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Australian law interpretation: can 'Made in Australia' be printed on the product at will?

 
[Law]     27 Jul 2019
Retail food is required to display country of origin information under the Australian Consumer Act (ACL). ACL does not require non-food products to bear country of origin labels, but other law also requires non-food products to be marked as countries of origin.

Retail food is required to display country of origin information under the Australian Consumer Act (ACL). ACL does not require non-food products to bear country of origin labels, but other law also requires non-food products to be marked as countries of origin.

All enterprises, whether required by law or chosen to label the country of origin, shall not make false or misleading statements about the origin of the goods (food and non-food) or mislead or deceive the sexual behavior. Country of origin statements can be in the form of words and / or pictures, either in such a clear form as "made in Australia", or in maps or charts of a country where the product comes from a particular country.

Australian law interpretation: can 'Made in Australia' be printed on the product at will?


Food products 

Claims that the product "grown in" in a country is usually used for fresh food (such as fruits and vegetables), and means that the food is actually grown in the claimed country. Foods with multiple ingredients can also be claimed to have been "grown" in a particular country, as long as all the important ingredients come from that country and almost all processing takes place in that country. However, priority foods (such as meat,

Fruits, vegetables, bread and dairy products) if it contains only Australian ingredients, it can only claim "grown in Australia".

Claiming that food is a "product of" country means that all important ingredients in food come from a designated country and that almost all processing takes place in that country. The statement is usually used in fresh and processed foods. As grown in claims, priority foods that contain only materials from Australia can only be claimed to be "product of Australia".

"Made in" claims to mean that food has made the last major shift in a designated country, (last substantial transformation) (, which does not necessarily mean that all ingredients come from that country).

Australian law interpretation: can 'Made in Australia' be printed on the product at will?


Other types of products 

(made in), which claims that the product is made in a particular country, simply indicates where the product was created. Different from & # 39 growing in' or & # 39 / product of', the source of each component of the product is independent of & # 39 / made in'. This means that the product does not need to contain all components from a country to claim that it is "made in that country" of (made in). According to section 255 (1) of ACL, if you can prove that it has undergone the last substantial change in Australia, (last substantial transformation), you can indicate that the product was manufactured or manufactured in Australia.


Nature's Care Fish liver Oil case 

In 2018, the federal court denied that Nature`s Care cod liver oil products claimed to be "made in Australia." The case gives a lot of questions about how the court determines whether the product can be called "made in Australia."

In this case, Nature`s care`s dried fish oil and vitamin D capsule products claim to be "made in Australia".

The fish liver oil of this product is imported from intelligence. Vitamin D is imported from China in the form of canned powder. The final capsule is made in Australia. The capsule skin glycerin is imported from Indonesia. The colloid needed for the capsule outer skin is purchased locally in Australia in the form of powder. In the end, the court found that because the final capsule was only a mixture of imported fish liver oil and vitamin D, the actual chemical composition of the two did not occur in the process of making the capsule with change. The court held that the colloid that made the capsule itself had a qualitative change, but because it was not the core ingredient of the product, imported fish liver oil and vitamin D were the core ingredients of the product. Even if the manufacturing process itself (that is, mixing imported fish glycerin and vitamin D into each capsule particle) occurs in Australia, the court held that the product did not have the last major change (last substantial transformation) in Australia, so the product could not be claimed to be "made in Australia".

Australian law interpretation: can 'Made in Australia' be printed on the product at will?

The Nature`s Care cod liver oil case shows that law claims strict requirements in "made in Australia" that simple manufacturing processes such as assembling or installing imported raw materials / originals in Australia do not allow a product to generate itself as` made in Australia`. Erroneous or misleading use of products such as` made in`, `grown in` or `product of` claims serious violations of Australian consumption law ACL and results in fines. Therefore, before using these claims, we should carefully consider the properties of the product, the origin and use of raw materials, the complexity of the manufacturing process, ensure the use of the correct product description information and comply with the Australian consumption Law ACL requirements for product description.

Australian law interpretation: can 'Made in Australia' be printed on the product at will?


In this paper, the author:Fei Wensi.

Dr. law, University of Bond (Honorary), lawer registered by the Supreme Court of Queensland

NATTI two-way professional translation between China and English

Involved in intellectual property law, commercial law company law, non-profit organization law and civil procedure law, etc.

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