Nick Xenophon (SA, Independent) Share this | Hansard source

I table the explanatory memorandum and move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

FOOD STANDARDS AMENDMENT (FISH LABELLING) BILL 2015

The introduction of this Bill is timely, given the recent increased awareness of the need for clear and concise country of origin labelling on food. Sadly, this awareness has come as Australians have fallen ill with Hepatitis A as the result of contaminated frozen berries imported from China. It is a great tragedy that people have had to suffer for the Government to take action on food labelling, despite the fact that both the previous and current governments have been made well aware of the need for improved standards.

The measures in this Bill directly implement the recommendation from the Senate Rural and Regional Affairs and Transport References Committee inquiry into the current requirements for labelling of seafood and seafood products, which reported on 18 December 2014.

Under the current Standard 1.2.11 of the Australia New Zealand Food Standards Code, country of origin labelling is required for fish, including fish that has been mixed or coated with one or more other foods. This requirement also applies to fish that has been processed in some way, either by cutting or filleting, smoking, curing, pickling or cooking. It is also important to note that in the context of the Code, fish is considered to be "any of the cold-blooded aquatic vertebrates and aquatic invertebrates including shellfish, but does not include amphibians and reptiles"1.

This Standard, however, includes an exemption for food that is offered for immediate consumption by restaurants, canteens, schools, caterers or self-catering institutions, prisons, hospitals, or other venues listed in the Table accompanying the Standard.

Following its inquiry, the Committee recommended that this exemption be removed, and that country of origin labelling should apply to fish provided for immediate consumption; for example, for fish sold in restaurants, bars and fish and chip shops.

This recommendation follows the removal of the exemption in the Northern Territory, where fish from overseas provided for immediate consumption is required to be labelled as 'imported'. The aim of this is to provide consumers with greater choice and information, and the Committee inquiry found that these measures had high support both from consumers and the food services sector.

The provisions in this Bill will require Food Standards Australia New Zealand (FSANZ) to develop and implement a Standard within 12 months to require country of origin labelling to apply to fish offered for immediate consumption in the food services sector in Australia. The exemption applies to a broad class; however, the Bill defines the food services sector to ensure that the requirements do not have a negative impact on venues where consumers are unlikely to be able to choose between products. For example, the definition in the Bill does not include hospitals, schools, prisons and so on, but does include restaurants, bars and takeaway shops. It also allows the Standard to be applied to other entities if required.

The Bill also exempts the first Standard developed under the Bill from the usual processes that must be adhered to by FSANZ, as the legislation already sets out many of the matters to be included in the Standard that would otherwise need to be determined by these processes. This exemption does not, however, apply to any subsequent Standard developed under these provisions.

Ultimately, this Bill is not just about increasing consumer knowledge and capacity for exercising choice. It is also about supporting Australian produce, and by extension Australian producers, and fostering Australian industry and jobs.

1 Australia New Zealand Food Standards Code - Standard 2.2.3 - Fish and Fish Products, available online: http://www.comlaw.gov.au/Details/F2011C00569.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.