An Act to amend the Food Act 2006 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Food (Labelling of Seafood) Amendment Act 2021.
This Act commences on 1 July 2023.
This Act amends the Food Act 2006.
4Amendment of s 8 (Main purposes)
insert—(ba)to ensure seafood for sale at dining outlets is identified by country of origin information;
5Amendment of s 9 (How main purposes are primarily achieved)
insert—(da)requiring country of origin information to be displayed for seafood sold at dining outlets; and
6Amendment of s 164B (Definitions)
Section 164B, definition menu—
After chapter 6A—
insert—In this chapter—country of origin information, for seafood, includes any statement, image, label, word or abbreviation which—(a)is clear and legible; and(b)identifies—(i)the country of origin of the seafood; ora statement that the seafood is a ‘Product of Russia’ or a map of Russia or an image of the Russian flag(ii)if the seafood is named in a manner that identifies the country of origin—the name of the seafood; ora sign that reads ‘Australian Barramundi’(iii)for seafood that has a country of origin other than Australia—that the seafood is imported.a label that displays ‘I’ or ‘imp’ to identify that the seafood is imported(a)means a business whose primary purpose includes the sale of seafood for immediate consumption on or off the business premises; but(b)does not include a business required to comply with the Country of Origin Food Labelling Information Standard 2016 (Cwlth) in relation to the sale of seafood for immediate consumption on or off the business premises.cafe, coffee shop, drive-through facility, kiosk, milk bar, restaurant, takeaway shop(1)This section applies to seafood for sale at a dining outlet for immediate consumption, whether the seafood is sold for immediate consumption on or off the business premises.(2)The proprietor of the dining outlet must not sell the seafood unless the seafood is identified with country of origin information—(a)if the seafood is wholly sourced from Australian waters—identifying that the sole country of origin of the seafood is Australia; or(b)if the seafood is not sourced from Australian waters—identifying that the sole country of origin is not Australia or that the seafood is wholly imported; or(c)if a product containing the seafood includes seafood sourced from Australian waters and seafood not sourced from Australian waters—identifying that the product includes—(i)seafood with a country of origin of Australia; and(ii)seafood with a country of origin that is not Australia or seafood that is imported.
Maximum penalty—(a)for a first offence—1 penalty unit; or(b)for a second or subsequent offence—5 penalty units.(3)The proprietor is taken to comply with subsection (2)—(a)if the seafood is listed in a menu, or included in an item listed in a menu and the menu includes the country of origin information for the seafood; or(b)if the country of origin information for the seafood is clearly visible at the point of sale to a person purchasing the seafood.(4)In this section—Australian fishing zone see the Fisheries Management Act 1991 (Cwlth), section 4.(a)waters within the Australian fishing zone; and(b)Queensland waters.
8Amendment of sch 3 (Dictionary)
(1)Schedule 3, definition menu—
insert—(a)lists or otherwise shows 1 or more items of food; and(b)is either—(i)on a board, poster, leaflet or similar thing at the premises from which the items of food shown on the menu are sold; or(ii)distributed or available outside of the premises from which the items of food shown on the menu are sold.