Schedule 25 Permitted novel foods
Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.
Novel foods are regulated by paragraphs 1.1.1—10(5)(b) and (6)(f) and Standard 1.5.1. This Standard lists permitted novel foods, and specifies conditions for their use, for section 1.5.1—3.
Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.
S25—1 Name
This Standard is Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods.
Note Commencement:This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.
S25—2 Sale of novel foods
For section 1.5.1—3, the permitted *novel foods and their conditions for use are:
Sale of novel foods
Permitted novel food | Conditions of use |
D-allulose |
4. The listed foods are: (a) bakery products (limit: 10% w/w); (b) bubble gum (limit: 50% w/w); (c) breakfast cereals (limit: 5% w/w); (d) cereal bars (limit: 5% w/w); (e) chewing gum (limit: 50% w/w); (f) confectionery (but not chocolate) (limit: 50% w/w); (g) desserts (with or without gelatine) (limit: 10% w/w); (h) edible ices (including sorbet) (limit: 5% w/w); (i) frostings (limit: 5% (w/w)); (j) fruit spreads (but not chutney) (limit: 10% w/w); (k) ice cream (limit: 5% w/w); (l) icings (limit: 5% w/w); (m) imitation cream (limit: 5% w/w); (n) non-alcoholic water based flavoured drinks (limit: 3.5% w/w); Note See the definition of ‘a non-alcoholic water based flavoured drink’ in condition 5 below. (o) salad dressings (limit: 5% w/w); (p) sweet sauces (limit: 10% w/w); (q) syrups (limit: 10% w/w); (r) tabletop sweeteners (limit: 100% w/w); (s) yoghurt (limit: 5% w/w); Note An advisory statement to the effect that excess consumption may have a laxative effect is required for certain foods for sale containing D-allulose. See subsection 1.2.3—2(2) 5. For the purposes of this permission, a non-alcoholic water based flavoured drink: (a) includes: a brewed soft drink; a non-brewed soft drink; a cola type drink; a formulated caffeinated beverage; a fruit drink; a tea beverage; a coffee beverage; a powdered drink concentrate; and a liquid drink concentrate; and (b) does not include: a food standardised in Part 2.9 of the Code; a dairy analogue; a fruit juice; a vegetable juice; a formulated beverage; an electrolyte drink; and an electrolyte drink base. 6. During the exclusive use period, only D-allulose sold under the brand Nexweet may be a food for retail sale in accordance with condition 1 or added to food in accordance with conditions 2 to 5 above. 7. For the purposes of condition 6 above, exclusive use period means the period commencing on the date of gazettal of the Food Standards (Application A1247 – D-allulose as a novel food) Variation and ending 15 months after that date. |
α-cyclodextrin | 1. The name ‘alpha cyclodextrin’ or ‘α- cyclodextrin’ must be used when declaring the ingredient in the statement of ingredients. |
γ-cyclodextrin | 1. The name ‘gamma cyclodextrin’ or ‘γ- cyclodextrin’ must be used when declaring the ingredient in the statement of ingredients. |
Diacylglycerol oil (DAG-Oil) | 1. The name ‘Diacylglycerol oil’ must be used when declaring the ingredient in the statement of ingredients. |
Dried marine micro-algae (Schizochytrium sp.) rich in docosahexaenoic acid (DHA) | 1. May be added to infant formula products in accordance with Standard 2.9.1. |
Oil derived from marine micro-algae Schizochytrium sp. (American Type Culture Collection (ATCC) PTA-9695) | 1. Only permitted for use in infant formula products in accordance with Standard 2.9.1 |
Oil derived from marine micro-algae (Schizochytrium sp.) rich in docosahexaenoic acid (DHA) | 1. May be added to infant formula products in accordance with Standard 2.9.1. |
Oil derived from marine micro-algae (Ulkenia sp.) rich in docosahexaenoic acid (DHA) | 1. May be added to infant formula products in accordance with Standard 2.9.1. |
Isomalto-oligosaccharide
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Isomaltulose |
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*Phytosterols, phytostanols and their esters | 1. The food must comply with requirements in Standard 1.2.1 insofar as they relate to section 1.2.3—2. 2. May only be added to edible oil spreads: (a) according to Standard 2.4.2; and (b) where the total *saturated and *trans fatty acids present in the food are no more than 28% of the total fatty acid content of the food; and
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| 3. May only be added to breakfast cereals, not including breakfast cereal bars, if: (a) the total fibre content of the breakfast cereal is no less than 3 g/50 g; and (b) the breakfast cereal contains no more than 30 g/100 g of total sugars; and (c) the *total plant sterol equivalents content is no less than 0.5 g per serving and no more than 2.2 g per serving. 4. Foods to which phytosterols, phytostanols or their esters have been added must not be used as ingredients in other foods. 5. May only be added to milk in accordance with Standard 2.5.1. 6. May only be added to yoghurt in accordance with Standard 2.5.3 7. May only be added to a beverage derived from legumes, cereals, nuts, seeds, or a combination of those ingredients if, after that addition, each of the following compositional limits are met: (a) the calcium content of the beverage is no less than 100 mg per 100 mL; and (b) the beverage contains no more than 0.75 g saturated fatty acids per 100 mL; and (c) the total plant sterol equivalents content of the beverage is no less than 0.8 g and no more than 2.2 g per 250 mL of the beverage. 8. During the exclusive use period, a beverage to which phytosterols, phytostanols and/or their esters have been added in accordance with condition 7 above may only be sold under the brand SANITARIUM HEALTH FOOD COMPANY. 9. For the purposes of condition 8 above, exclusive use period means the period commencing on the date of gazettal of the Food Standards (Addition of phytosterols, phytostanols or their esters as novel food to plant-based milk alternatives) Variation and ending 15 months after that date
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Rapeseed protein isolate
| 1. Must be derived from rapeseed press cake retained after oil pressing from the seeds of one or more of: (a) Brassica napus; (b) Brassica rapa; or (c) Brassica juncea. 2. Must not be added to food for infants. 3. Must comply with the specifications for rapeseed protein isolate listed in section S3—39(A). |
D-Tagatose |
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Tall oil phytosterol esters | 1. Tall oil phytosterol esters must comply with the specification for tall oil phytosterol esters in Schedule 3. 2. The food must comply with the requirements in Standard 1.2.1 insofar as they relate to section 1.2.3—2. 3. The name ‘tall oil phytosterol esters’ or ‘plant sterol esters’ must be used. 4. May only be added to cheese and processed cheese, in accordance with Standard 2.5.4. 6. Foods to which tall oil phytosterol esters have been added must not be used as ingredients in other foods.
