Australia New Zealand Food Standards Code - Amendment No. 70 - 2004

Administered by Department of Health, Disability and Ageing

Legislation au F2008B00817 Not in force Legislative Instrument

Legislation content

FOOD STANDARDS AUSTRALIA NEW ZEALAND

 

VARIATIONS TO THE AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE

 

(AMENDMENT NO. 70)

 

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. 70 to the Code.

 

3. Commencement

 

These variations commence on the date of gazettal. 

 

4. Correction of Typographical Error

 

Amendment No. 69 published on 17 December 2003 contained the following typographical error –

 

  • On page 9 (Item [6.5]) – the chemical name ‘Dithiocarbamate’ should read ‘Dithiocarbamates’.

 

Note:  These variations were published in the Commonwealth of Australia Gazette No. FSC 12 on 29 April 2004.

 

SCHEDULE

 

[1] Standard 1.2.8 is varied by inserting in the Table 2 to subclause 2(2) –

 

D-Tagatose

11

 

[2] Standard 1.3.1 is varied by inserting in Schedule 1, under item 14.2.2 Wine, sparkling wine and fortified wine, the following entries –

 

 

302

Calcium ascorbate

GMP

 

 

 

 

637

Ethyl maltol

100

mg/kg

 

Wine made with other than Vitis vinifera grapes only

 

414

Gum arabic

GMP

 

 

 

 

636

Maltol

250

mg/kg

 

Wine made with other than Vitis vinifera grapes only

 

301

Sodium ascorbate

GMP

 

 

 

 

316

Sodium erythorbate

GMP

 

 

 

 

[3] Standard 1.3.3 is varied by –

 

[3.1] inserting in the Table to clause 3 –

 

Argon

 

[3.2] inserting in the Table to clause 14 –

 

Cupric citrate on a bentonite base

Removal of sulphide compounds from wine

GMP

Sodium chlorite

Anti-microbial agent for meat, fish, fruit and vegetables

Limit of determination of chlorite, chlorate, chlorous acid and chlorine dioxide

 

[3.3] inserting after the Table to clause 14 –

 

Editorial note:

 

The limit of determination is the lowest concentration of a chemical that can be qualitatively detected using a laboratory method and/or item of laboratory equipment (that is, its presence can be detected but not quantified).

 

[3.4] inserting in the Table to clause 17 –

 

Lysophospholipase

EC [3.1.1.5]

Aspergillus niger

Urease

EC [3.5.1.5]

Lactobacillus fermentum

 

[3.5] inserting in the Table to clause 18 –

 

Ammonium sulphite

 

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

 

D-Tagatose

 

 

[5] Standard 1.5.2 is varied by –

 

[5.1]  inserting in clause 1 –

 

conventional breeding means all methods used to produce plants, excluding techniques that use gene technology.

 

line means –

 

(a) a plant, the genetic material of which includes a transformation event or events; or

(b) any plant, descended from the plant referred to in paragraph (a), that is the result of conventional breeding of that plant with:

 

(i) any other plant that does not contain a transformation event or events; or

(ii) any other plant that contains a transformation event or events, whether expressed as a line or event, that is listed in Column 1 of the Table to clause 2 of this Standard.             

but shall not be taken to mean any plant derived solely as a result of conventional breeding.

 

transformation event means a unique genetic modification arising from the use of gene technology.

 

[5.2] inserting in Column 1 of the Table to clause 2 –

 

Food derived from glufosinate ammonium tolerant soybean lines A2704-12 and A5547-127

 

 

[5.3] omitting from  Column 1 of the Table to clause 2 –

 

Oil and linters derived from bromoxynil-tolerant cotton transformation events 10211 and 10222

 

 

substituting –

 

Oil and linters derived from bromoxynil-tolerant cotton containing transformation events 10211 and 10222

 

 

[6] Standard 1.6.1 is varied by –

 

[6.1] omitting from the Schedule, under Powdered infant formula products, the entries for Bacillus cereus/g in Columns 3, 4, 5 and 6, substituting –

 

 

 

5

0

100

 

 

[6.2] omitting from the Schedule, under Powdered infant formula products with added lactic acid producing cultures, the entries for Bacillus cereus/g in Columns 3, 4, 5 and 6, substituting –

 

 

 

5

0

100

 

 

[7] Standard 2.7.5 is varied by omitting subclause 4(2), substituting –

 

(2) A spirit lawfully exported under a geographical indication, but bottled other than in the territory, locality or region indicated by the geographical indication must not be sold under that geographical indication –

 

(a) unless the concentration of alcohol by volume in the spirit is at a level permitted under the laws for that geographical indication of the territory, locality or region indicated by that geographical indication; or

(b) if any other distinctive quality or characteristic of the spirit is such as to mislead or deceive the public as to the nature of the product identified by the geographical indication

 

[8] Standard 4.1.1 is varied by –

 

[8.1] inserting in the Table to clause 4 –

 

Cupric citrate on a bentonite base

Plant proteins permitted as processing aids under clause 3(a) to Standard 1.3.3

 

[8.2] inserting after the Table to clause 4 –

 

Editorial note:

 

Clause 3(a) to Standard 1.3.3 permits the use of foods, including water as processing aids.  Therefore, plant proteins that are foods are permitted under that Standard, and would also be permitted under this Standard.

