Australia New Zealand Food Standards Code - Amendment No. 67 - 2003

Administered by Department of Health, Disability and Ageing

Legislation au F2008B00814 Not in force Legislative Instrument

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FOOD STANDARDS AUSTRALIA NEW ZEALAND

 

VARIATIONS TO THE AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE

 

(AMENDMENT NO. 67)

 

1. Preamble

 

The variations set forth in the Schedule below are variations to the Australia New Zealand 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. 67 to the Code.

 

3. Commencement

 

These variations commence on the date of gazettal. 

 

Note:  These variations were published in the Commonwealth of Australia Gazette No. FSC 9 on 31 July 2003.

 

SCHEDULE

 

[1] Standard 1.1.1 is varied by omitting from clause 2, in the definition of warning statement –

 

required by to be expressed

 

substituting –

 

required to be expressed

 

[2] Standard 1.1A.2 is varied by omitting from clause 1B –

 

(1D)

 

substituting –

 

(1C)

 

[3] Standard 1.1A.4 is varied by –

 

[3.1] omitting from subclause 1(1) –

 

clause 3 and clause 4

 


substituting –

 

clause 2 and clause 3

 

[3.2] omitting from subclause 1(2) –

 

clause 5

 

substituting –

 

clause 4

 

[4] Standard 1.1A.5 is varied by –

 

[4.1] inserting after the heading for Division 2 – Australian Food Standards Code

 

2 Australian requirements

 

[4.2] omitting from subclause 2(1), paragraphs k and l, substituting –

 

(j) milk fat;

(k) water.

 

[4.3] inserting after the heading for Division 3 – New Zealand Food Regulations 1984 –

 

3 New Zealand requirements

 

[4.4] omitting under Division 3 – New Zealand Food Regulations 1984, subclause numbers 7 to 12, substituting subclause numbers 1 to 6

 

[5] Standard 1.2.1 is varied by –

 

[5.1] omitting from clause 1, in the definition of transportation outer –

 

package

 

substituting –

 

container or wrapper

 

[5.2] inserting in subclause 2(2), after paragraph (f) –

 

(g) subclause 4(3) of Standard 1.5.2;

 

[5.3] omitting from subclause 2(2), paragraph letters (g) to (n), substituting paragraph letters (g) to (o)

 

[5.4] omitting paragraph 3(1)(f), substituting –

 


(f) food is in a transportation outer and the information prescribed in clauses 1, 2 and 3 of Standard 1.2.2 is clearly discernable through the transportation outer on the labels on the packages within.

 

[5.5] omitting the editorial note after clause 4

 

[6] Standard 1.2.4 is varied by-

 

[6.1] omitting from the Table to Clause 4 –

 

starch

Where the source of the starch is wheat, rye, barley, oats or spelt then the specific name of the cereal must be declared.  The name ‘starch’ may be used for any unmodified starch or any starch which has been modified by either physical means or enzymes

 

substituting –

 

starch

Where the source of the starch is wheat, rye, barley, oats or spelt, or their hybridised strains, then the specific name of the cereal must be declared.  The name ‘starch’ may be used for any unmodified starch or any starch which has been modified by either physical means or enzymes

 

[6.2] omitting from subclause 8(7) –

 

as a flavouring

 

substituting –

 

as a flavouring or as an ingredient of a flavouring

 

[6.3] omitting from subclause 8(7) –

 

by their name or code number

 

substituting –

 

in accordance with subclause (2)

 

[7] Standard 1.2.8 is varied by –

 

[7.1] omitting from the Purpose –

 

This Standard does not apply to infant formula products except where Standard 2.9.1 (Infant Formula Products) otherwise provides

 

substituting –

 

This Standard does not apply to infant formula products where either Standard 2.9.1 – Infant Formula Products or Standard 1.1A.1 – Transitional Standard for Infant Formula Products otherwise provides

 

[7.2] omitting from the Editorial note following subclause 5(2) –


‘Average’ or the abbreviation ‘Ave’

 

substituting –

 

‘Average’ or an abbreviation for average

 

[7.3] omitting from paragraph 13(2)(a) –

 

less than

 

substituting –

 

no more than

 

[8] Standard 1.2.10 is varied by –

 

[8.1] omitting from subclause 1(1), the definition of category of ingredients

 

[8.2] omitting from the editorial note after clause 1 –

 

egg

 

substituting –

 

for example,

 

[8.3] omitting paragraph 2(4)(g), substituting –

 

(g) food standardised in Standard 1.1A.1 or Standard 2.9.1.

