The Peak Body for the Australian Organic Sector
www.ofa.org.au
Food Labelling Review Secretariat
Department of Health and Ageing
MDP 138
GPO Box 9848
CANBERRA ACT 2601
FoodLabellingReview@health.gov.au
28-04-2010
Submission to: The Australia and New Zealand Food Regulation Ministerial Council
Review of Food Labelling Law and Policy
The review is looking at organic labelling issues:
3.14 Concerns were also raised in a number of submissions relating to claims like
‘natural’ or ‘lite’ and that other terms like ‘virgin’ olive oil and ‘organic’ are not defined in the
Food Standards Code.
Q17. Is there a need to establish agreed definitions of terms such as ‘natural’, ‘lite’, ‘organic’,
‘free range’, ‘virgin’ (as regards olive oil), ‘kosher’ or ‘halal’?
If so, should these definitions be included or referenced in the Food Standards Code?
The OFA, the peak body for the organic sector, strongly supports the need for a definition of
the term ‘organic’ to be included or referenced in the Food Standards Code.
The word organic is currently used in the Food Standards Code in relation to the exemption
of Folate fortification in organic flour, necessitating a clear definition to ensure that this
exemption is being used correctly.
The most practical way to do this is for the Food Standards Code to reference The
Australian Standard for Organic and Biodynamic Products (AS 6000) as the definition of
products labelled as Organic or Biodynamic in Australia. This can be done under the MOU
between FSANZ and Standards Australia. As FSANZ is a bi national body, the Australian
Standard definition can be restricted to products labelled for sale in Australia.
It would not be necessary to develop separate definition for the Foods Standards Code
(FSC) and has the advantage, that by referencing the Australian Standard, that there is no
duplication and possible confusion on definitions between the FSC and other jurisdictions
that may use the Australian Standard for regulatory purposes.
Referencing The Australian Standard for Organic and Biodynamic Products (AS 6000)
complies with the requirement that all food labelling laws –
i.
are evidence based and effective at achieving their policy purpose;
ii.
do not impose unjustifiable regulatory burdens on business; and
iii.
are capable of being enforced in an effective, proportionate and consistent
manner.
Andre Leu, Chairman, OFA
APRIL 2010
1. Are evidence based and effective at achieving their policy purpose
AS 6000 is the only organic standard developed in Australia that has the rigour and
transparency of the accepted international best practice in standards development (The
International Organization for Standardization (ISO) as supervised by Standards Australia).
An important part of the process of developing AS 6000 was the technical input from
relevant and widespread stakeholder groups including industry, consumers, retailers and
regulators. This ensures that it is the most credible consensus document on the terms
‘organic’ and ‘biodynamic’ in Australia.
While there are other organic standards in Australia, there are none that duplicate the rigour
of the accepted international standards development criteria of AS 6000
The consumer need for clarity
The existence of numerous standards and other definitions for organic and biodynamic
products in Australia has made it difficult for consumers to choose credible organic products
and for the existing regulatory system to ensure the integrity of organic and biodynamic
products.
AS 6000 will make it easier for consumers who buy organic products to make clear choices
on credible organic products.
.
2. Do not impose unjustifiable regulatory burdens on business; and
Businesses in Australia have to work under numerous organic standards with a range of
different requirements. This can be seen as confusing to business especially when
processing composite products where they have to source products from other business
working under different standards.
AS 6000 will reduce the regulatory burden for manufacturers, small business, suppliers,
farmers, exporters and importers by having one credible and consistent standard that has
been developed with the rigour and transparency of the accepted international best practice
in standards development (The International Organization for Standardization - ISO).
3. Are capable of being enforced in an effective, proportionate and
consistent manner.
The Organic Federation of Australia (OFA) initiated the Australian Standard AS 6000 to
assist the existing regulatory system to be more effective in ensuring the integrity of organic
and biodynamic products.
A clear legal definition of what defines an organic product is needed to assist the courts with
legal actions around organic products
This point was made by an Australian Federal Court decision concerning false
representation of organic eggs where the Hon. Justice Gray acknowledged the absence of
any recognised legal definition of the term 'organic' and the difficulty this presented in
creating an enforceable injunction in broader terms to prevent misrepresentation of eggs as
'organic'.
Andre Leu, Chairman, OFA
2
APRIL 2010
Justice Gray stated ‘attempts to overcome the lack of clear criteria by which it can be said
eggs are, or are not, organic have been unsuccessful’. The ruling highlighted the need for a
uniform, accepted standard that deals with organic and biodynamic products.
The Standards Australia process used to develop AS 6000 had the rigour and transparency
of the accepted international best practice in standards development (ISO).
Regulatory agencies such as FSANZ and the ACCC can use AS 6000 as a credible
reference document when assessing whether organic claims are misleading or deceptive.
Conclusion
Referencing AS 6000 as the definition of ‘Organic’ in the Food Standards Code will have
major benefits for consumers by making it easier to identify credible organic products, for
businesses in having a clear single standard to use for production and for Regulatory
Authorities by giving them access to a credible and clear definition of organic products and
production.
This will ensure the credibility of products labelled as organic or biodynamic in the Australian
market.
Yours Sincerely,
Andre Leu
Chairman
Andre Leu, Chairman, OFA
3