❓ Mr. Trenorden questions the Minister for Health regarding the use of the term "fresh" in marketing fruit and vegetables, particularly in rural WA supermarkets, and whether the Minister will investigate potential misleading practices and quality discrepancies compared to metropolitan areas. The Minister largely deflects responsibility, citing lack of evidence and jurisdictional limitations.
AnsweredQoN 1197Legislative Assembly
QuestionView source ↗
I advise the Minister that the word “fresh” has a dictionary and potentially legal definition of “newly harvested” when used in describing produce such as fruit and vegetables in a positive manner and is constantly used by large supermarket chains to promote the quality of such produce for sale to consumers for financial gain, so I ask the Minister -
(1) Does the Minister consider the use of the word “fresh” as being a positive promotional, marketing and sales tool for the sale of produce such as fruit and vegetables?
(2) Does the Minister consider “fresh” also has a legal definition of “newly harvested” when used in the context of describing produce such as fruit and vegetables?
(3) Would the Minister consider the use of the word “fresh” by a supplier in marketing, promoting and selling produce to consumers, that is not fresh, as using false and misleading information to sell and obtain financial gain?
(4) Would the Minister consider such sales as providing just cause for the seller to be prosecuted under the Western Australian Health Act and the Commonwealth’s Trades Practices Act?
(5) Is the Minister aware that the duopoly of major supermarket chains servicing the larger communities in rural, regional and remote WA, may well be selling fruit and vegetables that are clearly not fresh while continuing to use the word “fresh” to promote these sales?
(6) Is the Minister prepared to initiate random checks by an appropriate authority such as the Western Australian Health Department of fruit and vegetables sold by major supermarket chains in rural, regional and remote Western Australia to ensure their freshness and quality?
(7) Is the Minister prepared to initiate legal action under appropriate legislation against major supermarket chains should it be proved they are selling fruit and vegetables in rural, regional and remote Western Australia that are not fresh and of insufficient quality?
(8) Does the Minister understand the concept of fairness and equality for all Western Australians?
(9) Does the Minister concede that the sale of any produce by major supermarket chains in rural, regional and remote Western Australia that is below the standard customer demands and expectations applicable to the Metropolitan Area is an unfair and inequitable imposition on those people living in rural regional and remote Western Australia?
(10) Does the Minister concede that customers in the Metropolitan Area can vote with their feet, but people in rural, regional and remote Western Australia may not have that luxury?
(1) Does the Minister consider the use of the word “fresh” as being a positive promotional, marketing and sales tool for the sale of produce such as fruit and vegetables?
(2) Does the Minister consider “fresh” also has a legal definition of “newly harvested” when used in the context of describing produce such as fruit and vegetables?
(3) Would the Minister consider the use of the word “fresh” by a supplier in marketing, promoting and selling produce to consumers, that is not fresh, as using false and misleading information to sell and obtain financial gain?
(4) Would the Minister consider such sales as providing just cause for the seller to be prosecuted under the Western Australian Health Act and the Commonwealth’s Trades Practices Act?
(5) Is the Minister aware that the duopoly of major supermarket chains servicing the larger communities in rural, regional and remote WA, may well be selling fruit and vegetables that are clearly not fresh while continuing to use the word “fresh” to promote these sales?
(6) Is the Minister prepared to initiate random checks by an appropriate authority such as the Western Australian Health Department of fruit and vegetables sold by major supermarket chains in rural, regional and remote Western Australia to ensure their freshness and quality?
(7) Is the Minister prepared to initiate legal action under appropriate legislation against major supermarket chains should it be proved they are selling fruit and vegetables in rural, regional and remote Western Australia that are not fresh and of insufficient quality?
(8) Does the Minister understand the concept of fairness and equality for all Western Australians?
(9) Does the Minister concede that the sale of any produce by major supermarket chains in rural, regional and remote Western Australia that is below the standard customer demands and expectations applicable to the Metropolitan Area is an unfair and inequitable imposition on those people living in rural regional and remote Western Australia?
