Barossa Farm Produce Pty Ltd engages principally in the production, marketing and distribution of premium pork, poultry and game products to consumers, through restaurants and retailers in South Australia, Victoria, New South Wales and Queensland, and through farmers markets in South Australia.
In response to an ACCC investigation into allegations that between about 9 December 2010 and 28 May 2013, the pork used in its "The Black-Pig" labelled smallgoods was not in fact from Heritage breed Berkshire, black pig or free range pork (as represented by Barossa Farm Produce at various times on product packaging, on websites and social media, and in person by Director Saskia Beer), Barossa Farm Produce has acknowledged that its conduct is likely to have contravened:
(a) sections 52 and 53(a) of the TPA, insofar as the conduct occurred before 1 January 2011; and
(b) sections 18 and 29(1)(a) of the Australian Consumer Law (found at Schedule 2 to the CCA) (ACL), insofar as the conduct occurred on and after 1 January 2011.
To address the ACCC's concerns, Barossa Farm Produce has provided the ACCC with a court-enforceable undertaking that it will not make any representations:
(a) about the breed or type of pigs used in "The Black-Pig" labelled smallgoods, in circumstances where it does not know the breed or type of pigs used; and
(b) that it knows the origin of every animal used in the production of "The Black-Pig" labelled smallgoods, in circumstances where it does not know the origin of every animal used.
Barossa Farm Produce has also undertaken to publish a corrective notice on its website, and that its current directors will attend trade practices compliance training.