Fish mislabelling survey - commonly asked questions

There have been a number of reports of fish mislabelling and substitution in Australia. Government departments have conducted a pilot survey to develop analytical techniques sufficiently robust for enforcement purposes and to provide a preliminary assessment of the extent to which some species are mislabelled.

Why are some fish mislabelled or substituted?

Mislabelling and substitution can be intentional or accidental. While the true extent of fish mislabelling only now becoming apparent, only a small minority of people in the seafood industry intentionally or inadvertently mislabel fish.   Most fish sold to consumers is labelled correctly.

The fish may be incorrectly identified at capture or wholesale and this name is carried on throughout the supply chain and used at point of sale to consumers. Some people may not have the expertise or experience to distinguish between fish species or fish names – increasing numbers of species make identification more difficult and confusing.

Wholesalers, restaurants, supermarkets and fishmongers may rename or substitute fish species in order to get a better sale price or to meet consumer demand for a particular species. Any supplier in the food chain could rename a fish in an attempt to make it more appealing to their customers.

Who carried out the pilot survey?

Sampling for the pilot survey was coordinated by the Environmental Health Service, Health Department of Western Australia and was carried out by Environmental Health jurisdictions of New South Wales, Northern Territory, South Australia, Queensland and Western Australia. In addition, samples were collected in the Australian Capital Territory and submitted by Food Standards Australia New Zealand (FSANZ).

How many samples were taken?

This was a small pilot survey that only took 138 samples and is not large enough to provide statistically valid samples. It is intended to use the information to target future enforcement activities.

What fish were included in the pilot survey and why?

The pilot survey mainly looked at two species – barramundi and red emperor. These species were selected because there is no ambiguity in the name they should be supplied under nationally and they are a high-value table fish which tend to be among the most commonly mislabelled species.

What were the findings?

The survey found that 106 out of the 138 fish samples were correctly labelled. Food service establishments (eg restaurants, cafes, takeaway stores) had the lowest level of compliance with 43 out of 67 samples correctly identifying the fish, 39 out of 44 samples from retailers (eg fishmongers, supermarkets) were compliant and 23 out of 24 samples from wholesalers were compliant.  

Why has this survey been carried out at this time?

Whole fish are easily identifiable, but it is only very recently that techniques such as DNA fingerprinting have become available that can rapidly identify fish from samples of fillets or cooked fish. It is now possible to positively identify a fish no matter how it has been prepared – including shellfish.

What action is being taken about the results?

FSANZ and the Australian Competition and Consumer Commission have recently made a commitment to ensure close cooperation on protecting consumer rights in the area of food by signing a memorandum of understanding between the two regulators. The seafood industry has developed a list of standard marketing names (Australian Fish Names List), which is used by reputable suppliers of seafood. The industry has been working closely with FSANZ to develop advice to ensure that wholesalers, retailers, food service operators and consumers know exactly what they are buying.

Industry will also work with Standards Australia to develop an Australian Fish Names Standard. As this standard takes effect, there may be a significant number of fish names changed as local suppliers move from local to nationally consistent names.

What should consumers do to ensure they get the fish they are paying for?

Consumers should find a reputable fishmonger/restaurant that they can trust and, if they are concerned that the fish may be mislabelled, they should ask for someone experienced to confirm it. Consumers have the right to ask and confirm the name of the fish supplied before paying. Obvious signs that the supplier is using the correct fish names – for example, the Australian Seafood Handbook on display – would assist consumer confidence.

What should retailers and food service operators do to ensure they get the fish they are paying for?

• Clarify with the supplier whether they are using the accepted marketing name and use the scientific name to confirm if there is doubt. Ensure that your food safety plan includes a ‘fish name protocol’ for your business.
  
  
• Ask for and keep written evidence of the description of the fish that was supplied or have the type of fish sold documented on the invoice.
  
  
• Buy the book Australian Seafood Handbook (Domestic and Imported species) and learn the distinguishing visual characteristics of the fish and the flesh (there are some characteristics). Gain experience preparing fish from known whole samples. Ensure that you are up-to-date with new or changed names by consulting the Fish Names List at www.seafoodservices.com.au/fishnames
  
  
• Learn about how Australian fish are named so that you can talk about the issue with your customers. There is plenty of information on this at www.seafoodservices.com.au/fishnames .
  
  
• Ensure that your staff are conversant with this issue and understand the importance of consumers being able to make informed choices when purchasing. If in any doubt, discuss this issue with your training provider and include in your training plan.
  
  
• If you are confident you have this issue under control, then promote this in your business by advising to your customers that your business has adopted the correct fish marketing names protocol as per the Australian Fish Names List. This could be a sign in your shop or on the menu.

What should retail/food service operators do if they think they have been sold incorrectly labelled fish?

The supply of fish under the incorrect name may breach both food and trade practices legislation. If you have information or evidence of fish mislabelling, contact your supplier in the first instance or, if dissatisfied with the explanation or response received, the Office of Fair Trading, local council or Health Department in your State or Territory.

Where can I see the full survey results?

The full survey is on the FSANZ website www.foodstandards.gov.au .

Where can I get more information regarding correct fish names?

Go to www.seafoodservices.com.au/fishnames to obtain this information (including an updated list, details of the process of naming the fish, details of the Fish Names Committee, etc). You can also join the Seafood Services Network online and indicate you would like to be informed about any fish name changes or amendments.

Why is fish labelling an important issue?

There are many reasons, including:

• Consumers have a right to make informed choices when purchasing so must have confidence in correct labelling.
• Create greater consumer confidence in purchasing a healthy, nutritious food product.

Some species of seafood may cause problems to susceptible populations, ranging from allergies to serious illness .

• Misleading or deceptive conduct when selling any product must be avoided.
• Essential for product traceability for seafood quality and safety.
• Improved outcomes and return on investments from fisheries research and stock assessments.
• Improved effectiveness of seafood marketing and promotion.