5‑18 Trade description must be applied t5‑18 Trade description must be applied to prescribed poultry meat and poultry meat products that are intended to be exported

#### 5‑18 Trade description must be applied to prescribed poultry meat and poultry meat products that are intended to be exported (1) A trade description including the information referred to in subsection (3) must be applied to prescribed poultry meat or poultry meat products that are intended to be exported. > 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: For alternative requirements for prescribed poultry meat or poultry meat products for further processing, see section 5‑20 of this instrument. > Note 4: 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 5‑39 of this instrument). (2) The trade description must be applied no later than the time the prescribed poultry meat or poultry meat products are packed. Content of trade description (3) For the purposes of subsection (1), the information in relation to the prescribed poultry meat or poultry meat products is as follows: (a) a full description of the poultry meat or poultry meat products including the type of poultry from which the poultry meat or poultry meat products were derived; (b) the net weight of the poultry meat or poultry meat products; (c) the country of origin of the poultry meat or poultry meat products; (d) the registration number of the registered establishment where the poultry meat or poultry meat products were last packed 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 poultry meat or poultry meat products; (f) for packaged poultry meat or poultry meat products—the date of packaging using the format Day‑Month abbreviation‑Year with leading zeros (for example, 02Feb2021); (g) for packaged poultry meat or poultry meat products that were packed on behalf of a person other than the occupier of the registered establishment where operations to prepare the poultry meat or poultry meat products for export were carried out: (i) the name of the person who packed the poultry meat or poultry meat products; and (ii) the name of the person on whose behalf the poultry meat or poultry meat products were packed; (h) for poultry meat or poultry meat products that contain 2 or more ingredients—a list of the ingredients (other than any processing aids) in descending order of ingoing weight; (i) the identity of the batch; (j) for poultry meat or poultry meat products other than shelf‑stable poultry meat products—a statement indicating whether they should be kept chilled or frozen; (k) for canned poultry meat or poultry meat products: (i) the registration number allocated to the registered establishment where the canning was carried out, preceded by the letters “EX”; and (ii) the date of packaging (in code or in clear); and (iii) a description of the contents of the cans (in code or in clear). > Note 1: The trade description must be accurate (see section 8‑6). 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’s website (https://www.accc.gov.au). > Note 3: Examples of types of poultry for the purposes of paragraph (a) are fowl, ducks, geese, turkeys and pigeons. > Note 4: For date of packaging, see section 1‑5. (4) For the purposes of paragraph (3)(d), the registration number must be clearly identifiable as being the registration number of the registered establishment referred to in that paragraph. Requirements of the Australia New Zealand Food Standards Code (5) Prescribed poultry meat and poultry meat products must meet each applicable requirement for the labelling and naming of ingredients and compound ingredients specified in Standard 1.2.4 of the Australia New Zealand Food Standards Code. > Note: For Australia New Zealand Food Standards Code, see section 12 of the Act.