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Trehalose | 1. May be added to infant formula products only as a cryo-preservative for L(+) lactic acid producing microorganisms. |
Application, saving and transitional provisions
The table below details information on application, saving or transitional provisions in instruments affecting this Standard.
Instrument items affected | A’ment No. | FRLI registration Gazette | Instrument’s transitional provision | Description of transitional arrangement |
Food Standards (Proposal P1028 – Infant Formula Products – Consequential Amendments) Variation | ||||
Items [24], [25], [26] and [27] of Schedule 2 | 231 | F2024L01151 13 Sept 2024 FSC 171 13 Sept 2024 | Clause 4
| Clause 4 establishes a transitional arrangement for variations to the Code made by Items [24], [25], [26] and [27] of Schedule 2 and by the Food Standards (Proposal P1028 – Infant Formula Products – Consequential Amendments) Variation.
The transition period is the period of time that commences on 13 September 2024 and ends on 13 September 2029.
Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations.
Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following:
(a) the Code as in force without the above variations; (b) the Code as amended by the above variations.
Subclause 4(3) provides that a food product that was labelled before the end of the transition period may be sold after the transition period if the product complies with one of the following:
(a) the Code as in force without the above variations; (b) the Code as amended by the above variations. |
Amendment History
The Amendment History provides information about each amendment to the Schedule. 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 compilation No. 9 of Schedule 25 as in force on 29 October 2024 (up to Amendment No. 233). It includes any commenced amendment affecting the compilation to that date.
Prepared by Food Standards Australia New Zealand on 29 October 2024.
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 Schedule 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 Legislation 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
Schedule 25 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00440 –- 1 April 2015) and has since been amended as follows:
Section affected | A’ment No. | FRL registration Gazette | Commencement (Cessation) | How affected | Description of amendment |
Note 1 to Std | 168 | F2017L00414 11 April 2017 FSC110 13 April 2017 | 13 April 2017 | am | Cross-reference. |
table to S25—2 | 170 | F2017L00586 23 May 2017 FSC112 25 May 2017 | 25 May 2017 | ad | Entry for oil derived from marine micro-algae Schizochytrium sp. (American Type Culture Collection (ATCC) PTA-9695)
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table to S25—2 | 170 | F2017L00584 23 May 2017 FSC112 25 May 2017 | 25 May 2017 | am | Entry for *Phytosterols, phytostanols and their esters. |
table to S25—2 | 171 | F2017L00915 11 July 2017 FSC113 13 July2017 | 13 July 2017
| ad | Entry for isomalto-oligosaccharide. |
table to S25—2 | 200 | F2021L00684 2 June 2021 FSC141 3 June 2021 | 3 June 2021 | am | Entry for *Phytosterols, phytostanols and their esters. |
table to S25—2 | 139 | F2021L00324 24 March 2021 FSC 139 26 March 2021 | 30 June 2021 | ad | Entry for Rapeseed protein isolate |
table to S25—2 | 215 | F2023L00032 12 January 2023 FSC155 16 January 2023 | 16 January 2023 | ad | Entry for *Phytosterols, phytostanols and their esters |
table to S25—2 | 220 | F2023L01004 11 July 2023 FSC160 19 July 2023 | 19 July 2023 | rs | Entry for rapeseed protein isolate |
table to S25—2 | 231 | F2024L01151 13 Sept 2024 FSC171 13 Sept 2024 | 13 September 2024 | rs | Repeal table entries for Dried marine micro-algae, Oil derived from marine micro-algae Schizochytrium sp., Oil derived from marine micro-algae and Oil derived from marine micro-algae and substitute. |
table to S25—2 | 231 | F2024L01151 13 Sept 2024 FSC171 13 Sept 2024 | 13 September 2024 | rs | Repeal table item Isomalto-oligosaccharide and substitute. |
table to S25—2 | 231 | F2024L01151 13 Sept 2024 FSC171 13 Sept 2024 | 13 September 2024 | rs | Repeal the condition entry for Rapeseed protein isolate and substitute. |
table to S25—2 | 231 | F2024L01151 13 Sept 2024 FSC171 13 Sept 2024 | 13 September 2024 | rs | Repeal table item for Trehalose and substitute. |
Table 2 S25—2 | 233 | F2024L01377 28 October 2024 FSC173 29 October 2024 | 29 October 2024 | ad | Insert D-allulose and associated Conditions of use into S25—2 table. |