Standard 1.1.1 Structure of the Code and general provisions

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.

Division 1 Preliminary

1.1.1—1 Name

  This Standard is Australia New Zealand Food Standards Code – Standard 1.1.1 – Structure of the Code and general provisions.

 Note Commencement:
This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.

1.1.1—2 Structure of the Code

 (1) All the standards of the Code are read together as a single instrument.

 (2) The standards of the Code are arranged into Chapters, Parts and a set of Schedules as shown below:

 Note  The Chapters cover the following material:

 (a) Chapter 1:

 (i) preliminary material; and

 (ii) provisions that apply to all foods;

 (b) Chapter 2—provisions that apply only to particular foods;

 (c) Chapter 3—food hygiene (applies in Australia only);

 (d) Chapter 4—the primary production and processing of food (applies in Australia only);

  Schedules 1 to 29 follow Chapter 4.

 Chapter 1 Introduction and standards that apply to all foods

 Part 1.1 Preliminary

 Standard 1.1.1 Structure of the Code and general provisions

 Standard 1.1.2 Definitions used throughout the Code

 Part 1.2 Labelling and other information requirements

 Standard 1.2.1 Requirements to have labels or otherwise provide information

 Standard 1.2.2 Information requirements – food identification

 Standard 1.2.3 Information requirements – warning statements, advisory statements and declarations

 Standard 1.2.4  Information requirements – statement of ingredients

 Standard 1.2.5 Information requirements – date marking of food for sale

 Standard 1.2.6 Information requirements – directions for use and storage

 Standard 1.2.7 Nutrition, health and related claims

 Standard 1.2.8 Nutrition information requirements

 Note There is no Standard 1.2.9

 Standard 1.2.10 Information requirements – characterising ingredients and components of food

 Part 1.3 Substances added to or present in food

 Standard 1.3.1 Food additives

 Standard 1.3.2 Vitamins and minerals

 Standard 1.3.3 Processing aids

 Part 1.4 Contaminants and residues

 Standard 1.4.1 Contaminants and natural toxicants

 Standard 1.4.2 Agvet chemicals

 Note  Applies in Australia only

 Note There is no Standard 1.4.3

 Standard 1.4.4 Prohibited and restricted plants and fungi

 Part 1.5 Foods requiring pre-market clearance

 Standard 1.5.1 Novel foods

 Standard 1.5.2 Food produced using gene technology

 Standard 1.5.3 Irradiation of food

 Part 1.6 Microbiological limits and processing requirements

 Standard 1.6.1 Microbiological limits in food

 Standard 1.6.2 Processing requirements for meat

 Note  Applies in Australia only

 Chapter 2 Food standards

 Part 2.1 Cereals

 Standard 2.1.1 Cereal and cereal products

 Part 2.2 Meat, eggs and fish

 Standard 2.2.1 Meat and meat products

 Standard 2.2.2 Eggs and egg products

 Standard 2.2.3 Fish and fish products

 Part 2.3 Fruit and vegetables

 Standard 2.3.1 Fruit and vegetables

 Standard 2.3.2 Jam

 Part 2.4 Edible oils

 Standard 2.4.1 Edible oils

 Standard 2.4.2 Edible oil spreads

 Part 2.5 Dairy products

 Standard 2.5.1 Milk

 Standard 2.5.2 Cream

 Standard 2.5.3 Fermented milk products

 Standard 2.5.4 Cheese

 Standard 2.5.5 Butter

 Standard 2.5.6 Ice cream

 Standard 2.5.7 Dried milk, evaporated milk and condensed milk

 Part 2.6 Non-alcoholic beverages

 Standard 2.6.1 Fruit juice and vegetable juice

 Standard 2.6.2 Non-alcoholic beverages and brewed soft drinks

 Standard 2.6.3 Kava

 Standard 2.6.4 Formulated caffeinated beverages

 Part 2.7 Alcoholic beverages

 Standard 2.7.1 Labelling of alcoholic beverages and food containing alcohol

 Standard 2.7.2 Beer

 Standard 2.7.3 Fruit wine, vegetable wine and mead

 Standard 2.7.4 Wine and wine product

 Standard 2.7.5 Spirits

 Part 2.8 Sugars and honey

 Standard 2.8.1 Sugar and sugar products

 Standard 2.8.2 Honey

 Part 2.9 Special purpose foods

 Standard 2.9.1 Infant formula products

 Standard 2.9.2 Food for infants

 Standard 2.9.3 Formulated meal replacements and formulated supplementary foods

 Standard 2.9.4 Formulated supplementary sports foods

 Standard 2.9.5 Food for special medical purposes

 Standard 2.9.6 Transitional standard for special purpose foods (including amino acid modified foods)

