Australia New Zealand Food Standards Code – Amendment No. 103 – 2008

Food Standards Australia New Zealand Act 1991

Preamble

The variations set forth in the Schedule below are variations to Standards in the Australia New Zealand Food Standards Code published by the National Health and Medical Research Council in the Commonwealth of Australia Gazette, No. P 27, on 27 August 1987, which have been varied from time to time.

Citation

These variations may be collectively known as the Australia New Zealand Food Standards Code – Amendment No. 103 – 2008.

Commencement

These variations commence on 9 October 2008, with the exception of Items [7.1] and [16] which commence on 9 October 2009.

Correction of typographical Error

Amendment No. 101 published on 14 August 2008 contained the following typographical errors –

• Item [5.2] – ‘chose’ in the 3rd item in the list in the Editorial note, should be ‘choose’
• Item [6.1] – this applies to clause 2, not clause 1 as gazetted
• Item [21.3] – this applies to Standard 2.4.1, rather than Standard 2.2.3 as gazetted
• Item [40] – this applies to Standard 3.1.1, rather than Standard 3.3.1 as gazetted

Note:  These variations were published in the Commonwealth of Australia Food Standards Gazette No. FSC 45 on 9 October 2008.

SCHEDULE

[1] Standard 1.1.1 is varied by –

[1.1] omitting the definition of Code in clause 2, substituting –

Code has the same meaning as Australia New Zealand Food Standards Code as defined in section 4 of the Food Standards Australia New Zealand Act 1991.

[1.2] omitting from the definition of code number in clause 2 –

Standard 1.3.1

substituting –

Standard 1.2.4.

[1.3] omitting subclause 5(1), substituting –

(1) In this Code, guidelines as developed by Food Standards Australia New Zealand pursuant to section 13(1)(c) of the Food Standards Australia New Zealand Act 1991 are to assist in the interpretation of the Code and are not legally binding.

[1.4] omitting from subclause 5(2) –

Commentary and

[2] Standard 1.2.3 is varied by omitting from the Table to clause 4 –

substituting –

[3] Standard 1.2.4 is varied by –

[3.1] inserting the subclause number (1) before the words In this Standard in clause 1, and inserting after that subclause –

(2) Nothing in this Standard affects the mandatory declaration requirements in Standard 1.2.3.

[3.2] omitting from the Table to clause 4 –

substituting –

[3.3] inserting in Part 1 of Schedule 2 –

[3.4] inserting in Part 2 of Schedule 2 –

[4] Standard 1.2.8 is varied by –

[4.1] omitting the heading to clause 1, substituting –

1 Interpretation

[4.2] inserting the subclause number (1) before the words In this Standard in clause 1, and inserting after that subclause –

(2) Where this Standard permits average energy content to be expressed in calories, the average energy content in calories is to be calculated in accordance with the following formula –

Where is the average energy content expressed in calories and is the average energy content calculated in accordance with the formula in subclause (1).

[4.3] inserting following subclause 5(5) –

(5A) Zero (0) must be used to indicate the absence of dietary fibre under subclause (5).

[4.4] omitting the Table to subclause 18(1), substituting –

Table to subclause 18(1)

[4.5] omitting subclause 18(2), substituting –

(2) Where the dietary fibre content of a food has been determined by more than one method of analysis listed in column 2 of the Table to subclause 18(1), the total dietary fibre content is calculated by adding together the results from each method of analysis and then subtracting any portion of dietary fibre which has been included in the results of more than one method of analysis.

[5] Standard 1.2.11 is varied by omitting subclause 1(1A)

[6] Standard 1.3.1 is varied by –

[6.1] omitting from paragraph (b) of clause 3 –

does not exceed

substituting –

is no more than

[6.2] omitting from subclause 6(2) –

must not exceed

substituting –

must be no more than

[6.3] omitting from subparagraph 11(a)(i) –

August 2005

substituting –

August 2007

[6.4] omitting from subparagraph 11(a)(ii) –

2003

substituting –

November 2000

[6.5] omitting from subparagraph 11(a)(iii) –

1996

substituting –

2007

[6.6] inserting in Schedule 1, under item 1.1.2 Liquid milk products and flavoured liquid milk* –

[6.7] inserting in Schedule 1, under item 1.2.2 Fermented milk products and rennetted milk products* –

[6.8] inserting in Schedule 1, under item 3 ICE CREAM AND EDIBLE ICES* –

[6.9] inserting in Schedule 1, under item 3, sub-item Ice confection sold in liquid form –

