The NSW Premier Barry O'Farrell announced this week that as
part of the latest stage of the State Government's 8700kJ
Campaign, intended to provide consumers with more information about
what they eat, NSW supermarkets are now introducing labels which
display the average kilojoule content of all ready-to-eat food
Fast food chains with 20 or more outlets in NSW or at 50 or more
locations throughout Australia have been required to display the
kilojoule content of all items on their menus since February
Who must comply?
All supermarkets in premises with floor area of 1000 square
metres or more that sell standard food items at 20 or more
locations in NSW or at 50 or more locations throughout
What are standard food items?
Standard food items include all ready-to-eat food i.e., food
that is in a state in which it is ordinarily consumed. While there
are no specific examples provided in the legislation, it is likely
to include such items as BBQ chickens, meat pies, prepared salads,
some cakes and bakery items.
Legislation however specifically excludes nuts in shells, raw
fruit and vegetables. It also does not apply to items sold in
packages that already contain a Nutritional Information Panel in
accordance with the Australian Food Standards Code.
What information must supermarkets display?
The kilojoule content must be displayed alongside a 'kJ'
wherever the name or price of the item is displayed. The kilojoule
content must be clearly legible and displayed in the same font as
The mandatory statement 'The average adult daily energy
intake is 8700kJ' must also appear. The mandatory statement
must be the same size as the largest font size on tags or labels
for the item.
How can supermarkets determine how many kilojoules are
in each food item?
The method of determining the kilojoule content is to calculate
the average energy content of the whole of the standard food, or
per 100grams, in accordance with Standard 1.2.8 of the Australian
Food Standards Code.
What businesses are exempt from the
Convenience stores, service stations, catering service
companies, and food businesses that only sell food that is intended
to be consumed on premises in which it is sold are exempt from the
kilojoule labelling requirement, as are supermarkets with less than
1000 square metres of floor area and supermarkets with less than 20
locations in NSW (or less than 50 locations throughout
What are the penalties for contravention?
Supermarkets can face penalties of up to $55,000 for
contraventions of the Food Act 2003 (NSW).
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Liability was apportioned between the VMO, Dr.Brown, and the hospital on an 80/20 basis in favour of the hospital.
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