Which businesses must comply with the scheme?

The scheme applies to large chain food businesses and large chain supermarkets operating under:

  • franchise arrangements with a parent business
  • the same trading name, brand or trademark
  • common ownership or control.

It applies only to chain food businesses and chain supermarkets that have:

  • 20 or more outlets in Victoria
  • 50 or more outlets nationally, including at least one outlet in Victoria.

In the case of chain supermarkets, the scheme only applies to large supermarkets in the chain which have a floor area greater than 1,000 square metres.

What kinds of businesses do not need to comply?

The kilojoule labelling requirements do not apply to:

  • any supermarket premises with a floor area of 1,000 square metres or less

and the following exempt premises types:

  • cinema candy bars
  • food catering services
  • food vending machines
  • temporary food businesses
  • mobile food businesses
  • service stations selling fuel for motor vehicles
  • not-for-profit home delivery services (such as 'meals on wheels' services).

What information must be displayed?

Large chain food businesses and supermarkets must display the following kilojoule information:

  • the average kilojoule content of each standard food item for sale by the chain food business, expressed in kilojoules
  • the reference statement 'The average adult daily energy intake is 8700 kJ'.

A guide to how information must be displayed is available in the User guide for large chain food businesses and chain supermarkets.

What food and drink items need to display kilojoule information?

Businesses affected by the scheme need to display kilojoule information for 'standard' food and non-alcoholic drink items that are shown on a menu, displayed with a price tag or label. Standard food and drinks are items that are:

  • ready-to-eat
  • unpackaged
  • standardised for size and content across two or more outlets in the chain
  • sold at more than one outlet in the chain.

More information about the requirements of the scheme are also available in the user guide.

What food and drink items do not require kilojoule labelling?

The scheme does not apply to:

  • nuts in the shell or raw fruit or vegetables that are usually washed, peeled or hulled by the consumer (for example, pistachio nuts, bananas, oranges)
  • alcoholic beverages
  • packaged food items with a nutrition information panel.

In addition, food and drinks that are offered on a trial basis are excluded from the scheme where the item:

  • is offered for 60 days or less
  • is available in five or less stores, and
  • has not previously been offered for sale.

How will the scheme be enforced?

The scheme will be enforced by the Department of Health and Human Services, in partnership with local councils.

The Food Act 1984 (the Act) allows for an infringement notice of two penalty units for an individual, and four penalty units for a corporation, or prosecution in the magistrates court with a fine of up to 20 penalty units for an individual, and up to 100 penalty units for a corporation, for not complying with the scheme. For information about the current value of each penalty unit can be found at the Department of Treasury and Finance website.