Seafood substitution in
restaurants and takeaways
Food Act 2006
What is seafood substitution?
Seafood substitution is when one species of fish, crustacean or shellfish is sold as another species. Food
businesses must ensure that information provided in relation to food they sell or intend to sell is correctly
described. This includes information that is provided on a label, package, advertisement, in connection with
the food (such as an identification tag), or to the consumer upon request.
It is an offence under the Queensland Food Act 2006 (the Act) to provide a false description of food. In
Queensland, the maximum penalty for providing a false description of food is $50,000.
Food is falsely described when:
 the food is represented as being a particular nature or substance for which there is a prescribed
standard under the Australia New Zealand Food Standards Code (the Code) and to food does not
comply with that standard.
 the food is mixed or diluted with any substance that reduces the value or nutrition of the food.
 the food is mixed or diluted with a substance of lower commercial value.
 part of the food is removed so that its properties are diminished.
 the food is represented of a particular nature or substance and a constituent of the food has been wholly
or partly removed so that its properties are diminished compare to the represented nature of the food.
 a word, statement, device or design used in packaging or labelling the food or in advertising the food,
creates a false impression about the nature or substance of the food, or the commercial value of the
food, in the mind of a reasonable person.
 the food is not of the nature or substance represented by the way in which it is packaged, labelled or
offered for sale.
If you suspect a fish, crustacean, shellfish or other food has been misnamed, you can lodge a complaint
with your local Queensland Health Public Health Unit (PHU) (contact details provided on page 2).
Types of seafood substitution
Common types of seafood substitution have been found to include:
 vannamei prawns or tiger prawns advertised as ‘king prawns’
 imported scallops advertised as ‘Tasmanian scallops’
 basa fillets advertised as ‘dory’, ‘perch’ and ‘jewfish’ fillets
 tilapia fillets advertised as ‘Bream’ fillets.
Identifying correct fish names
The Australian Standard Fish Name List includes names of fish, crustacean and shellfish. The list was
developed and is maintained by Seafood Services Australia in consultation with industry and government.
It is available at the Seafood Services Australia website www.seafood.net.au/fishnames or by phoning 1300
130 321.Businesses can apply to be licensed by Seafood Services Australia for compliance with approved
fish names in accordance with the Australian Fish Names Standard AS SSA 5300.
Labelling of seafood
Packaged fish and fish products sold by retail must be labelled in full. Fish products that are made and
packaged on the premises from which they are sold, as well as fish or fish products sold unpackaged by
retail, are exempt from some labelling requirements, however, certain information is required to be provided
to the purchaser.
For value-added fish products such as crumbed fish and fish cakes, the percentage of fish in the product
must either be displayed or provided to the consumer upon request. The retailer also needs to be able to
supply information to a purchaser upon request, either verbally or in writing, about potential allergens.
Fish including fish that has been cut, filleted, mixed with other foods or gone through any other processing
must be labelled with the country of origin. This requirement does not apply to food for immediate
consumption, such as in restaurants.
For further information about the labelling and compositional requirements for seafood, refer to the
Queensland Health fact sheet Labelling and compositional Standards for Industry - Seafood, and the Label
Buster guide, available at the Queensland Health website www.health.qld.gov.au.
Effects of seafood substitution
Seafood substitution can deceive and mislead consumers by providing a product which is not what the
purchaser has requested. Seafood substitution can also pose a significant risk to public health and safety,
due to the inability to trace the product sold, in the event of an urgent food recall.
For further information
Queensland Health has a variety of fact sheets with detailed information on food safety. Fact sheets can be
accessed from the Queensland Health website at www.health.qld.gov.au.
If you have any further questions relating to seafood substitution, contact your local Queensland Health
Public Health Unit. Contact details for Public Health Units can be found at www.health.qld.gov.au/systemgovernance/contact-us/contact/public-health-units/
Seafood substitution in restaurants and takeaways – August 2015
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