New South Wales Consolidated Acts

FOOD ACT 2003 - SECT 23B

23B Misleading and deceptive conduct in relation to beef

(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--

(a) the person does not use AUS-MEAT language consistently (unless the person is complying with a scheme prescribed under section 23A), or

(b) the person voluntarily adopts, but does not consistently comply with, a scheme prescribed under section 23A, or

(d) the beef is advertised, packaged or labelled with the word "manufacturing" and does not also include the words "suitable for mince only".

(2) For the purposes of subsection (1) (a), a person does not use AUS-MEAT language consistently if--

(a) the person advertises, packages, labels or sells beef described by means of AUS-MEAT language, and

(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--

(i) AUS-MEAT language, or

(ii) a consumer descriptor.

(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--

(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

(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.

(4) This section does not limit the operation of section 18 (1).

(5) In this section--

"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.

"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.

"beef" means the whole or any part of the carcase of any bovine animal.

"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.