 

[8.4] omitting from subclause 5(2) –

 

must

 

substituting –

 

may

 

[9] Standard 1.3.1 is varied by –

 

[9.1] inserting in the Editorial note following clause 11 –

 

The National Registration Authority has issued a maximum residue limit for longans of 500 mg/kg in the whole fruit (see item 4 of Schedule 1).

 

[9.2] omitting from Schedule 1, 0 General Provisions

 

Colours in Schedule 4 may be present to a maximum level of 290 mg/kg in solid and 70 mg/L in liquid processed foods except where expressly prohibited in this schedule

 


substituting -

 

Colours in Schedule 4 may be present to a maximum level of 290 mg/kg in foods other than beverages and 70 mg/L in beverages except where expressly prohibited in this schedule

 

[9.3] inserting in Schedule 1, in item 0.1, under the heading flavourings, in the column Qualifications in relation to Benzyl alcohol and Isopropyl Alcohol –

 

In the final food

 

[9.4] omitting from Schedule 1, in item 1.6, in the column Additive Name –

 

Sulphur dioxide and sodium and potassium sulphates

 

substituting –

 

Sulphur dioxide and sodium and potassium sulphites

 

[9.5] omitting from Schedule 1, in item 9.1, in the column Qualifications –

 

fillets only

 

[9.6] omitting from Schedule 1, in item 13.2, for the additive Ascorbyl palmitate in the column Max permitted level –

 

1000 mg/kg

 

substituting –

 

100 mg/kg

 

[9.7] omitting from Schedule 1, in item 13.2, the additive –

 

Potassium carbonate

 

substituting –

 

Potassium carbonates

 

[9.8] omitting from Schedule 1, in item 14.3, the heading –

 

Mixed alcoholic drinks not elsewhere classified

 

substituting –

 

Alcoholic beverages not included in item 14.2

 

[10] Standard 1.3.3 is varied by –

 

[10.1] omitting from the Table to clause 11, the Substance –

 


Sodium fluosilicate (Sodium silicofluoride)

 

substituting –

 

Sodium fluorosilicate (Sodium silicofluoride)

 

[10.2] inserting in the Table to clause 17, for the enzyme -Amylase EC [3.2.1.1] the Source

 

Bacillus stearothermophilus

 

[10.3] inserting in the Editorial note following the Table to clause 17 –

 

Humicola lanuginosa is also known as Thermomyces lanuginosus.

 

[11] Standard 1.3.4 is varied by omitting from the Specification for tall oil phytosterols derived from tall oils –

 

Loss on drying (water (%)

 

substituting –

 

Loss on drying (water (%))

 

[12] Standard 1.4.2 is varied by inserting for the following chemical and food, the maximum residue limit –

 

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)

Chervil

T0.1

 

 

 

[13] Standard 1.4.4 is varied by omitting from the Table of Provisions –

 

Schedule 1 - Prohibited plants and fungi

Schedule 2 - Restricted plants and fungi

 

substituting –

 


Schedule 1 Prohibited plants and fungi

Schedule 2 Restricted plants and fungi

 

[14] Standard 1.5.1 is varied by inserting in the Table to clause 2 –

 

Trehalose

 

 

[15] Standard 1.5.2 is varied by inserting into Column 1 of the Table to clause 2, immediately after the last occurring entry

 

Food derived from insect-protected and glufosinate-ammonium tolerant corn line 1507

 

 

[16] Standard 1.6.1 is varied by –

 

[16.1] omitting from the Schedule –

 

Powdered infant formula

 

substituting –

 

Powdered infant formula products

 

[16.2] omitting from the Schedule, the column numbering, substituting

 

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

 

[17] Standard 2.2.1 is varied by inserting in the Table of Provisions –

 

11 Bovine meat and meat products must be derived from animals free from bovine spongiform encephalopathy

 

[18] Standard 2.6.2 is varied by –

 

[18.1] omitting from clause 1, from the definition of fruit drink

 

(i) mineralised water.

 

substituting –

 

(i) mineralised water; and

(j) sugars.

 

[18.2] omitting clause 5, substituting –

 

5 Non alcoholic beverages not to be labelled/presented as alcoholic beverages

 

Non alcoholic beverages must not be labelled or otherwise presented for sale in a form which expressly or by implication suggests that the product is an alcoholic beverage.

