8‑2 Trade description must be applied to8‑2 Trade description must be applied to prescribed organic goods that are intended to be exported

8‑2 Trade description must be applied to prescribed organic goods that are intended to be exported

(1) The exporter of prescribed organic goods must ensure that a trade description including the information referred to in subsection (2) is applied to the organic goods before they are exported.

Note 1: For trade description, see section 246 of the Act.

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

Note 3: A requirement under another instrument made for the purposes of section 432 of the Act for a trade description to be applied may also apply in relation to prescribed organic goods (see section 1‑4 of this instrument).

(2) For the purposes of subsection (1), the information in relation to the prescribed organic goods is as follows: (a) the kind of organic goods; (b) the net weight or number of units of the organic goods; (c) if the organic goods did not originate in Australian territory—the country of origin of the organic goods; (d) the name and address of the producer, manufacturer or exporter of the organic goods; (e) any other information necessary to meet relevant importing country requirements relating to the organic goods.

Note 1: The trade description must be accurate (see section 8‑3). 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 of that Law) and prohibitions on making false or misleading representations, including about the country of origin of goods (see, for example, sections 29 and 151 of that Law). 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 (https://www.accc.gov.au).