(10) Does the Minister concede that customers in the Metropolitan Area can vote with their feet, but people in rural, regional and remote Western Australia may not have that luxury?
AnswerView source ↗
Answered
21 June 2006
Responded by
Minister for Health
Response time
22 days
(2) The word "fresh" is not defined under health legislation, in which case a Court would provide a legal interpretation. (3) In view of the word "fresh" not being legally defined, it is not possible to speculate as to whether a Court would determine if use of the word in relation to produce is "false and misleading information". (4) As the Western Australian Minister for Health, I do not administer the Trade Practices Act and it is therefore inappropriate for me to provide advice on this legislation. In Western Australia, health legislation is administered by relevant Local Governments, including initiating legal action where appropriate for alleged breaches. It is usually necessary to provide evidence to the Court showing that the product displayed some level of health risk to the consumer. (5) No. No evidence has been provided to me allowing me to conclude that fruit and vegetables that are clearly not fresh are being sold in rural, regional and remote communities. (6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(3) In view of the word "fresh" not being legally defined, it is not possible to speculate as to whether a Court would determine if use of the word in relation to produce is "false and misleading information". (4) As the Western Australian Minister for Health, I do not administer the Trade Practices Act and it is therefore inappropriate for me to provide advice on this legislation. In Western Australia, health legislation is administered by relevant Local Governments, including initiating legal action where appropriate for alleged breaches. It is usually necessary to provide evidence to the Court showing that the product displayed some level of health risk to the consumer. (5) No. No evidence has been provided to me allowing me to conclude that fruit and vegetables that are clearly not fresh are being sold in rural, regional and remote communities. (6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(4) As the Western Australian Minister for Health, I do not administer the Trade Practices Act and it is therefore inappropriate for me to provide advice on this legislation. In Western Australia, health legislation is administered by relevant Local Governments, including initiating legal action where appropriate for alleged breaches. It is usually necessary to provide evidence to the Court showing that the product displayed some level of health risk to the consumer. (5) No. No evidence has been provided to me allowing me to conclude that fruit and vegetables that are clearly not fresh are being sold in rural, regional and remote communities. (6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(5) No. No evidence has been provided to me allowing me to conclude that fruit and vegetables that are clearly not fresh are being sold in rural, regional and remote communities. (6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(3) In view of the word "fresh" not being legally defined, it is not possible to speculate as to whether a Court would determine if use of the word in relation to produce is "false and misleading information". (4) As the Western Australian Minister for Health, I do not administer the Trade Practices Act and it is therefore inappropriate for me to provide advice on this legislation. In Western Australia, health legislation is administered by relevant Local Governments, including initiating legal action where appropriate for alleged breaches. It is usually necessary to provide evidence to the Court showing that the product displayed some level of health risk to the consumer. (5) No. No evidence has been provided to me allowing me to conclude that fruit and vegetables that are clearly not fresh are being sold in rural, regional and remote communities. (6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(4) As the Western Australian Minister for Health, I do not administer the Trade Practices Act and it is therefore inappropriate for me to provide advice on this legislation. In Western Australia, health legislation is administered by relevant Local Governments, including initiating legal action where appropriate for alleged breaches. It is usually necessary to provide evidence to the Court showing that the product displayed some level of health risk to the consumer. (5) No. No evidence has been provided to me allowing me to conclude that fruit and vegetables that are clearly not fresh are being sold in rural, regional and remote communities. (6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(5) No. No evidence has been provided to me allowing me to conclude that fruit and vegetables that are clearly not fresh are being sold in rural, regional and remote communities. (6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(6) No. Random checks on the freshness and quality of fruit and vegetables would be undertaken by Local Government officers. Consumers can also exercise their individual right to make assessments of produce prior to purchase. (7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(7) No. See response to question 4. (8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(8) Yes. (9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(9) No evidence has been provided to me that confirms any differentiation in the standard of produce between the metropolitan area and rural, regional and remote Western Australia. (10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
(10) No. All customers can exercise their individual right to make purchases or not. It is accepted that this may be more difficult outside the metropolitan area.
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