 Note  Applies in New Zealand only

 Part 2.10 Standards for other foods

 Standard 2.10.1 Vinegar and related products

 Standard 2.10.2 Salt and salt products

 Standard 2.10.3 Chewing gum

 Standard 2.10.4 Miscellaneous standards for other foods

 Chapter 3 Food safety standards

 Note  Applies in Australia only

 Standard 3.1.1 Interpretation and Application

 Standard 3.2.1 Food Safety Programs

 Standard 3.2.2 Food Safety Practices and General Requirements

 Standard 3.2.3 Food Premises and Equipment

 Standard 3.3.1 Food Safety Programs for Food Service to Vulnerable Persons

 Chapter 4 Primary production standards

 Note  Applies in Australia only

 Standard 4.1.1 Primary Production and Processing Standards – Preliminary Provisions

 Standard 4.2.1 Primary Production and Processing Standard for Seafood

 Standard 4.2.2 Primary Production and Processing Standard for Poultry Meat

 Standard 4.2.3 Primary Production and Processing Standard for Meat

 Standard 4.2.4 Primary Production and Processing Standard for Dairy Products

 Standard 4.2.5 Primary Production and Processing Standard for Eggs and Egg Product

 Standard 4.2.6 Production and Processing Standard for Seed Sprouts

 Standard 4.5.1 Wine Production Requirements

 Schedules

 Schedule 1 RDIs and ESADDIs

 Schedule 2 Units of measurement

 Schedule 3 Identity and purity

 Schedule 4 Nutrition, health and related claims

 Schedule 5 Nutrient profiling scoring method

 Schedule 6 Required elements of a systematic review

 Schedule 7 Food additive class names (for statement of ingredients)

 Schedule 8 Food additive names and code numbers (for statement of ingredients)

 Schedule 9 Mandatory advisory statements and declarations

 Schedule 10 Generic names of ingredients and conditions for their use

 Schedule 11 Calculation of values for nutrition information panel

 Schedule 12 Nutrition information panels

 Schedule 13 Nutrition information required for food in small packages

 Schedule 14 Technological purposes performed by substances used as food additives

 Schedule 15 Substances that may be used as food additives

 Schedule 16 Types of substances that may be used as food additives

 Schedule 17 Vitamins and minerals

 Schedule 18 Processing aids

 Schedule 19 Maximum levels of contaminants and natural toxicants

 Schedule 20 Maximum residue limits

 Note  Applies in Australia only

 Schedule 21 Extraneous residue limits

 Note  Applies in Australia only

 Schedule 22 Foods and classes of foods 

 Schedule 23 Prohibited plants and fungi

 Schedule 24 Restricted plants and fungi

 Schedule 25 Permitted novel foods

 Schedule 26 Food produced using gene technology

 Schedule 27 Microbiological limits in food

 Schedule 28 Formulated caffeinated beverages

 Schedule 29 Special purpose foods

Division 2 Application and interpretation

Note Definitions that are used throughout the Code are contained in Standard 1.1.2.

1.1.1—3 Application of Code

 (1) Unless this Code provides otherwise, this Code applies to food that is:

 (a) sold, processed or handled for sale in Australia or New Zealand; or

 (b) imported into Australia or New Zealand.
 

