{"id":"nsw:act-2009-120","name":"Food Amendment (Beef Labelling) Act 2009","slug":"food-amendment-beef-labelling-act-2009","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"120 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":55442,"registerId":"nsw-act-2009-120-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Food Amendment (Beef Labelling) Act 2009](/view/html/inforce/current/act-2009-120).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Food Act 2003 No 43","content":"# Schedule 1 Amendment of Food Act 2003 No 43\n\nSchedule 1 Amendment of [Food Act 2003 No 43](/view/html/inforce/current/act-2003-043)\n\n**sch 1:** Am 1987 No 15, sec 30C.","sortOrder":2},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Beef labelling","content":"## Division 2A Beef labelling\n\nDivision 2A Beef labelling","sortOrder":4},{"sectionNumber":"23A","sectionType":"section","heading":"Beef labelling schemes","content":"#### 23A Beef labelling schemes\n\n23A Beef labelling schemes\n\n> > (1) The regulations may prescribe schemes regulating the use of words and expressions used in the labelling of any type of beef intended for sale or beef for sale to indicate the type of beef, the quality of beef or any other characteristic of the beef.\n> \n> > (2) Without limiting subsection (1), the regulations prescribing a scheme may:\n> > \n> > > (a) specify the type of beef that the scheme applies to, or\n> > \n> > > (b) specify the requirements for labelling beef with a word or expression indicating the type, quality or any other characteristic of the beef, or\n> > \n> > > (c) specify any other conditions relating to the use of a word or expression indicating the type, quality or any other characteristic of the beef, or\n> > \n> > > (d) prohibit activities in relation to the labelling of beef, or\n> > \n> > > (e) require records to be kept in relation to the labelling of beef.\n> \n> > (3) This section does not limit the operation of the provisions of this Act relating to food safety schemes.\n> \n> > (4) In this section:\n> > \n> > beef means the whole or any part of the carcase of any bovine animal.","sortOrder":5},{"sectionNumber":"23B","sectionType":"section","heading":"Misleading and deceptive conduct in relation to beef","content":"#### 23B Misleading and deceptive conduct in relation to beef\n\n23B Misleading and deceptive conduct in relation to beef\n\n> > (1) For the purposes of section 18 (1), a person carrying on a food business is taken to have engaged in conduct that is misleading or deceptive (or is likely to mislead or deceive) in relation to the advertising, packaging or labelling of beef intended for sale, or in relation to the sale of beef, if:\n> > \n> > > (a) the person does not use AUS-MEAT language consistently (unless the person is complying with a scheme prescribed under section 23A), or\n> > \n> > > (b) the person voluntarily adopts, but does not consistently comply with, a scheme prescribed under section 23A, or\n> > \n> > > (c) the beef is advertised, packaged or labelled with the word “budget” and does not also include the words “low grade” or “low quality”, or\n> > \n> > > (d) the beef is advertised, packaged or labelled with the word “manufacturing” and does not also include the words “suitable for mince only”.\n> \n> > (2) For the purposes of subsection (1) (a), a person does not use AUS-MEAT language consistently if:\n> > \n> > > (a) the person advertises, packages, labels or sells beef described by means of AUS-MEAT language, and\n> > \n> > > (b) other beef advertised, packaged, labelled or sold by that person is described by any other means that does not include a description by means of:\n> > > \n> > > > (i) AUS-MEAT language, or\n> > > \n> > > > (ii) a consumer descriptor.\n> \n> > (3) For the purposes of subsection (1) (b), a person voluntarily adopts, but does not consistently comply with, a scheme prescribed under section 23A, if:\n> > \n> > > (a) the person labels any beef in accordance with a scheme prescribed under section 23A or advertises, packages or sells beef that has been labelled in accordance with such a scheme, and\n> > \n> > > (b) the person does not comply with that scheme in respect of all beef to which the scheme applies that is advertised, packaged, labelled or sold by that person.\n> \n> > (4) This section does not limit the operation of section 18 (1).\n> \n> > (5) In this section:\n> > \n> > AUS-MEAT language means any words, letters or symbols (other than the words beef, steak or veal or any words indicating a cooking method) that (whether alone, in combination or together with other words, letters or symbols) are used by the AUS-MEAT manual to designate or indicate beef as belonging to a particular type, quality, classification, category, cut or grade.\n> > \n> > AUS-MEAT manual means the Australian Meat Industry Classification System (Manual 1) (2009 edition) published by AUS-MEAT Limited (ACN 082 528 881) or, if a replacement document is prescribed for the purposes of this definition, that document.