Australia New Zealand Food Standards Code - Standard 1.1A.4 - Transitional Standard for the Labelling of Pollen and Royal Jelly

Overview

The Transitional Standard for the Labelling of Pollen and Royal Jelly, established under the Food Standards Australia New Zealand Act 1991, serves to bridge the gap between the previous food labelling standards and the updated provisions concerning the labelling of pollen products and royal jelly. This legislation was introduced to ensure that there is a consistent and clear communication of potential allergenic risks associated with these products to consumers in both Australia and New Zealand. The policy objective is to safeguard public health by providing explicit warnings on products that could potentially cause severe allergic reactions. This Standard operates until the new requirements in Standard 1.2.3 become mandatory, after which compliance with the new labelling standards will be mandatory.

Scope and Application

The Transitional Standard for the Labelling of Pollen and Royal Jelly applies to food products containing bee pollen, royal jelly, and propolis that are produced within or imported into Australia and New Zealand. The primary focus of this Standard is to ensure that consumers are adequately informed about the potential health risks associated with these products. For Australian products, the label must include specific warnings about severe allergic reactions, while New Zealand products must also comply with similar labelling requirements but with slight variations in wording and placement of the warnings. The Standard stipulates that these products must adhere to the labelling provisions of either this Standard or the alternative requirements in Standard 1.2.3, but not both. Notably, this Standard will cease to be effective two years after the commencement of the alternative requirements in Standard 1.2.3, meaning that during this period, compliance with either set of requirements is necessary. Additionally, the Standard references 'stock-in-trade' provisions that should be consulted for further details on transitional arrangements.

Key Provisions

The main operative sections of the Standard 1.1A.4 Transitional Standard for the Labelling of Pollen and Royal Jelly (clause 1) require that food produced in or imported into Australia must comply with either clause 3 and clause 4 of this Standard or Standard 1.2.3, but not both (clause 1(1)). Similarly, food produced in or imported into New Zealand must comply with either clause 5 of this Standard or Standard 1.2.3, but not both (clause 1(2)). This Standard will cease to have effect two years from the commencement of the parts of Standard 1.2.3 regulating royal jelly (clause 1(3)). The labelling provisions for pollen products in Australia (clause 2) mandate that the label on or attached to a package must include a specific statement following the product name, printed in 3 mm type, indicating that the product may cause severe allergic reactions. For royal jelly in Australia (clause 3), the label must similarly include a statement following the product name, in 3 mm type, detailing that the product contains royal jelly, which has been reported to cause severe allergic reactions and, in rare cases, fatalities, especially in asthma and allergy sufferers. In New Zealand (clause 4), the labelling provisions for royal jelly, bee pollen, and propolis require that labels include prominent warning statements in 3 mm type, indicating the potential for severe allergic reactions, particularly for products containing royal jelly. The obligations imposed by the Standard include ensuring that labels on pollen products and royal jelly, whether produced in or imported into Australia or New Zealand, comply with the specified labelling requirements. Producers and importers must ensure that their labels include the required statements in the specified type size, unless the package size prevents it, in which case a minimum type size of 1.5 mm is permissible. Additionally, the Standard incorporates the mandatory food standard in New Zealand relating to royal jelly and pollen products, which will be rescinded upon the issue of this Standard in New Zealand. There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text for breaches of this Standard. However, it is implied that failure to comply with the labelling requirements could result in non-compliance with food standards in Australia and New Zealand, which might lead to regulatory action under broader food safety legislation. The precise penalties for such breaches would depend on the specific provisions of the overarching food safety laws in each jurisdiction.