Seafood substitution
What is seafood substitution?
Seafood substitution is when one species of fish, crustacean or shellfish is sold as another species. Food businesses must make sure that information provided in relation to food they sell or intend to sell is correctly described. This includes information that is provided on a label, package, advertisement, in connection with the food (such as an identification tag), or to the consumer upon request.
It is an offence under the Food Act 2006 (the Act) to provide a false description of food.
Food is falsely described when:
- the food is represented as being a particular nature or substance for which there is a prescribed standard under the Australia New Zealand Food Standards Code (the Food Standards Code) and the food does not comply with that standard
- the food is mixed or diluted with any substance that reduces the value or nutrition of the food
- the food is mixed or diluted with a substance of lower commercial value
- part of the food is removed so that its properties are diminished
- the food is represented as a particular nature or substance and a constituent of the food has been wholly or partly removed so that its properties are diminished compared to the represented nature of the food
- a word, statement, device or design used in packaging or labelling the food or in advertising the food, creates a false impression about the nature or substance of the food, or the commercial value of the food, in the mind of a reasonable person
- the food is not of the nature or substance represented by the way in which it is packaged, labelled or offered for sale.
Types of seafood substitution
Common types of seafood substitution have been found to include:
- vannamei prawns or tiger prawns advertised as ‘king prawns’
- imported scallops advertised as ‘Tasmanian scallops’
- basa fillets advertised as ‘dory’, ‘perch’ and ‘jewfish’ fillets
- tilapia fillets advertised as ‘Bream’ fillets.
Identifying correct fish names
The Australian Standard Fish Name Standard includes names of fish, crustacean and shellfish. The list was developed and is maintained by Seafood Services Australia in consultation with industry and government. It is available at the SAI Global website or by phoning 1300 130 321. Businesses can apply to be licensed by Seafood Services Australia for compliance with approved fish names in accordance with the Australian Fish Names Standard AS SSA 5300.
Labelling of seafood
Packaged fish and fish products sold by retail must be labelled in full. Fish products that are made and packaged on the premises from which they are sold, as well as fish or fish products sold unpackaged by retail, are exempt from some labelling requirements, however, certain information is required to be provided to the purchaser.
For value-added fish products such as crumbed fish and fish cakes, the percentage of fish in the product must either be displayed or provided to the consumer upon request. The retailer also needs to be able to supply information to a purchaser upon request, either verbally or in writing, about potential allergens.
Fish including fish that has been cut, filleted, mixed with other foods or gone through any other processing must be labelled with the country of origin. This requirement does not apply to food for immediate consumption, such as in restaurants.
Effects of seafood substitution
Seafood substitution can deceive and mislead consumers by providing a product which is not what the purchaser has requested. Seafood substitution can also pose a significant risk to public health and safety, due to the inability to trace the product sold, in the event of an urgent food recall.
Report a food safety issue
If you suspect a fish, crustacean, shellfish or other food has been misnamed, you can report a food safety issue.
If you have a concern about a food product or a food business, you can use our online form to make a food safety complaint. If you would like to speak directly with the agency responsible for monitoring and enforcing food laws, see roles and responsibilities.
More information
- Labelling and compositional guide for seafood - fish and fish products