 Note 1 The following provisions have not been incorporated by reference into a food standard under the Food Act 2014 (NZ):

 (i) Standard 1.4.2 (agvet chemicals);

 (ii) Standard 1.6.2 (processing requirements for meat);

 (iii) section 2.1.1—5 (requirement for folic acid and thiamin in bread);

 (iv) section 2.2.1—12 (bovine must be free from bovine spongiform encephalopathy);

 (v) Standard 2.2.2 (eggs);

 (vi) subsection 2.4.2—3(2) and subsection 2.4.2—3(4) (requirement for food sold as table edible oil spreads and table margarine);

 (vii) Chapter 3 (food safety standards) and Chapter 4 (primary production and processing standards).
 

 Note 2 Standard 2.9.6 (Transitional standard for special purpose foods (including amino acid modified foods)) does not apply in Australia.

 (2) Subsection (1) does not apply to wine that:

 (a) has a shelf life of more than 12 months; and

 (b) was bottled before 20 December 2002; and

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

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

1.1.1—4 Application of interpretation legislation

  This Code is to be interpreted in accordance with the rules of interpretation:

 (a) in Australia—the Acts Interpretation Act 1901 (Cth); and

 (b) in New Zealand—the Interpretation Act 1999 (NZ).

1.1.1—5 References to other instruments

 (1) In this Code:

 (a) a reference to an Act, including an Act of a State or Territory or of New Zealand, includes any instruments made under that Act; and

 (b) a reference to the Code of Federal Regulations, or CFR, is a reference to the 2014 compilation of the United States Code of Federal Regulations.

 Note  In this Code, the Code of Federal Regulations is cited in the following format:

  [title number] CFR § [section number]

 (2) Guidelines developed by FSANZ in accordance with paragraph 13(1)(c) of the FSANZ Act are to assist in the interpretation of this Code and are not legally binding.

1.1.1—6 How average quantity is to be calculated

 (1) This section applies where this Code requires an *average quantity of a substance to be declared in the labelling of a food for sale, whether as a percentage or as the amount of the substance in a serving or other amount of the food.

 Note The term average quantity is defined in section 1.1.2—2.

 Example The Code requires the ‘average quantity’ of a variety of substances to be listed in the nutrition information about a food for sale, for example protein, carbohydrate and sugars.

 (2) The *average quantity is to be calculated by the manufacturer or producer using whichever of the methods in subsection (3) the manufacturer or producer considers to best represent the average quantity, taking into account any factors that would cause the actual amount of the substance in the food to vary from lot to lot, including seasonal variability.

 (3) The methods are:

 (a) the amount that the manufacturer or producer of the food determines, based on an analysis, to be the average amount of the substance in a serving or other amount of the food; or

 (b) the calculation of the actual amount of the substance, or the calculation of the average amount of the substance, in the ingredients used for the food; or

 (c) the calculation from generally accepted data relevant to that food.

1.1.1—7 Units of measurement

 (1) A symbol of measurement used in this Code has the meaning assigned to it by the table in Schedule 2.

 (2) If a symbol is not assigned a meaning by the table, it has the meaning assigned to it:

 (a) in Australia—by the National Measurement Act 1960 (Cth); or

 (b) in New Zealand—by the Weights and Measures Act 1987 (NZ).

 (3) If a symbol is not assigned a meaning by the table or subsection (2), it has the meaning assigned to the symbol by the Systeme Internationale d’Unités.

 (4) Where a unit of measurement is referred to in the heading of a table in this Code, the amounts specified in the table are to be measured according to those units unless a different unit of measurement is specified in relation to a particular item in the table.

1.1.1—8 Compliance with requirements for mandatory statements or words

 (1) If a provision of this Code requires a warning statement or specific words to be used, the warning statement or words must be expressed in the words set out in this Code without modification.

 (2) If a provision of this Code requires a statement other than a warning statement to be used:

 (a) that statement may be modified; and

 (b) any modification must not contradict or detract from the effect of the statement.

 

Division 3 Effect of variations to Code

1.1.1—9 Effect of variations to Code

 (1) Unless this Code, or an instrument varying this Code, provides otherwise, if:

 (a) this Code is varied; and

 (b) a food was compliant for a kind of sale immediately before the variation commenced;

  the food is taken to be compliant for that kind of sale for a period of 12 months beginning on the date of the variation.

