Test a grown, produced, made or packed claim

Key facts

Human involvement
YellowClose supervision
How AI is used
Copy the origin words and any image or symbol that suggests a country. List which of grown, produced, product of, made or packed the claim uses. Do not decide that a safe harbour applies.
What the lawyer must review
The lawyer decides whether the claim can be made. The ACCC says grown in generally means all the main components were grown in that country and almost all processing occurred there. It is used for food and also for non-food such as flowers and clothing made from wool or natural fibres. Produced in, or product of, generally means all the main ingredients or components come from the stated country and almost all processing occurred there. The page says the two overlap, so that a product grown in Australia can also claim to have been produced in Australia in most instances. Made in generally means the last substantial step happened in that country and made a significant change, so the finished product is fundamentally different in identity, nature or essential character from its imported ingredients or components. Most ingredients may come from elsewhere. Packed in is generally used for food. The page says the rules are in the Food Labelling Standard, which was not opened, and that a food which cannot claim to have been grown, produced or made in a country will only be able to claim to have been packed there, for example where the processing is not enough for a made-in claim. Used correctly, the concepts are safe harbours. Failing a safe harbour does not by itself prevent the claim, if the business is confident an ordinary and reasonable consumer would not consider it false, misleading or deceptive. The Australian Consumer Law does not require country-of-origin labelling on non-food products, though the page says other laws may apply. Those other laws were not opened. The kangaroo logo on non-food goods needs a licence from Australian Made Campaign Limited. Australian made or Australian grown food sold in Australia may use it without cost if the Food Labelling Standard is followed. The bar chart on non-food goods does not need a licence. Extra words or images can still mislead.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceCopy the origin words and any image or symbol that suggests a country. List which of grown, produced, product of, made or packed the claim uses. Do not decide that a safe harbour applies.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Copy the image as well as the words. An implied origin is still a claim on the page.
  2. Do not treat packed in as made in. The page separates them, and the packed-in tests sit in the standard.
  3. Do not clear a non-food kangaroo logo. The page says that use needs a licence.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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