Australia New Zealand Food Standards Code Amendment No. 64 2002 (Cth)

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 -

Quinine
Mixed alcoholic drinks not elsewhere classified	300
Tonic drinks, bitter drinks and quinine drinks	100
Wine based drinks and reduced alcohol wines	300

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 -

Ethylene Oxide

This permission ceases to have effect on 30 September 2003.

This permission is an Australia Only Standard

Subclauses 1(2), 1(3) and 1(4) of Standard 1.1.1 do not apply to this permission

Sterilisation of herbs, spices, and dried vegetables used as seasonings – herbs, spices, and dried vegetables used as seasonings sterilised by the application of ethylene oxide may only be sold or imported into Australia 21 days after such sterilisation

20

[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

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.

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.

Standard 1.2.3 is varied by -

[5.1] omitting clause 1, substituting -

1 Deleted

[5.2] omitting from the Table to clause 2 -

Unpasteurised milk and liquid milk products

substituting -

Unpasteurised milk and unpasteurised liquid milk products

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

Bee pollen	Statement to the effect that the product contains bee pollen which can cause severe allergic reactions
Propolis	Statement to the effect that the product contains propolis which can cause severe allergic reactions

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

Royal jelly when presented as a food; or

Food containing royal jelly as an ingredient as defined in Standard 1.2.4

This product contains royal jelly which has been reported to cause severe allergic reactions and in rare cases, fatalities, especially in asthma and allergy sufferers

[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 -

Nuts and sesame seeds and their products

substituting

Tree nuts and sesame seeds and their products

[5.7] omitting from the Table to clause 4 -

Royal jelly presented as a food or royal jelly present in a food

Bee pollen

Propolis

[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.

Standard 1.2.4 is varied by -

[6.1] omitting from the Table to clause 4 -

cereals Where the cereal is wheat, rye, barley, oats or spelt then the specific name of the cereal must be declared.

substituting

cereals Where the cereal is wheat, rye, barley, oats or spelt or their hybridised strains then the specific name of the cereal must be declared.

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

Butane

-

substituting

Butane

943a

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

Distarch phosphate or Distarch phosphate esterified with sodium trimetaphosphate; esterified with phosphorous oxychloride

1412

substituting

Distarch phosphate

1412

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

Isobutane

-

substituting

Isobutane

943b

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

L-cystine monohydrochloride

920

substituting

L-cysteine monohydrochloride

920

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

Neotame

-

substituting

Neotame

961

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

Octafluorocyclobutane

-

substituting

Octafluorocyclobutane

946

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

Propane

-

substituting

Propane

944

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

Starch acetate esterified with acetic anhydride

1420

substituting

Starch acetate

1420

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.

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 -

chutneys, low joule jam and low joule spread

substituting

low joule chutneys, low joule jams and low joule spreads

[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 -

custard mix, custard powder, blanc mange powder and jelly

substituting

custard mix, custard powder and blanc mange powder

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

jelly
123	Amaranth	300	mg/kg
950	Acesulphame potassium	500	mg/kg
956	Alitame	100	mg/kg

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

-	Butane (for pressurised food containers only)

substituting

943a	Butane (for pressurised food containers only)

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

-	Isobutane (for pressurised food containers only)

substituting

943b	Isobutane (for pressurised food containers only)

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

-	Neotame (technological use consistent with clause 4 only)

substituting

961	Neotame (technological use consistent with clause 4 only)

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

-	Octafluorocyclobutane (for pressurised food containers only)

substituting

946	Octafluorocyclobutane (for pressurised food containers only)

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

-	Propane (for pressurised food containers only)

substituting

944	Propane (for pressurised food containers only)

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

1420	Starch acetate (esterified with acetic anhydride)

substituting

1420	Starch acetate

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

White bread, brown bread, wholemeal bread, rye bread

substituting

Bread

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 -

Ethylene Oxide

This permission ceases to have effect on 30 September 2003.

This permission is an Australia Only Standard.

Subclauses 1(2), 1(3) and 1(4) of Standard 1.1.1 do not apply to this permission

Sterilisation of herbs, spices, and dried vegetables used as seasonings – herbs, spices, and dried vegetables used as seasonings sterilised by the application of ethylene oxide may only be sold or imported into Australia 21 days after such sterilisation

