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

My question is to Senator Ludwig, the Minister representing the Minister for Health and Ageing. My question relates to an article by Miles Kemp in the Adelaide Advertiser today that revealed South Australian health department officials recently conducted a random audit of 20 baby formulas which found that one in three had incorrect country of origin labelling and that the companies responsible were in New South Wales. In 2008, 300,000 infants in China fell ill and six died because they drank formula contaminated with the chemical melamine. Does the government concede that, because of our inadequate and incredibly lax labelling laws, Australian parents could potentially be feeding their infants baby formula from countries with appalling and potentially dangerous food standards and not even know it? What involvement does the federal government have in overseeing state and territory enforcement of food-labelling regulations?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Xenophon for his question. Can I say at the outset that the government does not concede the first point. All food produced or imported for sale in Australia and New Zealand is required by law to comply with the Australia New Zealand Food Standards Code, state and territory food legislation and other legislative requirements. State and territory enforcement agencies are responsible for enforcing the code for all food available for sale within their jurisdictions, including imported food. These agencies can investigate specific complaints and, if they consider it necessary, prosecute offenders for breaching provisions in the code. The federal government is not directly involved in that, which goes to your second point.

Infant formula is of course required to be labelled with country of origin. I am aware of the South Australian health department having identified, through routine monitoring, a compliance issue with one infant formula product which originated in New South Wales. South Australia has correctly referred the issue to New South Wales authorities for further investigation and, if required, enforcement action. This is the appropriate course of action to take when these issues are raised. They are of grave concern and I do understand Senator Xenophon’s concerns in this area.

Country of origin labelling is one of a number of issues that are being considered by the Blewett review of food labelling, which will report to COAG in early 2011. This independent review will have the opportunity to canvass the need for any changes to labelling policy, including country of origin. Australia has extensive country of origin labelling requirements mandated for packaged food. (Time expired)

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

Mr President, I ask a supplementary question. Given that the states appear unable to effectively enforce these labelling requirements, does the government consider it appropriate that there ought to be a national approach to ensure that companies tell the truth when it comes to labelling?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Xenophon for his first supplementary question. The Australia New Zealand Food Regulation Ministerial Council, made up of ministers from the Commonwealth, state and territory governments of Australia and representatives from New Zealand and the Council of Australian Governments, COAG, has established an independent review panel to conduct a formal review of food labelling law and policy. The review panel is concerned to ensure that all relevant food labelling issues be considered, including the enforcement of food labelling.

The Australian government is committed to both simplifying and strengthening food labelling laws for the benefit of Australian consumers. The Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010, due to come into effect from 1 January 2011, includes a provision for a ‘grown in’ claim to be made when produce is not only made but also grown in the country claimed as the country of origin. (Time expired)

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

Mr President, I ask a further supplementary question. Given that the Blewett review, which has been going since October 2009, will report early next year, what does the government believe will be the time frame for acting on its recommendations? What will the time frame be from the time the government gets that review to dealing with it at a national level?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Xenophon for his second supplementary question. As I have mentioned, the issue of food labelling and policy is currently the subject of a formal review by an independent expert panel headed by Dr Neal Blewett. As part of this review, which includes a consideration of country-of-origin food labelling, the panel has released issues papers for public consultation. The review panel will make a presentation to the Food Regulation Ministerial Council at its meeting on 3 December 2010. COAG will decide on the public release of the report after it receives the final report in early 2011. I am unable to provide a date for that until that COAG meeting takes place. The review of food labelling law and policy is part of the Australian government’s deregulation agenda and the review, as I have indicated— (Time expired)