FOOD STANDARDS AUSTRALIA NEW ZEALAND

VARIATIONS TO THE AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE

(AMENDMENT NO. 72)

1. Preamble

The variations set forth in the Schedule below are variations to the Australia New Zealand 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. 72 to the Code.

3. Commencement

These variations commence on the date of gazettal. 

Note:  These variations were published in the Commonwealth of Australia Gazette No. FSC 14 on 20 May 2004.

SCHEDULE

[1] Standard 1.1.1 is varied by omitting subclauses (4),(5) and (6), substituting –

(4) Subject to subclause (5) and prior to 20 December 2004, subclause (1) does not apply to food products with a shelf life of more than 12 months –

(a) manufactured and packaged prior to 20 December 2002; and

(b) which complied with all applicable food standards in the case of Australia and all applicable food standards or New Zealand Food Regulations (1984) in the case of New Zealand, as of the date of manufacture or packaging of the food product.

(5) Subclause (1) does not apply to wine with a shelf life of more than 12 months –

(a) bottled before 20 December 2002; and

(b) that complies with all food standards in the case of Australia and all food standards or New Zealand Food Regulations (1984) in the case of New Zealand, that would have applied on the date of bottling; and

(c) which is labelled with a 2002 vintage date or earlier.

(6) For the purposes of a Standard in this Code for which a corresponding transitional Standard in Part 1.1A applies, the reference to ‘commencement of the variation’ in subclause 2 is a reference to the date when that corresponding Standard in Part 1.1A ceases to have effect.

(7) Prior to 20 December 2003, Part 1.2, other than Standards 1.2.3, those parts of Standard 1.2.5 that refer to ‘use-by dates’, and 1.2.6, does not apply to food labelled on the premises for retail sale from which it is sold.

[2] Standard 1.1.2 is varied by –

[2.1] inserting in clause 1 –

sweet cassava means those varieties of cassava roots grown from Manihot esculenta Crantz of the Euphoribiacae family that contain less than 50 mg per kg of hydrogen cyanide (fresh weight basis)

[2.2] inserting after clause 1 –

[3] Standard 1.2.1 is varied by omitting paragraphs 2(2)(a) to 2(2)(o) substituting –

(a) subclause 2(2) of Standard 1.2.3; and

(b) subclause 3(2) of Standard 1.2.3; and

(c) subclause 4(2) of Standard 1.2.3; and

(d) subclause 5(2) of Standard 1.2.3; and

(e) clause 2 of Standard 1.2.6; and

(f) subclause 4(2) of Standard 1.2.8; and

(g) subclause 4(3) of Standard 1.2.8; and

(h) subclause 4(3) of Standard 1.5.2

(i) clause 6 of Standard 1.5.3; and

(j) subclause 2(3) of Standard 1.2.10; and

(k) subclause 4(3) of Standard 2.2.1; and

(l) clauses 5, 6, and 10 of Standard 2.2.1; and

(m) clause 3 of Standard 2.2.3; and

(n) subclause 3(2) of Standard 2.6.3; and

(o) subclause 3(3) of Standard 2.6.4; and

(p) subclause 3(4) of Standard 2.6.4.

[4] Standard 1.2.6 is varied by –

[4.1] omitting clause 2, substituting –

2 Circumstances where food must be labelled with, or accompanied by directions

(1)  The label on a package of food must include directions for the use or storage of the food, where the food is of a nature as to warrant such directions for reasons of health or safety; or

(2)  Where the food is unpackaged, the food must be either labelled with or accompanied by directions for the use or storage of the food, where the food is of a nature as to warrant such directions for reasons of health or safety.

[4.2] inserting after clause 2 –

3 Circumstances applying to specific foods

Notwithstanding the provisions of clause 2, any food listed in Column 1 of the Table to this clause must be labelled with or accompanied by the directions for use or storage specified in Column 2:

Table to clause 3

[4.3] omitting the Editorial note, substituting –

[5] Standard 1.2.8 is varied by –

[5.1] omitting paragraph 3(o), substituting –

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

(p) kava as standardised in Standard 2.6.3.

[5.2] inserting in the Table to subclause 18(1) –

[6] Standard 1.3.3 is varied by –

[6.1] omitting from the Table to clause 14 the Substance –

substituting –

[7] Standard 1.4.2 is varied by –

[7.1]  omitting from Schedule 1 under the entry for the following chemical the chemical residue definition, substituting –

[7.2] inserting in Schedule 1 –

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

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

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

[8] Standard 1.4.4 is varied by –

[8.1] inserting in Column 1 and Column 2 respectively of Schedule 1 immediately before the entry for Melia azedarach –

[8.2] inserting as the second paragraph in the Editorial note at the end of Schedule 1 –

Sweet cassava is defined in Standard 1.1.2 and the requirements for it are contained in clause 2 of 1.2.1 and clause 3 of Standard 1.2.6

[9] Standard 2.6.3 is varied by –

[9.1] inserting in clause 1, the definition –

cold water extraction means the aqueous suspension of kava using cold water only and excludes the use of any organic solvent.

[9.2] omitting from clause 1, the definition of kava, substituting –

kava means –

(a) a beverage obtained by cold water extraction; or

(b) the dried or fresh form;

of the peeled root and/or peeled rootstock, but excluding any root peelings and any of the aerial parts, of plants of the species Piper methysticum.

[9.3] omitting paragraph 3(1)(c).

[9.4] omitting subclause 3(2), substituting –

(2)                    Where kava is other than in a package –

(a) the name and business address in Australia or New Zealand of the supplier of the food; and

(b) the statements under subclause 3(1);

must be displayed on or in connection with the display of the food.

[9.5] omitting the Editorial note following subclause 3(2).

[10] Standard 2.9.1 is varied by –

[10.1] omitting from clauses 22 and 32, all references to cysteine, substituting –

cyst(e)ine

[10.2] inserting in clauses 22 and 32, at the end of the clause –

[10.3] inserting in Schedule 1, Column 2, as a permitted form for Selenium –

sodium selenate

[11] Standard 4.1.1 is varied by –

[11.1] omitting from the heading of the Standard –

Standard 4.1.1

substituting –

Standard 4.5.1

[11.2] omitting from clause 1, the definition of wine, substituting –

wine means the product of the complete or partial fermentation of fresh grapes, or a mixture of that product and products derived solely from grapes.

[11.3] omitting from subclause 3(2), the definition of prepared cultures substituting –

prepared cultures means cultures of micro-organisms such as yeasts or bacteria permitted for food use (including yeast ghosts) used in wine manufacture with or without the addition of any one or more of thiamine hydrochloride, niacin, pyridoxine, pantothenic acid, biotin and inositol.

[11.4] inserting in the Table to clause 3 –

[11.5] omitting Uncharred oak from the Table to clause 3 and inserting in the Table to clause 4 –

[11.6] inserting in the Table to clause 4 –

[11.7] omitting clause 5, substituting –

5 Composition

(1) Wine and sparkling wine must contain no less than 80 mL/L of ethanol at 20˚C.

(2) Notwithstanding subclause (1), wine must not contain added ethanol.

(3) Fortified wine must contain no less than 150 mL/L and no more than 220 mL/L of ethanol at 20˚C.

(4) Wine, sparkling wine and fortified wine must not contain methanol –

(a) in proportion exceeding 2 g/L of ethanol content at 20˚C in the case of white wine and white sparkling wine; and

(b) in the case of other products, in proportion exceeding 3 g/L of ethanol content at 20˚C.

(5) Wine, sparkling wine and fortified wine must contain no more than –

(a) 250 mg/L in total of sulphur dioxide in the case of products containing less than 35 g/L of sugars, or 300 mg/L in total of sulphur dioxide in the case of other products; and

(b) 200 mg/L of sorbic acid or potassium sorbate expressed as sorbic acid; and

(c) 100 mg/L of polyvinyl polypyrrolidone; and

(d) 1 g/L of soluble chlorides expressed as sodium chloride; and

(e) 2 g/L of soluble sulphates expressed as potassium sulphate; and

(f) 400 mg/L of soluble phosphates expressed as phosphorus; and

(g) 1.5 g/L of volatile acidity excluding sulphur dioxide, expressed as acetic acid; and

(h) 0.1 mg/L of cyanides and complex cyanides expressed as hydrocyanic acid; and

(i) 200 mg/L of dimethyl dicarbonate.

(6) If potassium ferrocyanide has been used as a processing aid in the manufacture of a wine, sparkling wine or fortified wine, the final product must have residual iron present.

(7) Wine, sparkling wine and fortified wine may contain water in proportion not exceeding 30 mL/L where the water is necessary for the incorporation of any substance specified in clause 3 or clause 4.