Food Standards (Proposal P242 – Food for Special Medical Purposes – Consequential) Variation (Cth)

Food Standards (Proposal P242 – Food for Special Medical Purposes – Consequential) Variation

1             Name

This instrument is the Food Standards (Proposal P242 – Food for Special Medical Purposes – Consequential) Variation.

2             Variation to Standards in the Australia New Zealand Food Standards Code

The Schedule varies the Standards in the Australia New Zealand Food Standards Code.

3             Commencement

This variation commences on the date of gazettal of Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation.

SCHEDULE

[1]           Standard 1.1.1 is varied by –

[1.1]        inserting in clause 2 the following definitions in alphabetical order –

food for special medical purposes has the meaning given by Standard 2.9.5.

small package means a package with a surface area of less than 100 cm².

transportation outer means a container or wrapper which –

(a)           encases packaged or unpackaged foods for the purpose of transportation and distribution; and

(b)          is removed before the food is used or offered for retail sale, or is not taken away by the purchaser of the food.

[1.2]        omitting paragraph (e) from the definition of warning statement in clause 2, substituting –

(e)           sub clauses 3(3) and 3(4) of Standard 2.9.4; and

(f)           subclause 10(4) of Standard 2.9.5.

[1.3]        inserting in alphabetical order in the Table to clause 8 –

MJ Megajoule

[2]           Standard 1.1A.6 is varied by omitting subclause 2(3), substituting –

(3)           This Standard ceases to have effect in relation to:

(a)          food for special medical purposes on the date of gazettal of Food Standards (Proposal 1023 – Tutin, Tocopherols & Food for Special Medical Purposes Standards Amendments) Variation; and

(b)          other special purposes food, including food formulated and represented as being for the dietary management of obesity or overweight, two years from the commencement of any alternative applicable provisions elsewhere in this Code.

[3]           Standard 1.2.1 is varied by omitting from clause 1 the definitions of small package and transportation outer

[4]           Standard 1.3.1 is varied by –

[4.1]        omitting from Schedule 1, the heading to Item 13, substituting –

13              SPECIAL PURPOSE FOODS

[4.2]        inserting in Schedule 1 after Item 13.4.2 –

13.5           Food for special medical purposes*
200 201 202 203	Sorbic acid and sodium, potassium and calcium sorbates	1500	mg/kg
210 211 212 213	Benzoic acid and sodium, potassium and calcium benzoates	1500	mg/kg
338	Phosphoric acid	GMP	Permitted for use as an acidity regulator
524	Sodium hydroxide	GMP	Permitted for use as an acidity regulator
525	Potassium hydroxide	GMP	Permitted for use as an acidity regulator
950	Acesulphame potassium	450	mg/kg
954	Saccharin	200	mg/kg
962	Aspartame-acesulphame salt	450	mg/kg
13.5.1        Liquid food for special medical purposes*
123	Amaranth	30	mg/kg
160b	Annatto extracts	10	mg/kg
13.5.2        Food for special medical purposes other than liquids*
123	Amaranth	300	mg/kg
160b	Annatto extracts	25	mg/kg

[5]           Standard 1.3.4 is varied by adding at the end of the Schedule –

Specification selenium-enriched yeast

Selenium-enriched yeasts are produced by culture in the presence of sodium selenite as a source of selenium. These yeasts contain selenium according to the following criteria –

Total selenium content	No more than 2.5 mg/kg of the dried form as marketed
Levels of organic selenium species (% total extracted selenium):
Selenomethionine	No less than 60% and no more than 85%
Other organic selenium compounds (including selenocysteine)	No more than 10%
Levels of inorganic selenium (% total extracted selenium)	No more than 1%

Amendment History

The Amendment History provides information about each amendment to the Instrument. 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 a compilation of Food Standards (Proposal P242 – Food for Special Medical Purposes – Consequential) Variation as in force on 21 February 2013 (up to Amendment No. 139). It includes any commenced amendment affecting the compilation to that date.

Prepared by Food Standards Australia New Zealand on 21 February 2013.

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 Legislative Instruments 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

Food Standards (Proposal P242 – Food for Special Medical Purposes – Consequential) Variation was published in the Food Standards Gazette No. FSC 74 on 28 June 2012 as part of Amendment 132 (F2012L01341 – 27 June 2012) and has been amended as follows:

Clause affected	A’ment No.	FRLI registration Gazette	Commencement (Cessation)	How affected	Description of amendment
3	139	F2013L00250 21 Feb 2013 FSC81 21 Feb 2013	21 Feb 2013	am	Commencement date brought forward from 28 June 2014 to 21 February 2013.
Item 2 of Sch	139	F2013L00250 21 Feb 2013 FSC81 21 Feb 2013	21 Feb 2013	rs	Consequential amendments to Standard 1.1A.6.