Australia New Zealand Food Standards Code – Schedule 10 – Generic names of ingredients and conditions for their use

Overview

The Australia New Zealand Food Standards Code, Schedule 10, titled "Generic names of ingredients and conditions for their use," was introduced under the Food Standards Australia New Zealand Act 1991. This legislative instrument sets out the generic names for food ingredients and the conditions for their use, ensuring clarity and consistency in food labelling. Enacted by the Parliament of Australia, this standard aims to provide clear guidelines for ingredient labelling, enhancing consumer understanding and food safety. The Code was designed to fill the gap in providing standardised ingredient labelling practices, ensuring that consumers receive accurate and comprehensible information about the foods they purchase. The Food Standards Australia New Zealand Act 1991 established the legislative framework for the creation of the Australia New Zealand Food Standards Code, which includes various standards to regulate food safety and labelling. The Act allows for the development of standards that address issues such as ingredient transparency and consumer protection, thereby facilitating informed consumer choices and maintaining high food safety standards across both countries. The policy objective of Schedule 10 is to standardise the generic names for ingredients and specify the conditions under which these names can be used, ensuring that consumers are provided with clear and consistent information on food labels.

Scope and Application

The Australia New Zealand Food Standards Code – Schedule 10 – Generic names of ingredients and conditions for their use is a legislative instrument under the Food Standards Australia New Zealand Act 1991. It applies to food manufacturers, importers, and suppliers within Australia and New Zealand, specifying the generic names for ingredients and conditions for their use. The standard aims to ensure consistency in the labelling of food ingredients, thus facilitating consumer understanding. It includes specific provisions for various ingredients such as cereals, fats or oils, and milk protein, with conditions that must be met for their use, such as declaring the source of animal or vegetable fats or oils if the food is a dairy product. The standard commenced on 1 March 2016 and has been subject to amendments, such as the addition of lupin and the modification of the entry for fats or oils. Transitional arrangements are in place for certain variations to allow for gradual compliance, ensuring a smooth transition for affected stakeholders.

Key Provisions

This legislative instrument, F2015L00480, establishes the Australia New Zealand Food Standards Code - Schedule 10, which specifies generic names of ingredients and conditions for their use, particularly for the statement of ingredients on food labels. Section 10-2 (S10-2) lists the generic names and conditions for use of various ingredients, including cereals, cheese, cocoa butter, crystallised fruit, fats or oils, fish, fruit, gum base, herbs, meat, milk protein, milk solids, poultry meat, spices, starch, sugar, and vegetables. For example, the statement of ingredients for fats or oils must declare the source, whether animal or vegetable, and if it is a dairy product, the specific source of animal fats or oils must be stated. The name 'starch' may be used for any unmodified starch or any starch modified by physical means or enzymes. This Act imposes obligations on food manufacturers, importers, and retailers to ensure that the ingredients listed on food labels comply with the generic names and conditions set out in the Code. For instance, manufacturers must specify the source of fats or oils if the food is a dairy product. Similarly, if a product contains ingredients like whey, whey powder, whey proteins, lactose, caseinates, milk proteins, or milk fat, the term'milk solids' may be used. Failure to comply with these requirements could result in misleading or deceptive conduct under Australian consumer law. The legislation does not explicitly outline specific offences, penalties, or civil or criminal consequences for non-compliance with the generic names and conditions for ingredient use. However, non-compliance with food labelling requirements may be considered misleading or deceptive conduct under the Australian Consumer Law, which could result in enforcement actions by the Australian Competition and Consumer Commission (ACCC). Penalties for misleading or deceptive conduct can include fines and, in severe cases, imprisonment. The maximum penalty for corporations can be up to $1.1 million, while individuals may face fines of up to $220,000 and imprisonment for up to five years.