[6.10] inserting in Schedule 1, under item 3 ICE CREAM AND EDIBLE ICES* –

 Reduced and low fat ice cream and edible ices

[6.11] inserting in Schedule 1, under item 4.3.2 Fruits and vegetables in vinegar, oil, brine or alcohol* –

[6.12] inserting in Schedule 1, under item 4.3.4, sub-item low joule chutneys, low joule jams and low joule spreads –

[6.13] inserting in Schedule 1, under item 4.3.6 Fruit and vegetable preparations including pulp* –

[6.14] inserting in Schedule 1, under item 5.1 Chocolate and cocoa products –

[6.15] inserting in Schedule 1, under item 5.2 Sugar confectionery* –

[6.16] inserting in Schedule 1, under item 5.2, sub-item low joule chewing gum –

[6.17] inserting in Schedule 1, under item 6.3 Processed cereal and meal products* –

[6.18] inserting in Schedule 1, under item 7.1 Breads and related products* –

[6.19] inserting in Schedule 1, under item 7.2 Biscuits, cakes and pastries* –

[6.20] inserting in Schedule 1, under item 11.4 Tabletop Sweeteners* –

[6.21] inserting in Schedule 1, under item 11.4.1 Tabletop Sweeteners-liquid preparation* –

[6.22] inserting in Schedule 1, under item 11.4.2 Tabletop Sweeteners-tablets or powder or granules packed in portion sized packages* –

[6.23] inserting in Schedule 1, under item 13.3 Formula meal replacements and formulated supplementary foods* –

[6.24] inserting in Schedule 1, under item 13.4 Formulated supplementary sports foods* –

[6.25] inserting in Schedule 1, under item 14.1.2.1 Fruit and vegetable juices –

[6.26] inserting in Schedule 1, under item 14.1.2.2 Fruit and vegetable juice products* –

 soy bean beverage (plain or flavoured)

[6.27] inserting in Schedule 1, under item 14.1.2.2, sub-item low joule fruit and vegetable juice products –

[6.28] inserting in Schedule 1, under item 14.1.3 Water based flavoured drinks* –

[6.29] inserting in Schedule 1, under item 14.1.3.1 Brewed soft drink* –

[6.30] inserting in Schedule 1, under item 14.1.1 Formulated beverages* –

[6.31] inserting in Schedule 1, under item 14.1.5 Coffee, coffee substitutes, tea, herbal infusions and similar products –

[6.32] inserting in Schedule 1, under item 20.2, sub-item custard mix, custard powder and blanc mange powder –

[6.33] inserting in Schedule 1, under item 20.2, sub-item jelly –

[6.34] inserting in Schedule 1, under item 20.2, sub-item dairy and fat based desserts, dips and snacks –

[6.35] inserting in Schedule 1, under item 20.2, sub-item sauces and toppings (including mayonnaises and salad dressings) –

[7] Standard 1.3.2 is varied by –

[7.1] omitting the Purpose, substituting –

This Standard regulates the addition of vitamins and minerals to foods, and the claims which can be made about the vitamin and mineral content of foods.  Standards contained elsewhere in this Code also regulate claims and the addition of vitamins and minerals to specific foods, such as, the mandatory addition of thiamin and folic acid to wheat flour for making bread (Australia only) and the mandatory replacement of non-iodised salt with iodised salt in bread in Standard 2.1.1, the addition of vitamin D to table edible oil spreads and margarine in Standard 2.4.2, formulated caffeinated beverages in Standard 2.6.4, special purpose foods standardised in Part 2.9 and the addition of iodine to certain salt products in Standard 2.10.2.

[7.2] omitting from clause 3 –

does not exceed

substituting –

is no more than

[8] Standard 1.3.3 is varied by –

[8.1] inserting, following the definition of processing aid, in clause 1 –

silicates include calcium aluminium silicate, calcium silicate, magnesium silicate, sodium aluminosilicate, sodium calcium polyphosphate silicate, sodium hexafluorosilicate, sodium metasilicate and sodium silicate.

