Thứ Ba, 22 tháng 8, 2017

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If a new couple bought their first house and they came to the Keefe Law Firm for closings,

it expands into other areas of practice as well.

Very typically, people buying a new home don't understand that they might need a will.

And after they purchase they may have children and, you know, the firm is able to more or

less bring them into other needs that they may have.

Residential real estate is a good starting point.

It brings a new client to the firm, which is an important thing because their needs

as they get older and as they have children start to expand greater.

And we can provide them other services after that as well.

I believe that you do need a lawyer to buy residential property in New Jersey.

Residential transactions have become more complex, especially with the changes in the

banking laws.

In recent years, banks have more requirements that have to be satisfied.

And in meeting these requirements, I believe that a homeowner needs the assistance of a

lawyer.

Also, real estate closings are a very stressful transaction for most people that have never

been through them before.

And in my experience over the years that I've been representing clients in residential real

estate, it's clear to see that it's probably the most expensive purchase that they've ever

made before in their lives.

And in assisting them through the stress that comes with that type of transaction, it can

be a very big benefit to have someone from the firm coach them through that process.

Here at the Keefe Law Firm, we stand for you.

Call now to get the help you need at (866) 575-5000.

Visit us at www.Keefe-LawFirm.com.

For more infomation >> Do I Need a Lawyer for Residential Property Sales? - Duration: 1:46.

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Do I need to make a country of origin claim? - Duration: 7:41.

>>Dr Schaper: Now, let's say he has to make a

country of origin claim. Tania,

I know your burning question was about this.

>>Ms Chapman: That's right.

From the growers I've spoken to and as one

myself, one of the fundamental issues that we

face is when does this new Standard apply to me?

There are many different ways farmers can sell

their produce, so I'm looking for some clarity

around that.

>>Dr Schaper: Now, in terms of who has to

display or attach the label,

it's worth noting that the new Standard imposes the

labelling requirements on the foods,

not on the trader.

This means that, depending on the circumstances,

the obligation to provide labelling can apply to

growers or to distributers or importers or

manufacturers or retailers.

A good starting point is if you previously had to

provide country of origin labelling under the old

Food Code, then the new Standard is going to apply

to you.

Put simply, food must have country of origin

labelling if it fits into one of the following

categories; firstly, if it's in a package,

it doesn't matter whether it's for wholesale or

retail sale in this case.

Secondly, if it's certain unpackaged seafood, meats,

fruits, vegetables, nuts, seed and fungi and it's

being offered for retail sale or, thirdly,

if it's fresh fruit or vegetables in transparent

packaging and it's being offered for retail sale.

>>Ms Chapman: Okay, so we'll need to label fruit

and vegies for retail sale,

but what about wholesale?

If I sell my produce to the central markets,

do I have to provide country of origin

labelling?

>>Dr Schaper: No, the Standard doesn't require

labelling at the wholesale level for fresh fruit and

vegetables, although some buyers may still ask you

to provide this information in some form.

A manufacturer or retailer who needs origin

information to do their labelling can also require

their suppliers to provide this information,

so that's worth bearing in mind.

>>Mr Preston: Yeah, but this doesn't mean that all

retail sales of food are covered.

Like under the old Food Code,

there's a number of exceptions where food

wouldn't require country of origin labelling.

These include food that is sold at a restaurant,

canteen or by a catering business for immediate

consumption or delivered at the customer's request,

packaged and ready to eat, for example,

a takeaway pizza.

Or food that's made and packaged on the same

premises where it's sold, like cake made from

scratch in a bakery.

>>Ms Chapman: Another example of this one,

the last one, could be a dairy processor who makes,

packages and sells cheese from the farm shop on

their property.

>>Mr Preston: Yeah, that's absolutely right, Tania.

In that instance, a country of origin label

would only be required if the cheese was sold at

another location off the property.

>>Dr Schaper: So, we know which food has to be

labelled, but who is responsible for actually

doing the labelling?

Tania, we've got a few different scenarios,

so why don't you run us through these?

>>Ms Chapman: Sure.

First, let's look at when a grower has to label

their produce.