 (2) In this section, a food is compliant for a kind of sale if:

 (a) when a labelling requirement of this Code applies to the kind of sale—the labelling of the food complies with the requirement; and

 (b) when a packaging requirement of this Code applies to the kind of sale—the packaging of the food complies with the requirement; and

 (c) the food complies with any provisions of this Code relating to the composition of food of that kind.

Division 4 Basic requirements

Note 1 In Australia, the Code is enforced under application Acts in each State and Territory, and under Commonwealth legislation dealing with imported food. In outline, this scheme operates as follows:

 (1) The application Acts comprise a uniform legislative scheme based on Model Food Provisions that are annexed to the Food Regulation Agreement, an agreement between the Commonwealth, States and Territories. Under those Acts, a person:

 (a) must comply with any requirement imposed on the person by a provision of this Code in relation to:

 (i) the conduct of a food business; or

 (ii) food intended for sale; or

 (iii) food for sale; and

 (b) must not sell any food that does not comply with any requirement of this Code that relates to the food; and

 (c) must not sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of this Code; and

 (d) must not sell or advertise for sale any food in a manner that contravenes a provision of this Code; and

 (e) must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.

 (2) For paragraph (1)(e), food is falsely described if:

 (a) it is represented as being of a particular nature or substance; and

 (b) the Code provides a prescribed standard for such food; and

 (c) the food does not comply with the prescribed standard.

 (3) The relevant Acts are:

 (a) Food Act 2003 (New South Wales)

 (b) Food Act 1984 (Victoria)

 (c) Food Act 2006 (Queensland)

 (d) Food Act 2008 (Western Australia)

 (e) Food Act 2001 (South Australia)

 (f) Food Act 2003 (Tasmania)

 (g) Food Act 2001 (Australian Capital Territory)

 (h) Food Act 2004 (Northern Territory).

 (4) Under the Imported Food Control Act 1992 (Cth), a person is prohibited from:

 (a) importing into Australia food that does not meet applicable standards of this Code, other than those relating to information on labels of packaged food; and

 (b) dealing with imported food that does not meet applicable standards relating to information on labels of packaged food.

Note 2 In New Zealand, under the Food Act 2014 (NZ) a person commits an offence if the person breaches or fails to comply with:

 (a) a requirement in an adopted joint food standard or a domestic food standard;

 (b) 

1.1.1—10 Requirements relating to food for sale

 (1) This section applies in relation to food for sale.

Compositional requirements

 (2) Subject to this section, food for sale may consist of, or have as an ingredient, any food.

 (3) Food for sale must comply with any provisions of this Code relating to the composition of food of that kind (including provisions relating to the presence of other substances in food of that kind).

 (4) Where a compositional requirement permits the use of ‘other foods’ or ‘other ingredients’ as ingredients, the permission does not extend to the addition of a food or a substance that is otherwise not permitted to be added to food, or to the specified food, under this Code.

 (5) Unless expressly permitted by this Code, food for sale must not be any of the following:

 (a) a *prohibited plant or fungus, a *restricted plant or fungus, or coca bush;

 (b) if the food is for retail salea *novel food;

 (c) a *food produced using gene technology;

 (d) a food that has been irradiated;

 (e) kava or any substance derived from kava;

  (f) if the food is for retail sale—raw apricot kernels;

  (g) if the food is for retail sale—a food in which caffeine is present at a concentration of:

                                               (i)       5% or greater—if the food is a solid or semi-solid food; and

                                               (ii)      1% or greater—if the food is a liquid food.

 (6) Unless expressly permitted by this Code, food for sale must not have as an ingredient or a component, any of the following:

 (a) a substance that was *used as a food additive;

 (b) a substance that was *used as a nutritive substance;

 (c) a substance that was *used as a processing aid;

 (d) in Australiaa detectable amount of:

 (i) an *agvet chemical; or

 (ii) a metabolite or degradation product of an agvet chemical;

 (e) a *prohibited plant or fungus, a *restricted plant or fungus, or coca bush;

 (f) if the food is for retail salea *novel food;

 (g) a *food produced using gene technology;

 (h) a food that has been irradiated;

 (i) kava or any substance derived from kava;

 (j) raw apricot kernels.

