Country of origin labelling for seafood in hospitality: discussion paper

The Australian Prawn Farmers Association (APFA) was established in 1993 to represent the interests and foster the development of the Australian prawn farming industry. APFA is committed to assisting prawn farmers’ efforts to be prepared for risks, innovative, profitable, competitive, sustainable and world leaders in the global prawn industry.
The Australian prawn farm industry currently produces over 9000 tonnes of prawns valued at over $180 million (2021-22) and holds a worldwide reputation for quality. The industry contributes to food security and regional jobs and has continued to grow significantly over the past few years with a combination of corporate and family enterprises.

Yes.
Research conducted by the Federal Department of Industry, Innovation and Science in 2015 found being able to identify country of origin was either “important” or “very important” to 74 per cent of consumers surveyed. Research has shown a minimum of 50% of consumers assume the seafood they are buying in food service is of Australian origin, even when the Country of Origin was not identified on the menu (Seafood CRC, 2015) and with 70% of seafood consumed in Australia imported this is obviously not the case. Consumers are genuinely surprised when advised how much seafood consumed is imported.
Thanks to a strong food safety reputation in Australia and the quality of Australian seafood including farmed prawns, Australian consumers have developed an expectation of food safety and quality in their purchases.
Ultimately, consumer choice is the driver.

Yes except for "imported" OR "international" this is confusing and should be separated. The definitions of "imported" and "international" are different.

No we do not believe there should be flexibility in how they provide origin information as clear and accurate information and requirements removes any ambiguity and ensures clear understanding of the legislation to encourage enforceable action if required.

APFA has invested significantly in prawn provenance technology to provide trust in the brand that if it says Australian the consumer can be confident it is Australian. The origin of the product is already provided to customers (retail) and at all points in the supply chain. This is just duplicating in the hospitality sector what already occurs in retail.

Australia has an envied reputation for quality seafood including farmed prawns and hospitality businesses would benefit from being able to showcase our quality, freshness and sustainability and allow the consumer to make informed choices.

It should be clearly displayed on all menus and advertising of product similar to diet-sensitive information relating to a particular menu item such as gluten free.

Yes.
It should be identified by country at a minimum with the region or brand included at the discretion of the hospitality venue.
As explained in previous submissions over the years, the argument that menus will have to change constantly if domestic supply is not available is rejected. Indeed there appears to be a vested interest within food service and supply chains creating an information barrier for consumers when the information is considered by the food service venue to not be positive. Margins are greater when cheaper imported product is sold unlabelled where the operator can take advantage from the public assumption that it is Australian. There is already a precedent set in many food services sectors with menus showcasing “Moreton Bay Bugs”, “Hervey Bay Scallops”, “Sydney Rock Oysters”, “Tasmanian Salmon” and so forth. Food service venues have wine lists that show the specific origin of the produce. We are not against imported product as there is a price point however consumers must be able to make informed choices about what they are eating.

No. This legislation should be applied to seafood that is the centre-plate protein of the meal, or the key/main ingredient of the dish being served.

Yes. APFA supports the description "Australian" in the discussion paper.

Seafood producers, including farmed prawns, provide their customers throughout the supply chain an awareness of the name and origin of the product. Information is readily available all the way through the supply chain into the food service kitchen. The only place the origin details are not provided currently is on the menu.
At each transaction point through the supply chain there is a legal requirement for the seller to identify the product, any relevant product identifers and country of origin on a tax invoice.

No. Origin information is applied to all seafood under the food safety act and must be immediately available in the case of a food recall or similar.

The APFA believes the types of hospitality establishments listed for potential exemption from the legislation should have the option to include CoOL, if they believe the consumers in those institutions have a right to know.

No, the proposed types of hospitality businesses to be excluded from seafood CoOL is supported by the APFA but recommend strong definitions are supplied for the exempt businesses to close any potential classification loopholes.

