FOOD STANDARDS AUSTRALIA NEW ZEALAND

VARIATIONS TO THE FOOD STANDARDS CODE

(AMENDMENT NO. 64)

1. Preamble

The variations set forth in the Schedule below are variations to the Food Standards Code (hereinafter called ‘the Code’) which was published by the National Health and Medical Research Council in the Commonwealth of Australia Gazette, No. P 27, on 27 August 1987, and which has been varied from time to time.

These variations are published pursuant to section 23A of the Food Standards Australia New Zealand Act 1991.

2. Citation

These variations may be collectively known as Amendment No. 64 to the Code.

3. Commencement

These variations commence on gazettal, with the exception of Items [2.1], [2.2] and [4] which commence on 20 December 2002, and Items [24.1], [24.2], [24.3], [24.4], [24.7] and [24.8] which commence 12 months from gazettal.

4. Correction of Typographical Errors

Amendment No. 62 published on 17 September 2002 contained the following typographical error -

• On page 12 (Item [10]) – the table should be as follows -

Note:  These variations were published in the Commonwealth of Australia Gazette No. FSC 6 on 13 December 2002.

SCHEDULE

[1] Standard A16 is varied by inserting into Table III immediately after Ethylene diamine tetraacetic acid -

[2] The TABLE OF CONTENTS for Volume 2 is varied by -

[2.1] omitting in PART 1.1 the entry for -

Standard 1.1.3 Transitional and Temporary Standards

[2.2] inserting immediately following the last entry in PART 1.1 -

PART 1.1A Transitional Standards (to commence on 20 December 2002)

Standard 1.1A.1 Transitional Standard for Infant Formula Products

Standard 1.1A.2 Transitional Standard for Health Claims

Standard 1.1A.3 Transitional Standard for Country of Origin Labelling Requirements

Standard 1.1A.4 Transitional Standard for the Labelling of Pollen and Royal Jelly

Standard 1.1A.5 Transitional Standard for the Warning Statement for Condensed Milk, Modified Milk and Skim Milk

Standard 1.1A.6 Transitional Standard for Special purposes Foods (Including Amino Acid Modified Foods) (New Zealand Only)

[2.3] inserting immediately following the last entry in PART 2.3 -

Standard 2.3.2  Jam

[2.4] inserting immediately following the last entry in PART 2.6 -

Standard 2.6.4  Formulated Caffeinated Beverages

[3] Standard 1.1A.5 is varied by omitting Division 1, substituting -

Division 1 - Application

1 Application

(1) Milk products specified in this Standard, produced or imported into Australia or New Zealand must comply with Division 2 of this Standard, Division 3 of this Standard, or Standard 1.2.3, but not a combination of any of these.

(2) This Standard ceases to have effect on 17 September 2004.

[4] The Food Standards Code is varied by inserting immediately following Standard 1.1A.6 -

Standard 1.1A.7

TRANSITIONAL STANDARD FOR CAFFEINE IN artificial drinks

(New Zealand only)

Purpose

This Standard incorporates paragraph 215(2)(e) of the former New Zealand Food Regulations (1984), in so far as it permits the addition of caffeine to artificial drinks.  This Standard operates as a transitional standard only and ceases to have effect on 20 December 2003.

Table of Provisions

1 Interpretation

2 Application

3 Composition

Clauses

1 Interpretation

In this Standard -

artificial drink means a non-alcoholic beverage that is an unfermented mixture of drinking water which may contain other foods.

2 Application

(1) Subject to subclause (2), for the matters regulated in this Standard, food produced in or imported into New Zealand must comply with this Standard.

(2) This Standard does not apply to food produced or imported into Australia.

(3) This Standard ceases to have effect on 20 December 2003.

3 Composition

(1) An artificial drink may contain no more than 200 mg/kg of caffeine.

[5] Standard 1.2.3 is varied by -

[5.1] omitting clause 1, substituting -

1 Deleted

[5.2] omitting from the Table to clause 2 -

substituting -

[5.3] inserting in Columns 1 and 2 respectively in the Table to clause 2 -

[5.4] inserting in Columns 1 and 2 respectively in the Table to clause 3 -

[5.5] omitting the Drafting note immediately following the Table to clause 3.