[8.2] omitting wherever appearing in the Table to clause 8 –

does not exceed

substituting –

is no more than

[8.3] omitting from the Table to clause 8 –

substituting –

[8.4] omitting wherever appearing in the Table to clause 11 –

does not exceed

substituting –

is no more than

[9] Standard 1.3.4 is varied by –

[9.1] omitting paragraph 2(b), substituting –

(b) Food Chemicals Codex (6th Edition) published by United States Pharmacopoeia (2008); or

[9.2] omitting clause 3, substituting –

3 Substances with specifications in secondary sources

If there is no monograph applying to a substance under clause 2, the substance must comply with a relevant monograph (if any) published in one of –

(a) the British Pharmacopoeia 2008, TSO, Norwich (2007); or

(b) The United States Pharmacopeia, 30th Revision and The National Formulary, 25th Edition, including the first and second supplement official from 1 December 2007; or

(c) The Pharmaceutical Codex, 12th Edition, Council of the Pharmaceutical Society of Great Britain.  The Pharmaceutical Press, London (1994); or

(d) Martindale; The Complete Drug Reference. The Pharmaceutical Press, London (2007); or

(e) the European Pharmacopoeia 6th Edition, Council of Europe, Strasbourg (2007); or

(f) the International Pharmacopoeia 4th Edition, World Health Organization, Geneva (2006); or

(g) The Merck Index, 14th Edition, Merck, Whitehouse Station NJ (2006); or

(h) Code of Federal Regulations of the United States of America, 1 April, 2007; or

(i) The Specifications and Standards for Food Additives, 7th edition (2000), Ministry of Health and Welfare (Japan).

[9.3] omitting the border surrounding the text in the Specification for oxidised polyethylene in the Schedule.

[9.4] omitting from paragraph (a) of the Specification for carboxymethyl cellulose ion exchange resin in the Schedule –

does not exceed

substituting –

is no more than

[9.5] omitting from paragraph (b) of the Specification for carboxymethyl cellulose ion exchange resin in the Schedule –

shall not exceed

substituting –

must be no more than

[9.6] omitting from paragraph (a) of the Specification for quaternary amine cellulose ion exchange resin in the Schedule –

does not exceed

substituting –

is no more than

[9.7] omitting from paragraph (b) of the Specification for quaternary amine cellulose ion exchange resin in the Schedule –

shall not exceed

substituting –

must be no more than

[9.8] omitting the words wherever appearing in subparagraph (a)(i) and (ii) of the Specification for diethyl aminoethyl cellulose ion exchange resin in the Schedule –

does not exceed

 substituting –

is no more than

[9.9] omitting from paragraph (b) of  the Specification for diethyl aminoethyl cellulose ion exchange resin in the Schedule –

shall not exceed

substituting –

must be no more than.

[9.10] omitting the Specification for Neotame from the Schedule.

[10] Standard 1.4.1 is varied by omitting from the fourth paragraph of the Purpose –

a separate document to this Standard.

substituting –

the User Guide – Generally Expected Levels (GELs) for Metal Contaminants.

[11] Standard 1.4.2 is varied by –

[11.1] omitting the third paragraph of the Purpose, substituting –

In New Zealand, the maximum residue limits for agricultural compounds are set in a Maximum Residue Limits Standard issued under section 11C of the Food Act 1981.

[11.2] omitting from subclause 4(3) –

must not exceed

substituting

must be no more than

[11.3] omitting from Schedule 1 the chemical residue definition for the chemical appearing in Column 1 of the table to this sub-item, substituting the chemical residue definition appearing in Column 2 –

[11.4] omitting the foods and associated MRLs for each of the following chemicals –

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

[12] Standard 1.4.4 is varied by omitting from Schedule 1 the following entries –

[13] Standard 1.5.2 is varied by inserting in the Table to clause 2 –

[14] Standard 1.6.1 is varied by –

[14.1] omitting from subclause 2(2) –

must not exceed

substituting –

must be no more than

[14.2] omitting from paragraph (b) of clause 5 –

exceeds

substituting –

is more than

[15] Standard 1.6.2 is varied by –

[15.1] omitting the references to clauses 9 and 10 in the Table of Provisions

[15.2] omitting clause 9

[15.3] omitting the Schedule

[16] Standard 2.1.1 is varied by –

[16.1] omitting the Purpose, substituting –

This Standard defines a number of products composed of cereals and qualifies the use of the term ‘bread’.  It also requires the mandatory fortification of wheat flour for making bread with thiamin and folic acid (Australia only) and the mandatory replacement of non-iodised salt with iodised salt in bread in Australia and New Zealand.

[16.2] omitting clause 5, substituting –

5 Mandatory addition of iodised salt to bread

(1) Subclause 1(2) of Standard 1.1.1 does not apply to this clause.

(2) Iodised salt must be used for making bread where salt would otherwise be used.

