QUALITY DESCRIPTOR / REPRESENTATIONS GUIDELINES FOR THE AUSTRALIAN FRUIT JUICE INDUSTRY Adopted 30 September 2005 Reviewed 12 January 2007
CODE OF PRACTICE QUALITY DESCRIPTOR/REPRESENTATIONS GUIDELINES FOR THE AUSTRALIAN FRUIT JUICE INDUSTRY 1.0 PRINCIPLES "Representation" is any statement or impression made or implied about a product. This includes: any particular claim made in writing or verbally any advertising associated with the representation, or any important facts that the manufacture has left out. The representation of a food should: Describe the true nature of the food; Not be false, misleading or deceptive to consumers and should not be used in a manner which creates unfair trading advantages; Not include contradictory information about the food. These are guidelines only and manufacturers should refer to FSANZ and ACCC for further reference. 2.0 SUBSTANTIATION Ensure all representations can be substantiated. Do not make representations based on opinions unless you know they are true, and you have supporting evidence. It is the responsibility of manufacturers to decide what substantiation is necessary for a particular representation. Options include, analytical determinations and written records of facts. 3.0 PROPORTION OF INGREDIENTS If the name of more than one ingredient is included in the name of the food then it is mandatory to list the ingredients in descending order of their proportion in the product (e.g. 'orange and mango juice'. This indicates there is more orange than mango juice in the product. Conversely, 'mango and orange juice' indicates there is more mango juice than orange juice). In accordance with Standard 1.2.10 of the FSANZ Food Standards, this product would require a percentage labeling declaration listing the ingredients in order of descending ingredients on the label.
Page 2 PROPORTION OF INGREDIENTS CONT'D The name of a food should only include words to describe major ingredients of the product and not draw attention to minor ingredients unless: the major ingredients are also included in the name; or the minor ingredients are characterising ingredients. For example, if a fruit juice is a blend of apple (80%), strawberry (15%), and mango (5%), it would be misleading to name the juice 'apple and mango juice' because attention would be drawn to a minor constituent without naming a constituent that is present at higher levels. The product could be called 'apple, strawberry, and mango juice' or even 'blended fruit juice'. Again the name and representation of the product would trigger a percentage labeling requirement under Standard 1.2.10 to list the ingredients in their descending order. 4.0 COMPARATIVE CLAIMS Manufacturers should not make comparisons between foods that cannot be substantiated. When comparing their foods to other equivalent foods manufacturers should ensure that there is a reasonable basis for the comparison. The overall impression created by a comparison and the particular facts referred to in a comparison must not be false, misleading or deceptive. Businesses considering a comparative advertising campaign should consider not only the need for accuracy, but also the duration and extent of the advertisements planned and the likely reaction of competitors. Advertisements may mislead consumers and may breach the trademark of competitors if there is not a reasonable basis for the comparison. There must be some basis for comparing the food in question with the other food. This means that the foods being compared should be similar in character, composition, etc. Manufacturers should avoid comparing liquid foods with solid foods, or foods used in small quantities with foods used in large quantities, or foods consumed occasionally with foods consumed regularly. The comparison should be complete and not rely on only providing half the facts. Manufacturers should ensure that consumers have all the necessary facts to judge the comparison. If manufacturers are not sure of all the facts or if these facts are too complex to convey to consumers, then they should consult the Advertising Standards Board or the ACCC for further clarification. Manufacturers must look to ensure that the overall impression of the comparison is not false, misleading or deceptive.
Page 3 5.0 SPECIFIC QUALITY DESCRIPTORS AND REPRESENTATIONS 5.1 "Pure" A food may be described as "pure" if that food is a single ingredient food that contains no additives. A food that contains more than one ingredient cannot be described as "pure". Each ingredient of a mixed food may be described as "pure" if the ingredient is a "pure" single ingredient food and the final food does not contain any food additives. For example, an orange juice which contains no additive may be described as "pure orange juice" (provided it has not been reconstituted with water). An orange and mango juice cannot be described as "pure orange and mango juice", regardless of whether the juice contains no additives. However, orange and mango juice that does not contain food additives may include a statement such as "contains pure orange and pure mango juice". 5.2 "100%" (Similar to pure) Cannot be used on a label of a product or advertising of a product which contains concentrates or has been reconstituted, unless such products are labeled (on the front panel and in association with the product name) with either of the following qualifications. - 100% Reconstituted Juice, or - 100% Juice Made From Concentrate. Which contains preservatives or additives. eg if Vitamin C is added no 100% claim is permitted 5.3 "NATURAL" & LIKE TERMS AND REPRESENTATIONS A Natural Food or ingredient of a food may or not contain any food additive and may not have any constituent or fraction thereof removed or significantly changed. In addition, in the event that a natural food contains natural food additives it may be more appropriate to state contains natural juice and natural food additives or contains all natural ingredients. This description would be more consistent with the limitations under the pure descriptor. 5.4 "ORGANIC" & LIKE TERMS AND REPRESENTATIONS Generally, "organic" or "organically grown" is understood to mean grown without the use of "chemicals" such as inorganic fertilisers. It is recommended that manufacturers labeling their products as "organic" and "like" terms, have available certificates of compliance or the like from their suppliers.
