Australia New Zealand Food Standards Code - Standard 1.1A.7 - Transitional Standard for Caffeine in Artificial Drinks (New Zealand only)

Overview

The Transitional Standard for Caffeine in Artificial Drinks (New Zealand only) is a legislative instrument enacted in 2001. This standard was introduced to address the need for a regulatory framework governing the permissible levels of caffeine in artificial drinks during a transitional period. It incorporates the former New Zealand Food Regulations (1984) concerning caffeine addition to artificial drinks and serves as a bridge until more comprehensive legislation is established. The enactment of this standard by the relevant New Zealand legislature aimed to ensure that artificial drinks meet specific compositional standards during this transitional phase, ultimately protecting consumer health while allowing for industry adjustments. This standard specifically limits the caffeine content in artificial drinks to no more than 200 mg/kg and applies exclusively to food produced in or imported into New Zealand, with no relevance to food produced or imported into Australia. Notably, this transitional standard ceased to have effect on 20 December 2003.

Scope and Application

The Transitional Standard for Caffeine in Artificial Drinks pertains specifically to non-alcoholic beverages that are unfermented mixtures of drinking water, potentially including other food substances, produced in or imported into New Zealand. This Standard, which was incorporated from the former New Zealand Food Regulations (1984), allows for the addition of caffeine to such artificial drinks but is explicitly designed as a transitional measure. It is pertinent to note that this Standard does not extend its application to food produced or imported into Australia, and it is set to cease having any effect on 20 December 2003. Under this Standard, the permissible limit for caffeine content in artificial drinks is set at a maximum of 200 mg/kg. The scope and application of this legislation are narrowly tailored to address the transitional regulation of caffeine in artificial drinks within New Zealand, with no ongoing implications post-20 December 2003.

Key Provisions

The legislation sets out a transitional standard for the inclusion of caffeine in artificial drinks, specifically in New Zealand, and references the former New Zealand Food Regulations (1984) in this regard (section 1). According to the Interpretation section (section 1), an "artificial drink" is defined as a non-alcoholic beverage that is an unfermented mixture of drinking water, which may include other foods. The Application section (section 2) stipulates that, subject to certain conditions, food produced in or imported into New Zealand must comply with this Standard, although it is important to note that this Standard does not apply to food produced or imported into Australia. Additionally, this Standard will cease to have any effect on 20 December 2003 (section 3). This Standard imposes the obligation on producers and importers of artificial drinks in New Zealand to ensure that their products comply with the caffeine content limit of 200 mg/kg (section 3). The specified limit is designed to regulate the amount of caffeine that can be added to artificial drinks, ensuring that they meet the safety and quality standards set forth in this legislation. Moreover, it is crucial to emphasise that this Standard does not apply to food produced or imported into Australia, and it will cease to have any effect on 20 December 2003, as stated in the Application section (section 2). In terms of consequences for non-compliance, this Standard does not explicitly outline any specific offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to assume that failure to adhere to the caffeine content limit of 200 mg/kg for artificial drinks may result in regulatory action, such as product recalls, fines, or other sanctions, as per the relevant food safety and quality legislation in New Zealand. Nevertheless, it is essential to consult the applicable laws and regulations for accurate and up-to-date information regarding the consequences of non-compliance with food safety and quality standards in New Zealand.