Consumer watchdog cracks down on ‘Aussie-made’ fish claims
A number of imported fish products sold in supermarkets are now packaged, not made, in AustraliaOne of Australia’s largest packaged frozen goods retailers has had to amend its packaging after the consumer watchdog found it was not ‘Made in Australia’ as the packaging claimed.
Under consumer law, a product has to be “substantially transformed” for it to wear the ‘Made in Australia’ label.
However, the Australian Competition and Consumer Commission found that Simplot Australia, which sells fish under the Bird’s Eye, I&J, Neptune and supermarket home brands – and also makes the iconic Chico Roll – had used the ‘Made in Australia’ label on 31 products that were little more than imported fish repackaged in Australia.
The products will need to be amended to say ‘Packed in Australia’ instead.
“Under the Australian Consumer Law’s Country of Origin labelling provisions, if a food product, such as fish, is packed in Australia without being substantially transformed, it cannot display a ‘Made in Australia’ mark,” the ACCC said.
“The products sold by Simplot’s brands used fish imported from a number of countries including New Zealand, United States and South Africa.
“The ACCC’s view is that only minor manufacturing processes occur in Australia and, when viewed collectively, the imported ingredients do not differ fundamentally from the manufactured goods.
“Simplot was of the view that slicing, crumbing and par-frying of the frozen fish constituted substantial transformation, justifying the use of the ‘Made in Australia’ mark.
“However, after the ACCC raised its concerns, Simplot agreed to change its country of origin labelling on these frozen fish products.”
The ACCC said Simplot Australia, a wholly owned subsidiary of US-based food group JR Simplot, had cooperated with the ACCC investigation, and agreed to resolve the matter without the consumer watchdog having to enforce it.
Packed, not made
The ACCC said all Simplot frozen fish products packaged after October 31, 2020 would have the ‘Packed in Australia’ mark but products wearing the incorrect ‘Made in Australia’ mark may still be available in stores until sold out.
Simplot Australia said it did not have access to a large-scale white fish biomass off Australia's coast due to the region's topography.
"Therefore, Simplot procures sustainable seafood from the best fishing areas in the world. Then at our Kelso plant [near Bathurst in in NSW], we shape it into uniformed sizes, coat, par fry, freeze and package it ready for distribution to our customers," it said in a statement.
"All of this using Australian labour and operated within the high demands of Australian food safety and quality standards."
It said talks with the ACCC, it was agreed that Simplot's interpretation of the technical definition and the amount of processing being undertaken at its Kelso plant "did not constitute it being labelled as 'Made in Australia'.
"In working through this technical definition with the ACCC, we determined a need to change the labelling on 31 of our retail frozen seafood products to 'Packed in Australia' and subsequently changed these products' labelling."
Simplot Australia said it sourced locally grown ingredients and used Australian suppliers "wherever practical".
The company has more than 2000 employees across sites including Ulverstone, Devonport, Echuca, Bathurst, Kelso and Flemington.
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