 Note 1 Relevant permissions for subsections (5) and (6) are contained in various standards. See in particular:

  food additives—Standard 1.3.1;

  nutritive substances—Standard 1.3.2, Standard 2.6.2, Standard 2.9.1, Standard 2.9.2, Standard 2.9.3, Standard 2.9.4, and Standard 2.9.5;

  processing aids—Standard 1.3.3;

  agvet chemical residues—Standard 1.4.2;

  prohibited plants and fungi—Standard 1.4.4;

  novel foods—Standard 1.5.1;

  food produced using gene technology—Standard 1.5.2;

  irradiated food—Standard 1.5.3;

  kava—Standard 2.6.3.

 Note 2 There is an overlap between some of these categories. For example, some substances may be used as a food additive or as a nutritive substance. For such substances, there will be different provisions permitting use of the substance for different purposes.

 Note 3 In some cases, a provision refers to the total amount of a substance added to a food. In these cases, the total amount applies irrespective of whether the substance was used as a food additive, used as a processing aid or used as a nutritive substance.

 Note 4 Relevant permissions for raw apricot kernels are contained in Standard 1.4.4.

 (7) Subsection (6) does not apply to a substance that is in a food for sale, or in an ingredient of a food for sale, by natural occurrence.

Labelling requirements

 (8) If a labelling requirement of this Code applies to the sale of food, the labelling must comply with the requirement.

Information requirements

 (9) If an information requirement of this Code applies to the sale of food, the information must be provided as required.

Packaging requirements

 (10) If a packaging requirement of this Code applies to the sale of food, the packaging must comply with the requirement.

 (11) Any packaging, and any article or material in the packaging or in contact with the food, must not, if taken into the mouth:

 (a) be capable of being swallowed or obstructing any alimentary or respiratory passage; or

 (b) be otherwise likely to cause bodily harm, distress or discomfort.

 Example  Articles or materials include any materials in contact with food, including packaging materials that contain other items such as moisture absorbers, mould inhibitors, oxygen absorbers, promotional materials, writing or other graphics.

1.1.1—11 Microbiological requirements for lot of a food

  A *lot of a food must not have an unacceptable level of microorganisms as determined in accordance with Standard 1.6.1.

 Note For the meaning of lot, see section 1.1.2—2.

1.1.1—12 Applicable standards for importation of food

 (1) The provisions of this Code relating to labelling are applicable to food that is imported with the labelling with which it is intended to be sold.

 (2) The provisions of this Code relating to packaging are applicable to food that is imported in the packaging in which it is intended to be sold.

 (3) The provisions of this Code, other than those relating to packaging and labelling, are applicable to food that is imported.

 Note This provision is relevant to the Imported Food Control Act 1992 (Cth), and the provisions of the Food Act 2014 (NZ) that relate to importation of food.

1.1.1—13 Food sold with a specified name or representation

 (1) This section applies where a provision of this Code that provides that a food that is sold as a named food, whether or not the name is in quotation marks, must satisfy certain requirements (usually that the food being sold must satisfy the definition of the food in this Code).

 Example The provisions in Chapter 2 headed ‘Requirement for food sold as …’, e.g.

    2.1.1—3 Requirement for food sold as bread
    A food that is sold as bread must be bread.

    In this example bread is the food and is not in quotation marks.

 (2) If the provision specifies the name of the food in quotation marks, any requirement that must be satisfied applies only if that name is used in connection with the sale.

 Note  The foods to which a requirement that must be satisfied applies only if the name of the food is used include: butter, chocolate, cider, cocoa, coffee, cream, decaffeinated coffee, decaffeinated instant coffee, decaffeinated instant tea, decaffeinated soluble tea, gelatine, ice cream, imitation vinegar, instant tea, iodised reduced sodium salt mixture, iodised salt, margarine, mead, milk, peanut butter, perry, processed cheese, salt, skim milk, soluble coffee, soluble tea, table margarine, tea, vinegar, white sugar, wholegrain, wholemeal and yoghurt. These are foods that are identified in quotation marks in provisions to which subsection (1) applies.