20

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

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

FEBANTEL

FEBANTEL

[11.2] inserting in Schedule 1 -

ETHAMETSULFURON METHYL
ETHAMETSULFURON METHYL
EDIBLE OFFAL (MAMMALIAN)	T*0.02
EGGS	T*0.02
LUPIN (DRY)	T*0.02
MEAT (MAMMALIAN)	T*0.02
MILKS	T*0.02
POULTRY, EDIBLE OFFAL OF	T*0.02
POULTRY MEAT	T*0.02
FLUTOLANIL
COMMODITIES OF PLANT ORIGIN: FLUTOLANIL COMMODITIES OF ANIMAL ORIGIN: FLUTOLANIL AND METABOLITES HYDROLYSED TO 2-TRIFLUOROMETHYL-BENZOIC ACID AND EXPRESSED AS FLUTOLANIL
EDIBLE OFFAL (MAMMALIAN)	*0.05
EGGS	*0.05
MEAT (MAMMALIAN) (IN THE FAT)	*0.05
MILKS	*0.05
POTATO	0.05
POULTRY, EDIBLE OFFAL OF	*0.05
POULTRY MEAT (IN THE FAT)	*0.05
PYRIPROXYFEN
PYRIPROXYFEN
BEANS [EXCEPT BROAD BEAN AND SOYA BEAN]	T0.2
COTTON SEED	T0.1
COTTON SEED OIL, CRUDE	T*0.02
COTTON SEED OIL, EDIBLE	T*0.02
EDIBLE OFFAL (MAMMALIAN)	T*0.02
FRUITING VEGETABLES, CUCURBITS	T0.2
FRUITING VEGETABLES, OTHER THAN CUCURBITS	T0.2
MEAT (MAMMALIAN) (IN THE FAT)	T*0.02
MILKS	T*0.02
SPIROXAMINE
COMMODITIES OF PLANT ORIGIN: SPIROXAMINE COMMODITIES OF ANIMAL ORIGIN: SPIROXAMINE CARBOXYLIC ACID, EXPRESSED AS SPIROXAMINE
DRIED GRAPES	3
EDIBLE OFFAL (MAMMALIAN)	0.5
GRAPES	2
MAMMALIAN FATS [EXCEPT MILK FATS]	0.05
MEAT (MAMMALIAN)	0.05
MILKS	0.05
THIACLOPRID
THIACLOPRID
POME FRUITS	T1
STONE FRUITS	T2

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

BUTAFENACIL
BUTAFENACIL
CEREAL GRAINS [EXCEPT MAIZE; SORGHUM; MILLET; AND RICE]	T*0.02
PROCYMIDONE
PROCYMIDONE
BROCCOLI	T5
PROFENOFOS
PROFENOFOS
SWEET CORN (KERNELS)	*0.02
PYMETROZINE
PYMETROZINE
APRICOT	*0.05
NECTARINE	*0.05
PEACH	*0.05
PLUMS (INCLUDING PRUNES)	*0.05

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

ABAMECTIN
SUM OF AVERMECTIN B 1A, AVERMECTIN B 1B AND D-8,9 ISOMER OF AVERMECTIN B 1A
SOYA BEAN (DRY)	T*0.002
BENALAXYL
BENALAXYL
SHALLOT	T0.5
BIFENTHRIN
BIFENTHRIN
KAFFIR LIME LEAVES	T10
LEMON BALM	T10
LEMON GRASS	T10
LEMON VERBENA	T10
MIZUNA	T10
BUPROFEZIN
BUPROFEZIN
COTTON SEED	T1
COTTON SEED OIL, CRUDE	T0.3
BUTAFENACIL
BUTAFENACIL
CEREAL GRAINS [EXCEPT RICE]	*0.02
CHLORPYRIFOS
CHLORPYRIFOS
PERSIMMON, JAPANESE	T*0.05
DORAMECTIN
DORAMECTIN
CATTLE MILK	T0.06
FENOXAPROP-ETHYL
SUM OF FENOXAPROP-ETHYL (ALL ISOMERS) AND 2-(4-(6-CHLORO-2-BENZOXAZOLYLOXY)PHENOXY)-PROPANOATE AND 6-CHLORO-2,3-DIHYDROBENZOXAZOL-2-ONE, EXPRESSED AS FENOXAPROP-ETHYL
RICE	T*0.02
FLUAZIFOP-BUTYL
FLUAZIFOP-BUTYL
PARSNIP	T0.1
FLUDIOXONIL
FLUDIOXONIL
RAPE SEED	T*0.01
FLUQUINCONAZOLE
FLUQUINCONAZOLE
RAPE SEED	T*0.01
PIRIMIPHOS-METHYL
PIRIMIPHOS-METHYL
PEANUT	5
PEANUT OIL, EDIBLE	15
PROCYMIDONE
PROCYMIDONE
BRASSICA (COLE OR CABBAGE) VEGETABLES, HEAD CABBAGES, FLOWERHEAD BRASSICAS	T5
INDIAN MUSTARD	T2
MUSTARD GREENS	T2
PROFENOFOS
PROFENOFOS
CATTLE MILK	*0.01
EDIBLE OFFAL (MAMMALIAN)	*0.05
EGGS	*0.02
MEAT (MAMMALIAN)	*0.05
POULTRY, EDIBLE OFFAL OF	*0.05
POULTRY MEAT	*0.05
PROPICONAZOLE
PROPICONAZOLE
BLUEBERRIES	T2
PYMETROZINE
PYMETROZINE
STONE FRUITS	*0.05
SPINOSAD
SUM OF SPINOSYN A AND SPINOSYN D
CELERY	T*0.25
TEBUFENOZIDE
TEBUFENOZIDE
EDIBLE OFFAL (MAMMALIAN)	*0.02
MEAT (MAMMALIAN) (IN THE FAT)	*0.02
MILKS	*0.01
TRIADIMENOL
TRIADIMENOL SEE ALSO TRIADIMEFON
PEPPERS	T0.5
TRIFLURALIN
TRIFLURALIN
PARSNIPS	T0.5