(3) Subclause (2) does not apply to:

(a)                    bread which is represented as organic;

(b)                   the addition of salt (for example rock salt) to the surface of bread; or

(c)                    the addition of other food containing salt during the making of bread.

[17] Standard 2.2.1 is varied by omitting subclause 9(3), substituting –

(3) Except as specified in subclause (1) and subclause (2), the label on a package of fermented comminuted processed meat must not refer to any heating process, unless the heating process is a cooking instruction for the consumer.

[18] Standard 2.4.1 is varied by –

[18.1] inserting at the end of the definition of edible oils in clause 1 –

including aquatic plants and aquatic animals.

[18.2] inserting in clause 2, following the words other lipids –

including naturally occurring gums, waxes and phosphatides.

[19] Standard 2.5.1 is varied by –

[19.1] inserting in the Table of Provisions –

5 Phytosterol esters

6 Tall oil phytosterols

[19.2] omitting subclause 4(3)

[19.3] omitting from the heading to clause 5 –

Esters

substituting –

esters

[20] Standard 2.5.2 is varied by omitting clause 3 and its corresponding entry in the Table of Provisions

[21] Standard 2.5.3 is varied by –

[21.1] omitting the reference to clause 3 in the Table of Provisions, substituting –

3 Deleted

4 Phytosterol esters

[21.2] omitting clause 3, substituting –

3 Deleted

[21.3] omitting from the heading to clause 4 –

Esters

substituting –

esters

[22] Standard 2.5.4 is varied by omitting clauses 3 and 4 and their corresponding entries in the Table of Provisions.

[23] Standard 2.5.5 is varied by omitting clause 3 and its corresponding entry in the Table of Provisions

[24] Standard 2.5.6 is varied by omitting clause 3 and its corresponding entry in the Table of Provisions

[25] Standard 2.5.7 is varied by omitting clause 4 and its corresponding entry in the Table of Provisions

[26] Standard 2.6.2 is varied by –

[26.1] omitting the definition of Formulated beverage in clause 1, substituting –

formulated beverage means a non-carbonated ready to drink, water-based flavoured beverage that contains added vitamins and/or minerals, prepared from one or more of the following –

(a) water; and

(b) fruit juice; and

(c) fruit purée; and

(d) concentrated fruit juice; and

(e) concentrated fruit purée; and

(f) comminuted fruit; and

(g) orange peel extract; and

(h) mineral water; and

(i) sugars.

[26.2] omitting the heading to the Table to subclause 2(2), substituting –

Table to subclause 2(2)

[26.3] omitting from subclause 6(3) –

may contain:

substituting –

may contain –

[27] Standard 2.9.1 is varied by –

[27.1] omitting the third paragraph of the Purpose, substituting –

There are Guidelines for Infant Formula Products at the end of this Standard.  These Guidelines do not form part of the legally binding Standard.

Standard 1.3.1 contains provisions relating to the food additives permitted in infant formula products.  Standard 1.6.1 contains the microbiological limits in relation to infant formula products.  Standard 1.3.4 contains specifications for permitted nucleotides and added nutrients.  Standard 1.1.1 defines nutritive substances for the purposes of this Code.

See Standard 1.5.1 – Novel Foods for requirements for novel food and novel food ingredients.

[27.2] omitting subclause 1(2), substituting –

(2) In this Code –

infant means a person under the age of 12 months.

infant formula product means a product based on milk or other edible food constituents of animal or plant origin which is nutritionally adequate to serve as the principal liquid source of nourishment for infants.

infant formula means an infant formula product represented as a breast milk substitute for infants and which satisfies the nutritional requirements of infants aged up to four to six months.

follow-on formula means an infant formula product represented as either a breast-milk substitute or replacement for infant formula and which constitutes the principal liquid source of nourishment in a progressively diversified diet for infants aged from six months.

lactose free formula and low lactose formula means infant formula products which satisfy the needs of lactose intolerant infants.

pre-term formula means an infant formula product specifically formulated to satisfy particular needs of infants born prematurely or of low birthweight.

soy-based formula means an infant formula product in which soy protein isolate is the sole source of protein.

medium chain triglycerides means triacylglycerols which contain predominantly the saturated fatty acids designated by 8:0 and 10:0.

protein substitute means L-amino acids and/or the hydrolysate of one or more of the proteins on which infant formula product is normally based.