\n> > \n> > beef means the whole or any part of the carcase of any bovine animal.\n> > \n> > consumer descriptor means a word or expression prescribed by the regulations that is used to describe beef that is of a cut prescribed by the regulations.","sortOrder":6},{"sectionNumber":"23C","sectionType":"section","heading":"False descriptions of beef","content":"#### 23C False descriptions of beef\n\n23C False descriptions of beef\n\n> > (1) For the purposes of section 18 (2), beef is falsely described if:\n> > \n> > > (a) it is described by means of AUS-MEAT language that is referable to beef of a particular type, quality, classification, category, cut or grade and:\n> > > \n> > > > (i) it has not been assessed in accordance with the requirements of the AUS-MEAT manual, or\n> > > \n> > > > (ii) it does not comply with the standards set out in the AUS-MEAT manual, with respect to beef of that type, quality, classification, category, cut or grade, or\n> > \n> > > (b) it is described by means of a word or expression that is regulated in accordance with a scheme prescribed under section 23A and the description does not comply with the requirements of the scheme, or\n> > \n> > > (c) it is described by means of a word or expression that is prescribed for the purposes of the definition of consumer descriptor in section 23B and the beef cannot be described as being of the cut that is prescribed in relation to that word or expression.\n> \n> > (2) This section does not limit the operation of section 18 (2).\n> \n> > (3) In this section:\n> > \n> > AUS-MEAT language has the same meaning as it has in section 23B.\n> > \n> > AUS-MEAT manual has the same meaning as it has in section 23B.\n> > \n> > beef means the whole or any part of the carcase of any bovine animal.","sortOrder":7},{"sectionNumber":"23D","sectionType":"section","heading":"Exemptions for restaurants, take-away food shops and similar outlets","content":"#### 23D Exemptions for restaurants, take-away food shops and similar outlets\n\n23D Exemptions for restaurants, take-away food shops and similar outlets\n\n> > (1) Subject to subsection (2), any person selling beef that has been cooked and is intended for immediate consumption (including, but not limited to, restaurants and take-away food shops) is exempt from sections 23B and 23C.\n> \n> > (2) The regulations may prescribe any persons or classes of persons in respect of which the exemption provided by this section is not to apply from the date specified in the regulations.","sortOrder":8}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available document, there is no evidence that the scope of this Act changed from its original intent. It appears to have been enacted and implemented as a targeted, narrow amendment to beef labelling requirements within NSW food law, with no indicators of scope creep or significant modification from its original purpose."},"complexity_factors":["This is a short amending Act rather than a standalone piece of legislation, limiting inherent structural complexity","The subject matter — product labelling — is relatively straightforward regulatory law","The actual amendment text is not included in the provided document, preventing assessment of any hidden complexity in the substantive provisions","Some provisions had not yet commenced as of the version date, suggesting a staged implementation that adds minor procedural complexity","Operates within the broader food regulatory framework (including the national Food Standards Code), meaning compliance requires understanding of that wider context"],"plain_english_summary":"The Food Amendment (Beef Labelling) Act 2009 (NSW) amends the NSW Food Act to tighten how beef is labelled when sold to consumers. It aims to ensure descriptions of beef products (cuts, origin, grade) are accurate, affecting retailers, butchers, supermarkets, manufacturers and processors and benefiting consumers who need reliable information for health, ethical, budgetary or cultural reasons.\n\nNote: the provided document lacks the text of the specific amendments, so the exact changes cannot be confirmed here."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The amendment expands the Food Act by inserting Division 2A (ss 23A–23D), adding beef‑specific labelling rules, definitions and exemptions. It thereby narrows and specifies labelling obligations for beef beyond the Act’s existing general misleading/deceptive framework by authorising bespoke regulatory schemes, specific terminology rules and record‑keeping requirements (see ss 23A–23D)."