 

[18.3] inserting in subclause 6(2) after electrolyte where first occurring –

 

drink

 

[19] Standard 2.6.4 is varied by inserting into paragraph 3(1)(b), after the substances listed in column 1 of the Table to subclause 2(2) –

 

, where present,

 

[20] Standard 2.7.2 is varied by omitting from the editorial note –

 

Standards 1.3.1 (Food Additives) and 1.3.3 (Processing Aids)

 

substituting –

 

Standard 1.3.1 – Food Additives and Standard 1.3.3 – Processing Aids

 

[21] Standard 2.7.3 is varied by omitting from the editorial note –

 

Standards 1.3.1 (Food Additives) and 1.3.3 (Processing Aids)

 

substituting –

 

Standard 1.3.1 – Food Additives and Standard 1.3.3 – Processing Aids

 

[22] Standard 2.7.4 is varied by –

 

[22.1] omitting from the Purpose –

 

This Standard, however, requires wine produced in Australia to comply with the provisions of P4 of the Australian Food Standards Code.

 

[22.2] inserting following clause 2 –

 

Editorial note:

 

For the production of wine in New Zealand clause 2 of this Standard applies.  However, for the production of wine in Australia, clause 2 of this Standard should be read in conjunction with clause 3 of Standard 4.1.1.

 

Additive permissions and permitted processing aids for the products referred to in this Standard are contained in Standard 1.3.1 – Food Additives and Standard 1.3.3 – Processing Aids.

 

Specific labelling requirements for alcoholic beverages are contained in Standard 2.7.1

 

[23] Standard 2.7.5 is varied by omitting from the editorial note –

 

Standards 1.3.1 Food Additives and 1.3.3 Processing Aids

 

substituting –

 

Standard 1.3.1 – Food Additives and Standard 1.3.3 – Processing Aids

 

[24] Standard 2.9.1 is varied by omitting from subclause 32(4) –

 

base

 

substituting –

 

based

 

[25] Standard 2.9.4 is varied by –

 

[25.1] inserting in the Table of Provisions –

 

Schedule Additional permitted forms and intake amounts for vitamins and minerals in Formulated Supplementary Sports Foods and Formulated Meal Replacements

 

[25.2] omitting the title of the Schedule, substituting –

 

SCHEDULE

 

Additional permitted forms and intake amounts for vitamins and minerals in Formulated Supplementary Sports Foods and in Formulated Meal Replacements

 

[26] Standard 3.1.1 is varied by –

 

[26.1] omitting from clause 1 –

 

In this Chapter the definitions of the following terms apply:

 

substituting –

 

In this Chapter the definitions of the following terms apply –

 

[26.2] omitting from clause 1, in the definition of sell, the semicolon at the end of subclause (o), substituting a comma

 

[27] Standard 3.2.1 is varied by omitting from subclause 2(1) –

 

Standard 3.1.1 (Interpretation and Application)

 

substituting –

 

Standard 3.1.1 – Interpretation and Application

 

[28] Standard 3.2.2 is varied by –


[28.1] omitting from clause 2 –

 

Standard 3.1.1 (Interpretation and Application)

 

substituting –

 

Standard 3.1.1 – Interpretation and Application

 

[28.2] omitting from subclause 4(4), references to –

 

Clause

 

substituting –

 

clause

 

[29] Standard 3.2.3 is varied by –

 

[29.1] omitting from the Purpose

 

Standard 3.2.2 (Food Safety Practices and General Requirements)

 

substituting –

 

Standard 3.2.2 – Food Safety Practices and General Requirements

 

[29.2] omitting from clause 1, in the definition of adequate supply of water, the semi-colon at the end of the definition, substituting a full stop

 

[29.3] omitting from clause 1, in the definition of potable water, the semi-colon at the end of the definition, substituting a full stop

 

[29.4] omitting from subclause 2(1) –

 

Standard 3.1.1 (Interpretation and Application)

 

substituting –

 

Standard 3.1.1 – Interpretation and Application

 

[30] Standard 4.1.1 is varied by –

 

[30.1] omitting the Table to clause 3, substituting –

 

Table to clause 3

 

Additive

Ascorbic acid

Calcium carbonate

Citric acid

Dimethyl dicarbonate

Erythorbic acid

Grape juice including concentrated grape juice

Lactic acid

Malic acid

Metatartaric acid

Mistelle

Potassium carbonate

Potassium hydrogen carbonate

Potassium sulphites

Potassium sorbate

Sorbic acid

Sulphur dioxide

Tannins

Tartaric acid

Uncharred oak

 

[30.2] omitting the Table to clause 4, substituting

 

Table to clause 4

Processing aid

Activated carbon

Agar

Alginates, calcium and potassium salts

Ammonium phosphates

Bentonite

Calcium tartrate

Carbon dioxide

Cellulose

Copper sulphate

Cultures of micro-organisms

Diatomaceous earth

Egg white

Enzymes

Gelatine

Hydrogen peroxide

Ion exchange resins

Isinglass

Lysozyme

Milk and milk products

Nitrogen

Oxygen

Perlite

Phytates

Polyvinyl polypyrrolidone

Potassium ferrocyanide

Potassium hydrogen tartrate

Silicon dioxide

Thiamin chloride*

Thiamin hydrochloride*

 

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

 

[30.3] omitting paragraph 5(4)(h), substituting –

 

(h) 0.1 mg/L of cyanides and complex cyanides expressed as hydrocyanic acid; and

(i) 200 mg/L of dimethyl dicarbonate.