[5.6] omitting from the Table to clause 4 the entry for -

substituting

[5.7] omitting from the Table to clause 4 -

[5.8] omitting the heading Editorial notes: following the Table to clause 4, substituting -

Editorial note:

[5.9] inserting immediately following the last entry in the Editorial note following the Table to clause 4 -

6. Coconut is the fruit of the palm (Cocos nucifera) and is not generally considered to be a tree nut.

[6] Standard 1.2.4 is varied by -

[6.1] omitting from the Table to clause 4 -

substituting

[6.2] omitting the entries in Part 1 and Part 2 of Schedule 2 for -

substituting

[6.3] omitting the entry in Part 1 and Part 2 of Schedule 2 for -

substituting

[6.4] omitting the entries in Part 1 and Part 2 of Schedule 2 for -

substituting

[6.5] omitting the entries in Part 1 and Part 2 of Schedule 2 for -

substituting

[6.6] omitting the entries for Neotame in Part 1 and Part 2 of Schedule 2 for -

substituting

[6.7] omitting the entries in Part 1 and Part 2 of Schedule 2 for -

substituting

[6.8] omitting the entries in Part 1 and Part 2 of Schedule 2 for –

substituting

[6.9] omitting the entry in Part 1 and Part 2 of Schedule 2 for -

substituting

[7] Standard 1.2.8 is varied by –

[7.1] omitting paragraph 3(n), substituting –

(n) jam setting compound; or

(o) a kit which is intended to be used to produce an alcoholic beverage standardised in Part 2.7 of this Code.

[7.2] omitting from the Editorial note to subclause 5(7) -

The word ‘total’ following ‘fat’, ‘dietary fibre’ or ‘protein’ in the first column of the panel need only be included if it is immediately followed by the sub-group.

substituting

The word ‘total’ following ‘protein’ or ‘dietary fibre’ in the first column of the panel need only be included if it is immediately followed by the sub-group.

[8] Standard 1.3.1 of Volume 2 is varied by -

[8.1] omitting from subclause 11(a)(i) -

June 2000

substituting

December 2001

[8.2] omitting from Item 4.3.4 in Schedule 1 -

substituting

[8.3] inserting in Item 5 in Schedule 1 under the column heading INS Number in relation to Neotame -

961

[8.4] omitting from Item 20.2 in Schedule 1 -

substituting

[8.5] inserting in Schedule 1, immediately following the entry for custard mix, custard powder, and blanc mange powder -

[8.6] omitting from Schedule 2, the entries for -

substituting

[8.7] omitting from Schedule 2, the entries for -

substituting

[8.8] omitting from Schedule 2, the entries for -

substituting

[8.9] omitting from Schedule 2, the entries for -

substituting

[8.10] omitting from Schedule 2, the entries for -

substituting

[8.11] omitting from Schedule 2, the entries for -

substituting

[9] Standard 1.3.2 is varied by omitting from the Table to clause 3 -

substituting

[10] Standard 1.3.3 of Volume 2  is varied by -

[10.1] omitting from the Table of Provisions -

6 Permitted decolourants, clarifying and filtration agents

substituting

6 Permitted decolourants, clarifying, filtration and adsorbent agents

[10.2] omitting clause 6, substituting -

6 Permitted decolourants, clarifying, filtration and adsorbent agents

The processing aids listed in the Table to this clause may be used as decolourants, clarifying, filtration and adsorbent agents in the course of manufacture of any food provided the final food contains no more than the corresponding maximum permitted level specified in the Table.

[10.3] inserting into the Table to clause 14 immediately after Ethylene diamine tetraacetic acid -

[11] Standard 1.4.2 of Volume 2 is varied by -

[11.1] omitting from Schedule 1 all entries for the following chemicals -

[11.2] inserting in Schedule 1 -

[11.3] omitting from Schedule 1 the foods and associated MRLs for each of the following chemicals -

[11.4] inserting in alphabetical order in Schedule 1, the foods and associated MRLs for each of the following chemicals -

[11.5] omitting from Schedule 1, under the entries for the following chemicals, the maximum residue limit for the food, substituting -