[27.3] inserting, following the words the total amount of the in paragraph 7(1)(b) –

added and any naturally occurring

[27.4] inserting, following the words the total amount of the in subclause 7(2) –

added and any naturally occurring

[27.5] omitting from Column 1 of the Table to clause 22 –

Cyst(e)ine & Methionine

substituting –

Cysteine, cystine and methionine

[27.6] omitting paragraph 22(2)(a), substituting –

(a) 6 mg of cysteine, cystine or combined cysteine and cystine per 100 kJ; and

[27.7] omitting from Column 1 of the Table to clause 32 –

Cyst(e)ine & Methionine

substituting –

Cysteine, cystine and methionine

[27.8] omitting paragraph 32(3)(a), substituting –

(a) 6 mg of cysteine, cystine or combined cysteine and cystine per 100 kJ; and

[28] Standard 2.9.2 is varied by –

[28.1] omitting the third paragraph of the Purpose, substituting –

General labelling requirements are contained in Part 1.2.  See Standard 1.2.4 – Labelling of Ingredients for ingredient labelling requirements, including for declaration of compound ingredients in foods for infants.  Microbiological requirements are contained in Standard 1.6.1 – Microbiological Limits for Food.

[28.2] omitting the clause heading –

Interpretation

substituting –

1 Interpretation

[28.3] omitting the definition of sugars, substituting –

sugars has the meaning in Standard 2.8.1 and includes honey.

[28.4] omitting the following word from paragraph 5(3)(d) –

exceeds

substituting –

is more than

[28.5] omitting subclause 6(1), substituting –

(1) In this clause, food source of protein means milk, eggs, cheese, fish, meat (including poultry), nuts and legumes.

(1A) Where a reference is made in the label on a package of food for infants (including in the name of the food) to a food source of protein, the percentage of that food source of protein in the final food must be declared in the label.

[28.6] omitting clause 10, substituting –

10 Food in dehydrated or concentrated form

(1) The label on a package of food in dehydrated or concentrated form must include directions for how the food should be reconstituted, and the particulars set out in each column of the panel must be expressed as a proportion of the food as reconstituted according to those directions.

(2) If more than one fluid for preparing the food is nominated in the label, the particulars set out in the column should be adjusted according to the first liquid nominated and the name of this liquid must be included in the Nutrition Information Panel.

[29] Standard 2.9.3 is varied by –

[29.1] omitting the following words wherever appearing in the provisions listed in the Table to this sub-item –

does not exceed

substituting –

is no more than

Table to Sub-item [29.1]

[29.2] omitting from the heading of Column 3 of Table 1 in the Schedule –

ESADDI unless stated otherwise

substituting –

RDI

[29.3] omitting the heading for Division 4, substituting –

Division 4 – Formulated supplementary foods for young children

[30] Standard 2.9.4 is varied by omitting the following words wherever appearing in the provisions listed in the Table to this sub-item –

does not exceed

substituting –

is no more than

Table to Item [30]

[31] Standard 2.10.1 is varied by omitting the definition of vinegar in clause 1, substituting –

vinegar means the sour liquid prepared by acetous fermentation, with or without alcoholic fermentation, of any suitable foodstuff, and includes blends and mixtures of vinegar.

[32] Standard 3.3.1 is varied by –

[32.1] omitting subclause 1(4)

[32.2] inserting a full stop at the end of subclause 3(1)

[33] Standard 4.2.3 is varied by omitting clause 3A.

[34] Standard 4.2.4 is varied by –

[34.1] inserting at the end of paragraph (e) of the definition of dairy products in subclause 1(2) –

and

[34.2] omitting subclause 2(1), substituting –

(1) Deleted

[35] Standard 4.2.4A is varied by inserting the subclause number (1) before the words Cheese and cheese products in clause 1, and inserting after that subclause –

(2) In the Table to clause 1, a reference to a Ministerial Order is a reference a Ministerial Order recorded in the Journal Officiel de la République Française.

[36] Standard 4.5.1 is varied by –

[36.1] inserting after subclause 4(2) –

(3) Thiamin chloride and thiamin hydrochloride may only be added to wine, sparkling wine and fortified wine to facilitate the growth of micro-organisms.

[36.2] omitting the following processing aids from the Table to clause 4 –

Thiamin chloride*

Thiamin hydrochloride*

substituting –

Thiamin chloride

Thiamin hydrochloride

[36.3] omitting the text immediately after the Table to clause 4 –

*Thiamin chloride and thiamin hydrochloride may only be added to wine, sparkling wine and fortified wine to facilitate the growth of micro-organisms