 Example A cocoa-based confectionery that is not sold as a chocolate confectionery; or a water-based beverage that contains fruit but is not sold as fruit juice, need not satisfy a requirement about chocolate or fruit juice.

 (3) If the provision specifies the name of the food without quotation marks, any requirement that must be satisfied applies to any sale in which a purchaser is likely to assume that the food being sold was the food.

 Note A requirement that must be satisfied applies to any sale in which a purchaser is likely to assume that the food being sold is, for example: ale, beer, brandy, bread, cheese, condensed skim milk, condensed whole milk, dried skim milk, dried whole milk, edible oil spread, electrolyte drink, electrolyte drink mix, evaporated skim milk, evaporated whole milk, fermented milk, fruit drink, fruit juice, fruit wine, fruit wine product, jam, lager, liqueur, meat pie, pilsener, porter, sausage, spirit, stout, table edible oil spread, vegetable juice, vegetable wine, vegetable wine product, wine and wine product. These are foods that are not identified in quotation marks in provisions to which subsection (1) applies. Use of the name could be an element of a representation about the identity of the food.

 Example 1 Bread sold as sourdough; a cheese or processed cheese sold as cheddar or processed cheddar; or a sausage sold as bratwurst. Jam may be sold as conserve.

 Example 2 Steak pie or lamb pie must contain no less than 250 g/kg of meat flesh.

   (4) If a food name is used in connection with the sale of a food (for example in the labelling), the sale is taken to be a sale of the food as the named food unless the context makes it clear that this is not the intention.

 Examples Section 2.7.2—3, relating to beer, does not prevent the use of ‘ginger beer’ in relation to the soft drink. Such a product is not beer for the purposes of the Code.

  Section 2.1.1—3, relating to ‘bread’, does not prevent the use of ‘shortbread’ or ‘crispbread’ in relation to those foods, or ‘unleavened bread’ to describe the food made without the yeast that would be required for it to be sold as ‘bread’. Those products are not bread for the purposes of the Code.

  The context within which foods such as soy milk or soy ice cream are sold is indicated by use of the name soy; indicating that the product is not a dairy product to which a dairy standard applies.

1.1.1—14 Other requirements relating to food

Requirements for handling of food

 (1) If this Code sets requirements for the handling of food, the food must be handled in accordance with those requirements.

 Note This subsection relates to requirements in Chapter 3 and has application in Australia only.

Requirements for record-keeping

 (2) If this Code sets requirements for record-keeping in relation to food, those requirements must be complied with.

1.1.1—15 Identity and purity

 (1) This section applies to the following substances when added to food in accordance with this Code, or sold for use in food:

 (a) a substance that is *used as a food additive;

 (b) a substance that is *used as a processing aid;

 (c) a substance that is *used as a nutritive substance;

 (d) a *novel food.

 (2) The substance must comply with any relevant specification set out in Schedule 3.

1.1.1—16 Use of asterisks to identify terms defined in subsection 1.1.2—2(3)

 (1) Many of the terms in this Code are defined in subsection 1.1.2—2(3).

 (2) Most of the terms that are defined in subsection 1.1.2—2(3) are identified by an asterisk appearing at the start of the term: as in ‘*carbohydrate’.

 (3) An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked.

 (4) Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams.

 (5)  If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.

 (6) The following basic terms used throughout the Code are not identified with an asterisk:

Terms defined in subsection 1.1.2—2(3) that are not identified with asterisks

Item

Term

1

claim

2

Code

3

fat

4

food

5

food additive

6

fruit

7

infant

8

label

9

labelling

10

nutrition content claim

11

package

12

serving

13

statement of ingredients

14

sugars

____________________


Application, saving and transitional provisions

The table below details information on application, saving or transitional provisions in instruments affecting this Standard.

 

Food Standards (Proposal P1044 Plain English Allergen Labelling) Variation

Instrument items affected

A’ment No.

FRLI registration

Gazette

Instrument’s transitional provision

Description of transitional arrangement

Item [1] of the Schedule

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

Clause 4

 

Clause 4 a transitional arrangement for variations to the Code made by Item [1] of the Schedule.