The scenarios provided in the discussion paper are clear, and the labelling requirements for each scenario are supported by the APFA. We also support the suggestions made by Seafood Industry Australia in their submission, namely:
• Clarity needs to be provided around scenario 4.3 Caesar Salad if Anchovy fillets are included in the salad or dressing, instead of Anchovy paste used only in the dressing. We believe the origin of the Anchovy fillets should be listed, as indicated in scenario 4.2 Pizza Napoli.
• Regarding scenario 4.6 Sushi train, Sushi trains often use small cards on their trains to identify product details and allergens. The same could be used for CoOL implementation.
• We would like to see an option available in scenarios like 4.5, whereby hospitality settings could elect to label the dish as ‘seafood marinara pasta – contains seafood of Australian and mixed origins.

The APFA supports the suggestions of Seafood Industry Australia and the Australian Barramundi Farmers Association:
• that seaweed should be covered in the labelling.
• Further clarification is needed with regard cooking demonstrations in supermarket aisles and retail stores.
• Advice should be provided to cover seafood giveaways in places likes RSLs, pubs, and clubs.

The APFA joins Seafood Industry Australia and the Australian Barramundi Farmers Association in endorsing the Discussion Paper and the introduction of mandatory Country of Origin Labelling for seafood sold in hospitality settings, and support the proposition to make it a penalised offence for hospitality outlets who fail to comply with Country of Original Labelling requirements.
Agree also that with the absence of a mandatory penalty for non-compliance would be akin to the voluntary information approach currently in practice.

The APFA agrees with Seafood Industry Australia's submission and believes that any penalty enforceable would need to act as a sufficient deterrent to adhere to or adopt CoOL and suggest fines and penalties should align with breaches of the Competition and Consumer Act 2010 and the Australian Consumer Law attract fines and pecuniary penalties. Food safety and the reputation of Australian quality must be upheld and provide consumers trust in the system.

As with the introduction of Country of Origin Labelling in retail, we support a two-year transition period, during which businesses must either:
• continue to label their products according to the existing requirements around country of origin labelling set out in the Australia New Zealand Food Standards Code1 (the Food Code), or
• adopt the new labelling requirements of the Standard.

The APFA agrees with Seafood Industry Australia's comments for the food service sector to be provided with a minimum of 12 months to implement the new labelling legislation and a maximum of 24 months for compliance.
Important that an enforcement campaign is enacted following the implementation deadline, similar to the campaign used during the retail CoOL phase-in.

The APFA supports an education campaign similar to the campaign used for the introduction of CoOL in retail as part of the introduction.

APFA agrees with Seafood Industry Australia's submission that the information should be made available in the same places as the CoOL retail information, and hospitality food safety requirements, including but not limited to Commonwealth along with State/Territory specific sites. A comprehensive list is provided in Seafood Industry Australia's submission and is supported by APFA.

In October 2021, Robbie Katter MP introduced a Bill into Queensland parliament calling for County of Origin Labelling for seafood sold in hospitality settings in Queensland called the "FOOD (LABELLING OF SEAFOOD) AMENDMENT BILL 2021". The Bill was referred to the Qld State Development and Regional Industries Committee for consideration and report. The report concluded that "Supporting Queensland seafood is a worthy endeavour, and there is not a Member on this committee who does not appreciate and support the world-class seafood that Queensland industry produces, and men and women work within it. A central consideration of the committee, in examining this Bill, was its alignment with existing legislation. The committee received advice from Queensland Health that the Bill was potentially incompatible with the national Food Regulation Agreement – an agreement signed by all Australian governments which seeks to ensure a consistent, safe and measured approach to regulating Australia’s food industry...It is the committee’s view that supporting Queensland seafood is a worthy endeavour, but the lead for such an initiative should come from the Federal Government. It is the Federal Government that has carriage of the Country of Origin Labelling Food Standard 2016, which is a regulation under
Australian Consumer Law and is enforced by the Australian Competition and Consumer Commission.
It is for these reasons that the committee has recommended that the Bill not be passed."
It is obvious that the federal government needs to take the lead which will then assist the states to also support CoOL.

The Australian Prawn Farmers Association would like to thank Seafood Industry Australia for their constant championing of this very worth cause and also to thank and recognise the work of the Albanese Government to deliver on their 2022 election commitment to implement mandatory Country of Origin Labelling for seafood sold in foodservice. We would like to extend our thanks to Prime Minister Anthony Albanese, then Shadow Spokesperson for Agriculture Julie Collins MP, Assistant Minister for Manufacturing Senator Tim Ayres, and Minister for Agriculture Senator Murray Watt.