[12] Standard 1.5.1 is varied by omitting in the Table to clause 2, Column 2 -

‘phytosterol ester or plant sterol esters’

substituting

‘phytosterol esters’ or ‘plant sterol esters’

[13] Standard 1.6.2 is varied by omitting clause 2 and the editorial notes immediately following clause 2, substituting -

2 Processing of cheese and cheese products

(1) Cheese and cheese products must be manufactured -

(a) from milk and milk products that have been heat treated -

(i) by being held at a temperature of no less than 72C for a period of no less than 15 seconds, or by using a time and temperature combination providing an equivalent level of bacteria reduction; or

(ii) by being held at a temperature of no less than 62C for a period of no less than 15 seconds, and the cheese or cheese product stored at a temperature of no less than 2C for a period of 90 days from the date of manufacture; or

(b) such that -

(i) the curd is heated to a temperature of no less than 48C; and

(ii) the cheese or cheese product has a moisture content of less than 36%, after being stored at a temperature of no less than 10C for a period of no less than 6 months from the date of manufacture; or

(c) in accordance with clause 3 of Standard 2.5.4.

[14] Standard 2.2.2 is varied by omitting subclause 3(2) substituting -

(2) Egg products derived from cracked eggs sold -

(a) not for retail sale; or

(b) not for catering purposes;

must be pasteurised or have undergone an equivalent treatment so that the egg product meets the microbiological criteria specified in Standard 1.6.1.

[15] Standard 2.2.3 is varied by omitting the Editorial note to clause 1 -

substituting

[16] Standard 2.3.2 is varied by -

[16.1] omitting the heading -

Jam and Related Products

substituting

Jam

[16.2] omitting from the Purpose clause -

and marmalade

[17] Standard 2.5.1 is varied by omitting the Editorial note to subclause 4(3), substituting -

[18] Standard 2.5.2 is varied by omitting the Editorial note to clause 3, substituting -

[19] Standard 2.5.3 is varied by omitting the Editorial note to clause 3, substituting -

[20] Standard 2.5.4 is varied by omitting the Editorial note to clause 4, substituting -

[21] Standard 2.5.5 is varied by omitting the Editorial note to clause 3, substituting –

[22] Standard 2.5.6 is varied by omitting the Editorial note to clause 3, substituting -

[23] Standard 2.5.7 is varied by omitting the Editorial note to clause 4, substituting -

[24] Standard 2.9.2 is varied by -

[24.1] omitting paragraph 2(2)(a), substituting -

(a) sugars, provided in the case of a vegetable juice, fruit drink or a non-alcoholic beverage, the total sugars content of the food is no more than 4 g/100 g; and

[24.2] omitting the Editorial note immediately following paragraph 2(2)(a), substituting -

[24.3] omitting paragraph 2(3)(d), substituting -

(d) added salt, in the case of ready-to-eat fruit-based foods, fruit drink and vegetable juice.

[24.4] omitting from the Table to paragraph 2(3)(c), Column 1, the entry for Ready-to-eat fruit-based foods, including juices, substituting -

[24.5] omitting paragraphs 3(1)(b) and (c), substituting -

(b) may contain added iron in the following forms:

(i) electrolytic iron; or

(ii) reduced iron; or

(iii) in the permitted forms set out in Schedule 1 of Standard 2.9.1; and

(c) may contain added thiamin, niacin, vitamin B6, vitamin C, folate, magnesium in the forms permitted in Schedule 1 of Standard 2.9.1; and

(d) may contain added vitamin C to a maximum level of 90 mg/100 g on a moisture free basis.

[24.6] omitting paragraph 3(2)(a), substituting -

(a) iron in the following forms:

(i) electrolytic iron; or

(ii) reduced iron; or

(iii) in the permitted forms as set out in Schedule 1 of Standard 2.9.1; and

[24.7] omitting paragraph 4(a), substituting -

(a) in the case of vegetable juices, fruit drinks and gels, must contain no less than 25 mg/100 g of vitamin C; and

[24.8] omitting the Editorial note immediately following clause 5, substituting -

[25] Standard 2.9.3 is varied by omitting Schedule from the Table of Provisions, substituting –

Schedule Formulated meal replacements and formulated supplementary foods and formulated supplementary foods for young children