Primo prosecuted over pork labelling

Australia’s largest manufacturer of smallgoods, Primo, has been fined $233,325 plus $200,000 costs for labelling imported pork products as Australian.

“This is the largest fine ever imposed in NSW in relation to food labelling and an excellent result given the scope and seriousness of the charges brought against this company,” NSW Primary Industries Minister Steve Whan said.

In March 2010 Primo pleaded guilty to 63 charges under the NSW Food Act 2003, relating to the packaging and labelling of its meat.

“This included 45 charges relating to misleading or deceptive conduct,” Minister Whan said.

“The other 18 charges related to a failure to comply with a Food Safety Standard relating to documents that enable the traceability of product.”

In handing down her decision Magistrate Barkell said the company had failed to ensure proper implementation of quality control procedures and declared that, “considering the range of products over which these offences occurred, that these failures were systematic”.

The Magistrate said the factor of general deterrence was significant when consideration was given to the public safety aspects of the purposes of the Food Act.

In January 2008, the NSW Food Authority received a complaint alleging imported Danish and Canadian pork products such as bacon were being labelled, advertised and sold as Australian meat.

“Investigation by the NSW Food Authority found that imported pork middles were processed by Primo and labelled as ‘Product of Australia’ and ‘Meat content 100% Australian’,” Minister Whan said.

Magistrate Barkell stated that it was of great importance to some consumers to know the source of the food they buy.

“Whether that importance has its source in health or other considerations, the Act requires accurate information to be provided,” Magistrate Barkell said.

“Mislabelling the source of meat product does compromise consumer safety where, for instance, it becomes known that the meat from a source country is contaminated.”

“At its own admission this company is a leader in the industry in Australia,” Minister Whan said.

“I note that a number of the offences occurred after the company was placed on notice by the NSW Food Authority. This highlighted significant deficiencies in the company’s system of documentation and traceability and a failure of the company to attend to those matters despite being alerted to them by the NSW Food Authority.”

Minister Whan said the NSW Government is firm on its position that the domestic pork industry should not be unfairly disadvantaged in competing with the use and labelling of imported meat for sale to consumers.

“The NSW Food Authority is diligent in its monitoring and enforcement procedure to ensure food products are labelled in accordance with Country of Origin labelling requirements,” Minister Whan said.

“This is a matter of truth and fairness for the consumer and also a matter of protection of public health.

“NSW consumers have every right to know what they are getting and that they’re getting what they paid for.”

Further information about food labelling and food safety issues can be found at the NSW Food Authority website.