 

The transition period is the period of time that commences on 25 February 2021 and ends on 25 February 2024.

 

The post-transition period is the period of time that commences 26 February 2024 and ends on 26 February 2026.

 

Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations.

 

Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following:

 

(a)      the Code as in force without the above variations;

(b)      the Code as amended by the above variations.

 

Subclause 4(3) provides that a food product packaged and labelled before the end of the transition period may be sold during the post-transition period if the product complies with one of the following:

 

(a)      the Code as in force without the above variations;

(b)      the Code as amended by the above variations.

 

 

 

 

 

 

 

 

 

 

 

Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

 

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

 

About this compilation

 

This is compilation No. 8 of Standard 1.1.1 as in force on 25 February 2021 (up to Amendment No.197). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 1 March 2021

 

Uncommenced amendments or provisions ceasing to have effect

 

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislation including or omitting those amendments and provided in the Amendment History once the date is passed.

 

 

The following abbreviations may be used in the table below:

 

ad = added or inserted am = amended

exp = expired or ceased to have effect rep = repealed

rs = repealed and substituted

 

Standard 1.1.1 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00383 –- 31 March 2015) and has since been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

1.1.1—2(2)

157

F2015L01391

1 Sept 2015

FSC99

3 Sept 2015

1 March 2016

 

am

Insertion of reference to new Standard 1.2.12.

1.1.1—2(2)

157

F2015L01374

1 Sept 2015

FSC99

3 Sept 2015

1 March 2016

 

am

Corrections to names of standards.

1.1.1—2(2)

161

F2016L00120

18 Feb 2016

FSC103

22 Feb 2016

(19 Jan 2017)

 

rep

Reference to Standard 1.2.12.

1.1.1—2(2)

165

F2016L01367

30 Aug 2016

FSC107

1 Sept  2016

(1 July 2018)

rep

Reference to Standard 1.2.11.

 

Note to 1.1.1—2(2)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

13 April 2017

 

rs

To remove reference to Chapter 5.

1.1.1—2(2)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

 

13 April 2017

 

rs

To remove reference to Standard 4.2.4A and Chapter 5.

1.1.1—3(1)

165

F2016L01367

30 Aug 2016

FSC107

1 Sept  2016

 

(1 July 2018)

rs

Note 1 to subsection to remove reference to Standard 1.2.11.

 

1.1.1—6(1)

172

F2017L01142

6 Sept 2017

FSC114

7 Sept  2017

 

7 Sept 2017

am

Correction to typographical error.

1.1.1—6(2)

172

F2017L01142

6 Sept 2017

FSC114

7 Sept  2017

 

7 Sept 2017

am

Correction to typographical error.

1.1.1—10(5)

159

F2015L01913

2 Dec 2015

FSC101

7 Dec 2015

1 March 2016

 

ad

New paragraph (f) relating to raw apricot kernels.

1.1.1—10(6)

159

F2015L01913

2 Dec 2015

FSC101

7 Dec 2015

 

1 March 2016

 

ad

New paragraph (i) and Note 4 following the subsection relating to raw apricot kernels.

1.1.1—11

172

F2017L01142

6 Sept 2017

FSC114

7 Sept  2017

 

7 Sept 2017

am

Correction to typographical error.

1.1.1—13

157

F2015L01374

1 Sept 2015

FSC99

3 Sept 2015

 

1 March 2016

 

am

Correction of numbering errors in the notes and examples.

1.1.1—2(2)

182

F2018L01594

23 Nov 2018

FSC123

29 Nov 2018

29 Nov 2018

am

Omit note under Schedule 22

1.1.1—10(5)(f)

189

F2019L01607

11 Dec 2019

FSANZ Notification Circular 105-19 (Urgent Proposal)

12 Dec 2019

 

12 Dec 2019

am

Omitting and substituting paragraph 10(5)(f)

1.1.1—2(2)

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

am

Omitting the words ‘Mandatory advisory statements’ from subsection 1.1.1—2(2) and substituting ‘Mandatory advisory statements and declarations’

 

For application, saving and transitional provisions, see above table.