You are here:
How to identify substantial transformation
Last Updated: 18 October 2019
This page provides guidance and examples on how to identify if your food product has undergone substantial transformation.
Substantial transformation
According to Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), a food is substantially transformed in a country when either:
- each of its significant ingredients was grown in that country and all, or virtually all, processing occurred in that country
- as a result of one or more processes undertaken in that country, the product is fundamentally different in identity, nature or essential character from all of its ingredients or components that were imported into that country
Examples of substantial transformation
| Product | Australian ingredient/ component | Imported ingredient/ component | Substantially transformative or material process/change | Primary reason why it is considered to be substantial transformation |
|---|---|---|---|---|
| Cake | Sugar, eggs, flour | Spices | Mixing and baking | The imported ingredients (spices) are fundamentally different from, and do not have the identity, nature or essential character of the finished product (cake). |
| Apple pies | Pastry, sugar | Apples, spices | Forming a pie and baking | The imported ingredients (apples, spices) are fundamentally different from, and do not have the identity, nature or essential character of the finished product (apple pie). |
| Frozen crumbed prawns | Prawns, egg | Crumbs, spices | Cultivating and shelling prawns and raising chickens (from which eggs are, gathered) before crumbing | The imported ingredients (crumb, spices) are fundamentally different from, and do not have the identity, nature or essential character of the finished product (frozen crumbed prawns). |
| Frozen battered seafood snack | Flour, eggs, water (to form batter) | Prawns, squid, seasoning | Mincing, mixing, forming and battering | The imported ingredients (seafood) are fundamentally different from, and do not have the identity, nature or essential character of the finished product (frozen battered seafood snack). |
Examples of what isn’t substantial transformation
| Product | Australian ingredient/ component | Imported ingredient/ component | Substantially transformative or material process/change | Primary reason why it is NOT considered to be substantial transformation |
|---|---|---|---|---|
| Canned apricots | Syrup | Apricots | Peeling, cooking and canning | The imported ingredients (fresh apricots) are not fundamentally different from, retain their identity and nature, and have the essential character of the finished product (canned apricots). |
| Orange juice | Water, sugar, preservatives | Orange juice concentrate | Reconstitution | The imported ingredient (orange juice concentrate) is not fundamentally different from, retains its identity and nature, and has the essential character of the finished product (orange juice). |
| Frozen crumbed prawns | Crumb, egg | Prawns, spices | Crumbing, packing, freezing | The imported ingredients (prawns) are not fundamentally different from, retain their identity and nature, and have the essential character of the finished product (frozen crumbed prawns). |
| Mashed peas | Peas | Mashing and packing | The imported ingredients (peas) are not fundamentally different from, retain their identity and nature, and have the essential character of the finished product (mashed peas). |
