5‑35 Trade description must be applied t5‑35 Trade description must be applied to prescribed fish and fish products

5‑35 Trade description must be applied to prescribed fish and fish products

General requirements (1) A trade description including the information referred to in subsection (3) must be applied to prescribed fish or fish products. (2) The trade description must be applied no later than the time the prescribed fish or fish products are packed in their immediate container before being loaded for export.

Note 1: For trade description, see section 246 of the Act. See also Chapter 8 of this instrument.

Note 2: For applied, in relation to a trade description, see section 247 of the Act.

Note 3: If the relevant importing country authority specifies that it does not require a trade description requirement prescribed by this Division to be met, the Secretary may approve a variation of the approved arrangement to provide that the trade description requirement does not apply (see section 161 of the Act and section 5‑52 of this instrument).

Content of trade description (3) For the purposes of subsection (1), the information in relation to the prescribed fish or fish products is as follows: (a) a description of the fish or fish products; (b) the net weight of the fish or fish products; (c) the country of origin of the fish or fish products; (d) the registration number of the registered establishment where operations to prepare the fish or fish products (other than storing, handling or loading) were last carried out before export; (e) the name and address of: (i) the occupier of the registered establishment referred to in paragraph (d); or (ii) the exporter or consignee of the fish or fish products; (f) for fish or fish products that contain 2 or more ingredients—a list of ingredients in accordance with subsection 5‑37(2); (g) the identity of the lot of the fish or fish products; (h) any directions for the use or storage of the fish or fish products that are necessary for reasons of food safety.

Note 1: The trade description must be accurate (see section 8‑2). See also Division 3 of Part 2 of Chapter 8 of the Act for offences and civil penalty provisions in relation to false trade descriptions.

Note 2: The Australian Consumer Law (within the meaning of the Competition and Consumer Act 2010) contains prohibitions on engaging in conduct that is misleading or deceptive or is likely to mislead or deceive (see, for example, section 18) and prohibitions on making false or misleading representations, including about the country of origin of goods (see, for example, sections 29 and 151). Part 5‑3 of that Law provides defences that certain country of origin representations made about goods do not contravene section 18 (misleading or deceptive conduct) or paragraph 29(1)(a) or (k) or 151(1)(a) or (k) (false or misleading representations) of that Law. For further guidance on correctly describing the country of origin, see the ACCC website ().