[30.4] omitting paragraph 6(1)(a), substituting –

 

(a) grape spirit; and

 

[30.5] omitting paragraph 6(1)(b), substituting –

 

(a) brandy; and

 

[30.6] omitting subclauses 7(1) and 7(2)

 

[30.7] omitting subclause 7(3), substituting –

 

(1) In addition to the substances permitted by clauses 3 and 4 of this Standard, fortified wine may also contain caramel.

Overview

The Food Standards Australia New Zealand Variations to the Australia New Zealand Food Standards Code (Amendment No. 67) legislative instrument, published in 2003, aims to amend the Australia New Zealand Food Standards Code, originally enacted by the National Health and Medical Research Council in 1987. This amendment is introduced to refine and update certain provisions within the food standards code to ensure they remain current with scientific advancements and industry practices. The instrument was enacted by the Australian Government under the authority of section 23A of the Food Standards Australia New Zealand Act 1991, aiming to enhance food safety, public health protection, and consumer information. The variations include technical updates to definitions, ingredient declarations, and permitted additives and processing aids, among other adjustments to ensure the Code continues to meet contemporary standards and regulatory requirements. The legislative instrument encompasses a series of amendments designed to clarify and update various standards within the Australia New Zealand Food Standards Code. These amendments address issues such as the specification of ingredient sources, the correction of technical errors, and the incorporation of new scientific understandings into food safety and labelling standards. By updating the Code, the amendments aim to maintain the integrity and effectiveness of Australia and New Zealand's food regulatory framework, ensuring it continues to protect public health and provide consumers with accurate and comprehensive food information. The enactment of these variations reflects a commitment to ongoing review and improvement of food standards to adapt to new challenges and knowledge in food science and public health.

Scope and Application

The variations to the Australia New Zealand Food Standards Code, as outlined in Amendment No. 67, apply to all entities involved in the production, processing, and distribution of food within Australia and New Zealand. This includes manufacturers, importers, and retailers of food products. The amendments aim to refine and update the regulatory framework governing food standards, ensuring consumer safety and product quality across the food industry. The scope of these variations extends to the definitions, requirements, and permitted additives and processing aids within food products. Geographically, the amendments apply across both Australia and New Zealand, ensuring a unified approach to food regulation within the region. The changes are designed to address evolving food safety concerns, technological advancements in food processing, and consumer expectations. While the primary focus is on food safety and quality, specific exclusions and exemptions are detailed within the individual standards. The application of these variations is further extended through subordinate instruments which may include regulations and guidelines that specify implementation details and compliance requirements.

Key Provisions

The main operative sections of this legislative instrument pertain to the variations made to the Australia New Zealand Food Standards Code (the "Code") as detailed in the Schedule (section 2). These variations include modifications to definitions, substitution of terms, omission of certain clauses, and insertion of new provisions. For example, Standard 1.1.1 modifies the definition of "warning statement" by changing "to be expressed" to "required to be expressed" (Schedule [1]). Similarly, Standard 1.2.1 alters the definition of "transportation outer" by substituting "package" with "container or wrapper" (Schedule [5.1]). Such changes are intended to update and refine the requirements set forth in the Code. The obligations imposed by these variations on the parties governed by the Code include ensuring compliance with the updated standards and requirements. This involves revising food labelling, packaging, and compositional standards to reflect the changes outlined in the Schedule. For example, food manufacturers must ensure that their products meet the new definitions and requirements for ingredients such as starch (Schedule [6]), and must comply with the updated provisions regarding the use of additives and processing aids (Schedule [24]). Additionally, entities must ensure that their food products adhere to the new standards for infant formula products (Schedule [7]) and bovine meat (Schedule [17]). Breaches of the amended Code may result in both civil and criminal penalties. Under the Food Standards Australia New Zealand Act 1991, individuals or entities found guilty of contravening the Code may face fines. For example, the maximum penalty for contravening food standards can be significant, potentially amounting to several thousand dollars for serious or repeated offences. Additionally, persistent or egregious breaches may result in criminal charges, leading to further penalties including imprisonment. These consequences underscore the importance of adhering to the updated food standards and requirements set forth in this legislative instrument.

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