},"complexity_factors":["Delegation to regulations to create bespoke beef‑labelling schemes and detailed rules (s 23A) increases rule‑making complexity and variability.","Reliance on an external, non‑statutory standard (AUS‑MEAT manual) referenced in the Act requires cross‑referencing and may change compliance obligations when the manual is updated (s 23B, s 23C).","Definitions of inconsistent use and voluntary adoption create fact‑sensitive tests for misleading conduct that businesses must apply across their product ranges (s 23B(1)–(3)).","Specific textual triggers (use of words “budget” or “manufacturing” without mandated qualifying phrases) create bright‑line labelling obligations (s 23B(1)(c)–(d)).","False description rules link statutory liability to either assessment/compliance with the AUS‑MEAT manual or to requirements in prescribed schemes, producing multiple compliance pathways (s 23C(1)).","Exemption carve‑out for cooked, ready‑to‑eat outlets limits scope but can be narrowed by regulation, adding conditional complexity (s 23D(1)–(2)).","Record‑keeping, prohibition and other regulatory powers specified as possible elements of schemes impose operational and administrative burdens (s 23A(2)(d)–(e)).","Interaction with existing general misleading/deceptive provisions (section 18 referenced in s 23B(4), s 23C(2)) requires interpretation of overlap and enforcement priorities.","Commencement by proclamation creates temporal uncertainty for when obligations take effect (Commencement provision)."],"plain_english_summary":"This amendment inserts a new Division into the Food Act allowing regulations to prescribe beef‑labelling schemes that control the words used to describe beef (type, quality or other characteristics). It treats inconsistent use of AUS‑MEAT language, certain unqualified terms (\"budget\", \"manufacturing\") and non‑compliance with prescribed schemes as misleading or false descriptions, and provides an exemption for cooked‑for‑immediate‑consumption outlets.\n\nWho pays and decides: regulators set the schemes; businesses that label, advertise or sell beef bear the compliance, record‑keeping and legal risk under these provisions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of regulating beef labelling and preventing misleading descriptions of beef products. The scope has not expanded beyond this specific food category and consumer protection objective."},"complexity_factors":["Multiple defined terms requiring cross-referencing between sections (AUS-MEAT language, AUS-MEAT manual, beef, consumer descriptor defined in sections 23B and 23C)","Nested conditional logic in section 23B(1) with four separate deeming provisions for misleading conduct","Exception to the exemption in section 23D(2) allowing regulations to override the restaurant exemption","Reference to external documents (AUS-MEAT manual) and future regulations not yet written","Interaction between new sections and existing section 18 of the Food Act (misleading conduct provisions) requiring understanding of the parent Act"],"plain_english_summary":"This law changes the Food Act 2003 to create new rules about how beef must be labelled and described when sold in New South Wales.\n\n**What it does:**\n- **Creates a framework for beef labelling schemes**: The government can make regulations (rules) that set out specific schemes controlling what words can be used on beef labels to describe type, quality, or other characteristics.\n\n- **Bans misleading beef descriptions**: It becomes illegal for food businesses to:\n  - Mix different labelling systems inconsistently (using official AUS-MEAT terms for some products but not others, unless following an approved scheme)\n  - Claim to follow a labelling scheme but only do so sometimes\n  - Use the word \"budget\" on beef unless you also say \"low grade\" or \"low quality\"\n  - Use the word \"manufacturing\" on beef unless you also say \"suitable for mince only\"\n\n- **Defines \"false description\"**: Beef is falsely described if:\n  - It uses official AUS-MEAT grading language but hasn't actually been assessed or doesn't meet the standards\n  - It breaks the rules of any approved labelling scheme\n  - It uses consumer-friendly terms for cuts that don't match the actual cut\n\n- **Exempts cooked food sellers**: Restaurants, takeaway shops and similar businesses selling cooked beef for immediate eating don't have to follow these rules (unless the government specifically says otherwise in regulations).\n\n**Who it affects:**\n- Butchers, supermarkets, and anyone selling raw beef to consumers\n- Meat processors and wholesalers\n- Restaurants and takeaway shops (who are exempt from most rules)\n\n**Why it matters:**\nThis stops businesses from confusing or tricking shoppers with inconsistent or misleading beef labels. It ensures that when you see terms like \"budget\" or official grading marks, you know exactly what you're getting. The law protects consumers from deceptive marketing while giving businesses clear rules about how to describe their products."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/food-amendment-beef-labelling-act-2009","history":"/api/acts/food-amendment-beef-labelling-act-2009/history","analysis":"/api/acts/food-amendment-beef-labelling-act-2009/analysis","conflicts":"/api/acts/food-amendment-beef-labelling-act-2009/conflicts","importantCases":"/api/acts/food-amendment-beef-labelling-act-2009/important-cases","documents":"/api/acts/food-amendment-beef-labelling-act-2009/documents"}}