Page 4 5.5 "FRESH SQUEEZED & FRESHLY SQUEEZED" "Freshly squeezed juice" is that juice which meets the following criteria: It must not contain preservatives or additives Is not subject to post extraction processing that destroys natural enzymes and beneficial micro-organisms Must not contain reconstituted juice or concentrate juice Must be delivered for consumption within 48 hours of extraction Must have extraction date on packaging Maximum use by date of 10 days 5.6 "FRESH JUICE" For the terminology "Fresh" to appear on a label or advertising describing the juice, then the product must meet the following criteria: It must not contain preservatives or additives (other than Vitamin C) It must not contain reconstituted juice or juice concentrate It must not contain frozen or aseptic stored juice It may be subject to post extraction process, providing that process is clearly mentioned on the label # e.g. if a juice product has been subjected to pasteurization yet conforms to all other requirements in this table for Fresh Juice, it may be labeled as such providing there is a mention that the product has been pasteurized at some point on the label. It must not have a shelf life greater than 28 days from date of extraction # This requirement conforms to the Australian Competitive and Consumer Commission s (ACCC) Food descriptors guideline to the Trace Practices Act November, 2006 5.7 "NOT FROM CONCENTRATE For the terminology Not from Concentrate to appear on a label or advertising describing the juice, then the product must meet the following criteria: May have preservatives or additives as permitted under FSANZ standards It must not contain reconstituted juice or juice concentrate It may be subject to post extraction process 5.8 "SQUEEZED DAILY = PACKED ON THE SAME DAY IT WAS SQUEEZED 5.9 "MAY CONTAIN" Is considered to be deceptive and misleading, eg, 1. "The product may contain sugar at certain times of the year" (it either does - or it doesn't) The Industry view is If the ingredients change, then so must the label - no exceptions!! 2. May contain concentrate due to seasonable availability These are not permitted and separate labelling would be required to cover this seasonality problem.
Page 5 6.0 " GUIDELINES FOR PICTORIAL REPRESENTATIONS & ADVERTISING" Pictorial representations include logos, stylised flags, emblems, symbols, photos, designs or drawings that may be used in a label or in the advertising of a food product. Any pictorials of fruit on fruit juice beverages should only be present when that fruit juice beverage actually contains juice from the fruit juice depicted. Pictorials of fruit on packs of a mixed fruit juice beverage must occur in roughly the proportion that the various juices in question occur in the product. i.e. If a product contains 95% apple juice and 5% blackcurrant then the pictorials should include 95% apples to 5% blackcurrant (not covered with blackcurrant and 1 slice of apple). When a food contains a flavouring then the label may not contain a pictorial representation related to the flavouring. For example, a raspberry beverage which contains 25% apple juice but only raspberry flavour must not be labeled as raspberry drink, but rather as a Raspberry Flavoured Drink and optionally contains 25% fruit juice - no pictorials of raspberry are permitted (apples would be satisfactory in this example but obviously not commercially desirable). A label may include a picture representing the origin or source of the food provided that it is consistent with the other guidelines on pictorial representations. Where the label of a food pictorially represents a food or ingredient for the purposes of demonstrating recipes or serving suggestions, then the label must be clear that the purpose of the pictorial representation is for demonstration purposes only. The same guidelines which apply to pictorial representations on the labels of food should apply to advertisements for food. The advertising must not give a misleading or deceptive overall impression about the food being advertised. Manufacturers must look at the overall impression created by the advertisement and be sure that the prospective consumer is not likely to be misled or deceived. If unsure the converter/manufacturer should consult with the Advertising Standards Board or the ACCC. 7.0 COUNTRY OF ORIGIN LABELLING
7.1 "MADE IN AUSTRALIA" In order for goods to be labeled "Made in Australia", "Australian Made", "Manufactured in Australia", or any other phrase with a similar implication, it must meet two requirements: The goods must have been substantially transformed in Australia, and 50% or more of the cost of the production must have been carried out in Australia Page 6 "MADE IN AUSTRALIA" CONT D The Industry interpretation is as follows: Reconstituting imported juice with water and adding ingredients such as sugar, citric acid, food stabilizers (including preservatives), flavours and colours to a low-fruit content drink product does not represent a substantial transformation. Products which have undergone these processes in Australia therefore cannot be labeled "Made in Australia" without qualification. QUALIFIED CLAIMS Businesses unable to make an unequivocal claim of "Made in Australia" for their product, should consider making an appropriate qualified claim. A qualified claim gives more information than a plain claim. For example, "Made in Australia" is an unqualified claim, while "Made in Australia from local and imported ingredients" is a qualified claim. The ACCC has agreed that qualified claims do not have to meet in full the substantial transformation or 50 per cent content tests. It also encourages the use of qualified claims, where the extra information provided is accurate, relevant and useful and does not give a false or misleading impression. Qualified claims for country of origin could include: Where the imported content of a product is greater than the local content, the label claim should read, eg, "Made in Australia from imported and local ingredients" or where the local content is greater "Made in Australia from local and imported ingredients". "Manufactured in Australia from quality imported components". "Made in Australia from Chinese Apple Juice" "Assembled in Australia from 70 per cent Australian and 30 per cent imported parts". "Proudly made in Australia. 85 per cent of this product was made
HERE, providing Australian jobs. We imported the cranberries because nobody grows them in Australia". Page 7 7.2 "PRODUCT OF AUSTRALIA" This is now the premium claim about a good's origin, and is much stricter than the "Made in Australia" claim. It refers to all wording variations, such as "Produced in Australia", "Australian product", etc. In order to qualify for this labeling, the item must meet two requirements: each significant component or ingredient must originate from Australia; and all, or virtually all, of the production processes must take place in Australia. For further information you may contact the ACCC Website on http://www.accc.gov.au