 

Overview

The Food Standards Australia New Zealand Variations to the Australia New Zealand Food Standards Code (Amendment No. 70) is a legislative instrument enacted in 2004, published under section 23A of the Food Standards Australia New Zealand Act 1991. This amendment was introduced to correct a typographical error in the previously published Amendment No. 69 and to update various standards within the Code. The purpose of these amendments is to ensure the accuracy and clarity of the food standards regulations by rectifying errors and updating provisions as necessary. The enactment of these variations reflects the commitment of the relevant authorities to maintaining high standards in food safety and quality across Australia and New Zealand. The variations made by Amendment No. 70 include the correction of a typographical error regarding the chemical name 'Dithiocarbamate', which was incorrectly listed as 'Dithiocarbamates' in Amendment No. 69. Additionally, the amendment introduces several changes to various standards within the Code, such as the addition of new entries related to food additives, processing aids, and maximum levels of certain substances in food products. These updates aim to reflect current scientific understanding and regulatory practices, ensuring that the food standards continue to protect public health and provide clear guidance for food manufacturers and consumers alike.

Scope and Application

The variations to the Australia New Zealand Food Standards Code, as outlined in Amendment No. 70, apply to food standards and regulations within Australia and New Zealand, impacting food businesses, manufacturers, and processors operating in these jurisdictions. The variations are made pursuant to section 23A of the Food Standards Australia New Zealand Act 1991, ensuring that they are legally enforceable across both countries. The amendment addresses specific substances, including food additives and contaminants, and makes corrections to previous amendments. It affects various food categories, such as wine, powdered infant formula, and spirits, by altering permissible levels of certain substances, updating definitions, and correcting typographical errors. Notably, the amendment includes insertions and omissions in the standards to reflect changes in food technology, safety requirements, and scientific understanding. The scope of the amendment is extensive, covering numerous standards within the Code, and it is intended to ensure food safety and public health.

Key Provisions

The key sections of Amendment No. 70 to the Australia New Zealand Food Standards Code, as set forth in the legislative instrument, primarily involve alterations to Standards 1.2.8, 1.3.1, 1.3.3, 1.5.1, 1.5.2, 1.6.1, and 2.7.5, as well as a correction to a typographical error in Standard 1.3.1 from Amendment No. 69 (sections [1] to [8]). Specifically, these variations include the addition and omission of certain substances and conditions related to food additives, ingredients, and processing aids. For instance, Standard 1.2.8 now includes D-Tagatose as a permitted ingredient, while Standard 1.3.1 has been updated to include various additives such as Calcium ascorbate, Ethyl maltol, Gum arabic, and Maltol in wine, among other substances. Furthermore, Standard 1.5.2 has been revised to define 'conventional breeding' and 'transformation event' more clearly, and to specify certain food items derived from genetically modified organisms. Similarly, Standard 1.6.1 has been amended to adjust the permissible levels of Bacillus cereus in powdered infant formula products. Additionally, Standard 2.7.5 has been modified to address the sale of spirits under geographical indications when bottled outside the specified region. Finally, the amendment corrects a typographical error in Standard 1.3.1 from Amendment No. 69, changing 'Dithiocarbamate' to 'Dithiocarbamates'. Amendment No. 70 imposes specific obligations on food manufacturers, processors, and sellers to comply with the updated standards and requirements set forth in the Code. This includes ensuring that the food products they produce or sell do not contain prohibited substances or exceed the allowable levels of permitted additives and ingredients. Manufacturers and sellers must also ensure that any claims or labels related to genetically modified organisms or geographical indications are accurate and not misleading. Additionally, processors must adhere to the specified conditions for using processing aids, such as plant proteins, and ensure that any spirit products sold under geographical indications meet the relevant quality and characteristic standards. Failure to comply with the provisions of Amendment No. 70 may result in various consequences, including civil or criminal penalties. While the specific penalties are not outlined in the legislative instrument, non-compliance with food standards in Australia can generally lead to actions such as fines, product recalls, and legal proceedings under the Food Standards Australia New Zealand Act 1991 or other relevant legislation. The severity of the penalties may depend on factors such as the nature and extent of the non-compliance, the potential risk to public health and safety, and any previous history of violations. It is important for parties governed by the Act to familiarise themselves with the requirements and potential consequences to ensure compliance and avoid any legal repercussions.

Legal classification tags

Area of Law
Food Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.