We've already said that the new Standard applies

to the retail sale of loose fruit and veg,

and fresh fruit and veg in transparent packaging.

So, if you're a grower and you're selling your

produce directly to consumers,

such as at a market, you'll need to comply with

the Standard, otherwise you'll just have to

provide the origin information upon request

if a wholesale buyer needs it to do their labelling.

Next, if you're a manufacturer or processor

of packaged food products, it's generally safe to

assume you have to provide labelling unless an

exemption applies.

Finally, if you're a retailer,

you'll need to make sure that the packaged food you

supply is labelled.

You'll also need to make sure that those labels are

displayed on or near fresh fruit and veg in

transparent packaging, as well as the required

unpackaged foods.

>>Mr Preston: What happens if I import products from

an overseas manufacturer who doesn't want to add

the new labels to their packaging just for the

Australian market?

>>Dr Schaper: Well, Chris, if the food's going to be

sold in Australia, it must be labelled according to

the Standard as from 1 July 2018.

If not, it simply won't be allowed into the country.

This is because customs regulations will require

imported foods to be labelled according to the

Standard at the border.

>>Mr Preston: Michael, can a business that's exempt

from the Standard choose to use the new picture

labels on their products?

For example, a fast food delivery business that

wants to use the "Made in Australia" kangaroo in

triangle on their packaging?

>>Dr Schaper: Yes, but there's a "but".

If your business isn't required to use the

picture labels, but you choose to do so,

then you must comply to the rules in the Standard

that apply around the use of those labels.

Now, this principle also applies to businesses that

choose to label non-priority foods as if

they were priority items.

And for those who do have to comply with the

Standard, there are some key dates you need to be

aware of.

From now until 30 June 2018 you have two options.

You can either, one, continue to comply with

the country of origin requirements of the old

Food Code or, two, you can adopt the new labelling

requirements under the Standard.

If you have to use the new picture labels,

you have until 1 July 2018 to make the transition.

The existing requirements for country of origin

labelling in the Food Code are going to remain in

place up until the day before then.

Chris, I bet manufacturers and processors want to

know what happens to stock that's already been

labelled under the old Food Code?

>>Mr Preston: Absolutely.

Manufacturers have asked me things like,

"What happens if I make a product that has a

ten-year shelf life and it's on shelves after

1 July 2018, still with the old labelling?"

Well, that's okay under the new Standard.

Basically, if you attach the code compliant label

to the food on or before 30 June 2018,

that food can see out its shelf life.

You won't have to relabel it in order to comply with

the new Standard.

>>Dr Schaper: That's right.

Now, bear in mind this principle will apply

differently depending on the packaging scenario.

The way we see it, there are two basic types of

packaging.

The first is where you attach the label to the

package, for example, you stick it on,

and the second is where it's part of the packaging

itself.

Let's use tinned soup as an example.

Here the country of origin label is going to appear

somewhere on the paper wrapper that you actually

stick to the tin.

If the wrapper with a food code compliant label is

stuck on or before 30 June 2018, well,

it can still be sold after this date.

However, from the next day on only the new labels can

be attached and this could be done by either printing

new paper wrappers or sticking over the old

country of origin label on the wrapper with a new one.

On the other hand, a cereal box would be an

example where the country of origin label is likely

to already be part of the packaging.

That is it's already part of the box.

In this case, the cereal couldn't be added to the

box on or after 1 July 2018 without either, one,

printing new boxes or, two,

covering the old label with a new one.

So, to sum up, one of our key takeaways,

so to speak, from this segment,

our tips and traps.

>>Ms Chapman: Well, for me,

I'd say you really need to figure out now whether you

need to use the new labels and if you leave things

too late you may not be ready come 1 July next year.

That could be a costly mistake for a business

that has to stop production because they

don't have their new packaging ready to go.

>>Mr Preston: Thanks, Tania.

My tip is actually very, very similar.

I think it's crucial that businesses manage their

packaging stock.

Don't make the mistake of being caught out with

heaps of costly packaging that you just can't use.

>>Dr Schaper: Some excellent tips, there.

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