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

2,4-D
2,4-D
CEREAL GRAINS	0.2
BIFENTHRIN
BIFENTHRIN
GALANGAL, RHIZOMES	T10
HERBS	T10
RUCOLA (ROCKET)	T10
TURMERIC, ROOT	T10
BUTAFENACIL
BUTAFENACIL
EDIBLE OFFAL (MAMMALIAN)	*0.02
EGGS	*0.01
MEAT (MAMMALIAN)	*0.01
MILKS	*0.01
POULTRY, EDIBLE OFFAL OF	*0.02
POULTRY MEAT	*0.01
ETHYLENE DICHLORIDE (EDC)
1,2-DICHLOROETHANE
CEREAL GRAINS	*0.1
FIPRONIL
SUM OF FIPRONIL, THE SULPHENYL METABOLITE (5-AMINO-1-[2,6-DICHLORO-4-(TRIFLUOROMETHYL)PHENYL]-4-[(TRIFLUOROMETHYL) SULPHENYL]-1H-PYRAZOLE-3-CARBONITRILE), THE SULPHONYL METABOLITE (5-AMINO-1-[2,6-DICHLORO-4-(TRIFLUOROMETHYL)PHENYL]-4-[(TRIFLUOROMETHYL)SULPHONYL]-1H-PYRAZOLE-3-CARBONITRILE), AND THE TRIFLUOROMETHYL METABOLITE (5-AMINO-4-TRIFLUOROMETHYL-1-[2,6-DICHLORO-4-(TRIFLUOROMETHYL)PHENYL]-1H-PYRAZOLE-3-CARBONITRILE)
SUNFLOWER SEEDS	*0.01
IMAZAPIC
SUM OF IMAZAPIC AND ITS HYDROXYMETHYL DERIVATIVE
PEANUT	*0.1
PROCYMIDONE
PROCYMIDONE
RAPE SEED	T1
RAPE SEED OIL, CRUDE	T3
TEBUFENOZIDE
TEBUFENOZIDE
LITCHI	T2
LONGAN	T2
POME FRUITS	1
TRIFLURALIN
TRIFLURALIN
VEGETABLES [EXCEPT AS OTHERWISE LISTED UNDER THIS CHEMICAL]	0.05

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’

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.

Editorial note:

Paragraph 2(1)(b) is to be reviewed within 12 months from its date of gazettal.

Cheese under paragraph 2(1)(b) is generally known as ‘extra hard grating cheese’ – see the Codex International Standard for Extra Hard Grating Cheese (CODEX STAN C-35-1978).

For Australia, cheese and cheese products must also be manufactured using measures to ensure compliance with requirements in Standard 1.6.1 – Microbiological Limits for Food, Chapter 3 - Food Safety Standards, and any applicable State and Territory requirements in relation to cheese production, including any specific requirements in relation to the safety of raw milk and raw milk cheese production.

For New Zealand, the processing of cheese and cheese products, other than those manufactured in accordance with clause 3 of Standard 2.5.4, is regulated under the Dairy Industry Act 1952 and the Food Act 1981.

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

Editorial note:

This Standard does not define specific names for fish.

In Australia, guidance on the specific naming of fish may be found in the Australian Fish Names List, as amended from time to time, which is available from the Seafood Services Australia website at or by contacting Seafood Services Australia on 1300 130 321.

In New Zealand, guidance may be found in the following publications:

(1) clause 32 of the Animal Products (Specifications for Products Intended for Human Consumption) Notice 2000; and

(2) the Authorised Fish Names Circular (1995) issued by the New Zealand Fishing Industry Agreed Implementation Standards pursuant to Regulation 19 of the Fish Export Processing Regulations 1995; and

(3) the Commerce Commission’s booklet titled Food Labelling, Promotion and Marketing - A Guide for Manufacturers, Importers and Retailers (1998).

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 -

Editorial note: