Australia New Zealand Food Standards Code – Schedule 9 – Mandatory advisory statements (Cth)

Schedule 9                   Mandatory advisory statements and declarations

Note 1This 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.

Standard 1.2.3 is a standard for the information requirements relating to warning statements, advisory statements, and declarations. Standard 2.9.5 contains similar information requirements for food for special medical purposes. This Standard lists mandatory advisory statements for subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a); and mandatory declarations for subsection 1.2.3—4(1).

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.

S9—1                  Name

This Standard is Australia New Zealand Food Standards Code – Schedule 9 – Mandatory advisory statements and declarations.

NoteCommencement:
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.

S9—2                  Mandatory advisory statements

For subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a), the table is:

Mandatory advisory statements

Item		Column 1	Column 2
Food	Advisory statement indicating that …
1		(a)    Bee pollen. (b)    A food containing bee pollen as an ingredient.	the product contains bee pollen which can cause severe allergic reactions.
2		(a)    A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains less than 3% m/m protein. (b)    An evaporated or dried product made from cereals, nuts, or seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains less than 3% m/m protein.	the product is not suitable as a complete milk replacement for children under 5 years.
3		(a)    A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains: (i)     no less than 3% m/m protein; and (ii)    no more than 2.5% m/m fat. (b)    An evaporated or dried product made from cereals, nuts, seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains: (i)     no less than 3% m/m protein; and (ii)    no more than 2.5% m/m fat (c)    Milk, or an analogue beverage made from soy, that contains no more than 2.5% m/m fat. (d)    Evaporated milk, dried milk, or an equivalent product made from soy, that, when reconstituted as a beverage according to directions for direct consumption, contains no more than 2.5% m/m fat.	the product is not suitable as a complete milk replacement for children under 2 years.
4		A food that contains aspartame or aspartame-acesulphame salt.	the food contains phenylalanine.
5		A food that contains quinine.	the food contains quinine.
6		A food that contains guarana or extracts of guarana.	the food contains caffeine.
7	A food that contains added phytosterols, phytostanols or their esters.		(a)    when consuming this product, it should be consumed as part of a healthy diet; and (b)    the product may not be suitable for children under 5 years and pregnant or lactating women; and (c)    plant sterols do not provide additional benefits when consumed in excess of 3 grams per day.
8	(a)    A cola beverage that contains added caffeine. (b)    A food that contains a cola beverage that also contains added caffeine as an ingredient.		the product contains caffeine.
9	(a)    Propolis. (b)    A food that contains propolis as an ingredient.		the product contains propolis which can cause severe allergic reactions.
10	Unpasteurised egg products.		the product is unpasteurised.
11	(a)    Unpasteurised milk. (b)    Unpasteurised liquid milk products.		the product has not been pasteurised.

S9—3                  Mandatory declarations

(1)     For Division 3 of Standard 1.2.3, a reference to the table to section S9—3 is a reference to the table to subsection (3).

(2)     For the purposes of the table to subsection (3):

(a)the definition of fish in subsection 1.1.2—3(2) does not apply; and

(b)fish excludes crustacea and molluscs; and

(c)mollusc means a marine mollusc.

(3)     The table to this subsection is:

Mandatory declarations

Item	Column 1	Column 2	Column 3	Column 4
Food	Exemption	Required name for declarations in a statement of ingredients	Required name for other declarations
1	added sulphites in concentrations of 10 mg/kg or more	sulphites	sulphites
2	Any of the following cereals (including hybridised strains thereof) if they contain *gluten:	the cereal or its hybridised strain that is present in beer or spirits
barley	barley	gluten
oats	oats	gluten
rye	rye	gluten
3	wheat (including its hybridised strain) irrespective of whether it contains gluten	(a)  the wheat or its hybridised strain that is present in beer or spirits; (b)  glucose syrups made from wheat starch and that: (i)    have been subject to a refining process that has removed gluten protein content to the lowest level that is reasonably achievable; and (ii)   have a gluten protein content that does not exceed 20 mg/kg; (c)  alcohol distilled from wheat.	wheat	(a) wheat; and (b) if gluten is present - gluten.
4	Any of the following tree nuts:
almond	almond	almond
Brazil nut	Brazil nut	Brazil nut
cashew	cashew	cashew
hazelnut	hazelnut	hazelnut
macadamia	macadamia	macadamia
pecan	pecan	pecan
pine nut	pine nut	pine nut
pistachio	pistachio	pistachio
walnut	walnut	walnut
5	crustacea	crustacean	crustacean
6	egg	egg	egg
7	fish	isinglass derived from fish swim bladders and used as a clarifying agent in beer or wine	fish	fish
8	lupin	lupin	lupin
9	milk	alcohol distilled from whey	milk	milk
10	mollusc	mollusc	mollusc
11	peanut	peanut	peanut
12	sesame seed	sesame	sesame
13	soybean	(a)  soybean oil that has been degummed, neutralised, bleached and deodorised; (b)  soybean derivatives that are tocopherol or phytosterol.	soy, soya or soybean	soy

____________________

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.	FRL registration Gazette	Instrument’s transitional provision	Description of transitional arrangement
Item [6] 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 [6.1], [6.2], [6.3] and [6.4] 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 Schedule. 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. 2 of Schedule 9 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 Schedule 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

Schedule 9 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00479 –- 2 April 2015) and has since been amended as follows:

Section affected	A’ment No.	FRL registration Gazette	Commencement (Cessation)	How affected	Description of amendment
table to S9—2	161	F2016L00115 17 Feb 2016 FSC103 22 Feb 2016	1 Sept 2016	rs	Items 2 and 3 to include permissions for products made from nuts and seeds.
S9	197	F2021L00145 24 Feb 2021 FSC138 25 Feb 2021	25 Feb 2021	am	Amendment to S9 heading to include ‘declarations’ For application, saving and transitional provisions, see above table
S9—3	197	F2021L00145 24 Feb 2021 FSC138 25 Feb 2021	25 Feb 2021	ad	Inserting S9—3 ‘Mandatory declarations’ For application, saving and transitional provisions, see above table