Regulations

In accordance with  The Australian Consumer Law  ( http://consumerlaw.gov.au/the-... ), some regulations that must be observed are as follows:

• Labelling:  For products that require labelling, labelling procedures are regulated by the Australian Department of Customs and Border Protection through the  Commerce (Trade Descriptions) Regulation 2016 ( https://www.legislation.gov.au... )
• Warranty and Refund Policy : Products sold must match their descriptions. A product can be claimed  even if it is not under warranty. If  a retailer  requests a replacement for a product due to damage,  the supplier  must compensate in an agreed manner, such as: (i) replacing, repairing, or refunding the purchased product; (ii) cancelling the purchase of the product; or (iii) providing compensation for any damage or loss experienced by the consumer.
• Product Safety:  Manufacturers, distributors, and/or retailers are responsible for  the safety of a product, namely ensuring that (i) the product meets  safety and security standards  and (ii)  the warnings displayed on the packaging.  If a consumer is injured as a result of a damaged or defective product, the consumer can request compensation.

Australian Animal and Plant Product Import Regulations

Australia is free from a wide variety of pests and diseases that could disrupt its agricultural industry. To continue to protect consumers from the potential negative impacts of these pests and diseases, the Australian Department of Agriculture and Water Resources implements  strict biosecurity procedures  before issuing import permits for all plant and animal products imported into Australia, in accordance with the  Biosecurity Act 2015.

Further information can be found at  http://www.agriculture.gov.au/... .

Australian Food Product Import Regulations

Exporters in other countries and importers of food products in Australia must ensure that all imported food products meet the required regulations on a sustainable basis.

There are 2 (two) regulatory stages that must be passed before food products can be sold in Australia, namely:

1. Passed the feasibility test as an imported product:

• Successfully passed the  biosecurity procedures  in accordance with the  Biosecurity Act 2015  regulations ( https://www.legislation.gov.au... )
• Passing imported food safety tests in accordance with the  Imported Food Control Act 1992  ( https://www.legislation.gov.au... )

2. Has the same safety standards as food originating from Australia:

• Australia New Zealand Food Standards Code (http://www.foodstandards.gov.au/code)

Quality, Labeling and Packaging Requirements for Food Products in Australia

The standards/quality of food products imported into Australia must meet  the Food Standards Australia New Zealand Code,  which includes regulations related to  labeling ,  allergy warnings ,  ingredients , and so on. In general, all food and beverage product packaging, including cocoa products, sold in the Australian market must include the following:

1. Product name and description labels  which include the manufacturer, contents and benefits of the product, in English with a minimum height of 3 mm.
2. Importer's name in Australia  – food imported from countries other than New Zealand must include the importer's name and address at least 5 mm high.
3. The production lot number  – can be a code or mark issued by the manufacturer. Including the date and supplier's address may satisfy the requirements for this lot number.
4. Warnings and official statements  – can be statements according to the risks that the product has.
5. Country of origin of the product  - if the address and name of the industry are listed on the label, then adding the country of origin is not necessary.
6. The maximum period for which a product  can be consumed (expiration date) is specified, if the product cannot be stored for more than two years, including if refrigeration is required. An example of this is writing  'best before'  on each package. For health reasons,  'use by'  is written on each package.
7. Net weight  – including the markings on the packaging carton stating the total net weight and contents of the packaging per carton.
8. Ingredients list  – listing the ingredients according to international standards. If the product contains artificial sweeteners, this must be clearly stated on the packaging.

Food Product Distribution Channels in Australia

In general, the marketing chain for food products in Australia can be seen in the following figure.

Food & Beverage Product Marketing Chain in Australia

Distribution Channel

All types of distributors above play an important role in the successful marketing of food and beverage products in Australia, including as a link between sales centre in Australia and producers abroad.

The selection of an importer or agent to enter the Australian market also plays an important role. For this, it is necessary to find an importer/agent who has an extensive marketing network, good performance and special specifications.

Other Obstacles

Australia's high and stringent product standards, quarantine procedures, and regulations pose a significant obstacle to efforts to increase export marketing efforts. For example, other countries exporters face challenges with the regulations and labelling requirements for Australian food and beverage products, known as  Holding Orders  (HOs) . Australian Biosecurity has imposed HOs on other countries food and beverage products after they were found to be non-compliant during routine inspections.

Most of the causes are unqualified labelling methods such as:

• The packaging does not include the name of the country of manufacture.
• The packaging does not include the importer's name.
• The packaging label is not written in English
• The packaging does not include an expiration date or production lot number.
• Products containing prohibited colouring agents
• The packaging lists misleading product properties.