(2) An exemption must state the reasons for the exemption.
(3) An exemption has no effect during any period in which a condition of the exemption is not complied with.
(4) An exemption is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
115 Review of pt 9
(1) The Minister must review the operation of this part as soon as practicable after the end of its 3rd year of operation.
(2) The Minister must present a report of the review to the Legislative Assembly within 1 year after the review is started.
(3) The Minister must also present with the report any study or review prepared by the Commonwealth or a State that deals with the requirement to display at food outlets nutritional information about the following contents of food sold at the outlet:
(a) salt content;
(b) fat content;
(c) carbohydrate content.
(4) This section expires 5 years after the day it commences.