Australia New Zealand Food Standards Code – Standard 2.10.3 – Chewing gum

Administered by Department of Health, Disability and Ageing

Legislation au F2015L00486 In force Legislative Instrument

Legislation content

Standard 2.10.3 Chewing gum

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.

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.

2.10.3—1 Name

  This Standard is Australia New Zealand Food Standards Code – Standard 2.10.3 – Chewing gum.

 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.

2.10.3—2 Definition

Note In this Code (see section 1.1.2—2):

 releasable calcium, CaR, means the amount of calcium, in mg/g of chewing gum, released into the mouth during 20 minutes of chewing that is calculated using the following equation:

  

 where:

 CaO is the original calcium concentration in the chewing gum in mg/g of chewing gum.

 WO is the weight of the original chewing gum in g.

 CaC is the residual calcium in the gum after it has been chewed for 20 minutes in mg/g of chewing gum.

 WC is the weight of the chewed gum in g.

  small package means a package with a surface area of less than 100 cm2.

2.10.3—3 Addition of calcium to chewing gum

  Calcium may be added to chewing gum only if:

 (a) the chewing gum contains no more than 0.2% residual sugars; and

 (b) the calcium is in a permitted form specified in section S17—3.

2.10.3—4 Claims about the presence of calcium in chewing gum

 (1) Despite subsection 1.2.7—12(1), a claim to the effect that chewing gum is a good source of calcium or *releasable calcium must not be made.

 Note Subsection 1.2.7—12(1) and the table to section S4—3 regulate when nutrition content claims may be made, including nutrition content claims about a food being a good source of vitamins or minerals.

 (2) A claim about the presence of *releasable calcium in chewing gum may be made only if:

 (a) the chewing gum contains no more than 0.2% residual sugars; and

 (b) the chewing gum contains no less than 80 mg (10% RDI) of releasable calcium per serving; and

 (c) the amount claimed is no more than 200 mg (25% RDI) of releasable calcium per serving; and

 (d) the *supplier who makes the claim or includes it on a label or in an advertisement:

 (i) has records that substantiate the matters listed in paragraphs (b) and (c); and

 (ii) makes the records available to the *relevant authority upon request.

2.10.3—5 Labelling requirements

 (1) If a claim is made in accordance with section 2.10.3—4, the nutrition information panel must include:

 (a) for chewing gum in a small package:

 (i) the *average quantity of *releasable calcium per serving; and

 (ii) the serving size; and

 (b) for chewing gum other than in a small package—the average quantity of releasable calcium per serving and per 100 g; and

 (c) in any case:

 (i) the proportion of the *RDI (for calcium) of releasable calcium per serving; and

 (ii) a statement to the effect that the average quantity of calcium is released during 20 minutes of chewing.

 (2) For chewing gum in a small package:

 (a) the information need not be set out in a nutrition information panel; and

 (b) to avoid doubt, paragraph 1.2.8—14(1)(b) does not apply in relation to a claim made in accordance with section 2.10.3—4.

 (3) For chewing gum other than in a small package, the nutrition information panel may be set out in the form specified in section S12—7.

____________________

Amendment History

The Amendment History provides information about each amendment to the Standard. 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. 1 of Standard 2.10.3 as in force on 13 April 2017 (up to Amendment No. 168). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 13 April 2017.

 

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 Standard 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

 

Standard 2.10.3 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00486 –- 2 April 2015) and has since been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

2.10.34(2)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

 

13 April 2017

am

References to ‘serve’ replaced with ‘serving’ for consistency.

2.10.35(1)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

 

13 April 2017

am

References to ‘serve’ replaced with ‘serving’ for consistency.

 

Overview

The Australia New Zealand Food Standards Code – Standard 2.10.3 – Chewing gum was established under the Food Standards Australia New Zealand Act 1991 and commenced on 1 March 2016. This standard aims to regulate the addition of calcium to chewing gum, the claims that can be made about the presence of calcium in chewing gum, and the labelling requirements for such products. The Act was enacted by the Commonwealth Parliament and seeks to ensure that food standards promote public health and nutrition and protect consumers from unfair trading practices. This particular standard addresses the need for clear and accurate information about the calcium content in chewing gum, ensuring that any claims made are substantiated and that consumers are not misled. The policy objective behind this standard is to ensure that consumers have access to accurate information about the nutritional content of chewing gum, particularly regarding calcium. This is achieved by setting strict conditions for the addition of calcium to chewing gum, prohibiting certain claims about calcium content unless specific criteria are met, and mandating detailed labelling for products that meet these criteria. By doing so, the standard aims to enhance consumer trust and ensure that any health claims made about chewing gum are both truthful and substantiated, thereby protecting consumers from misleading information.

Scope and Application

The Australia New Zealand Food Standards Code - Standard 2.10.3 – Chewing gum applies to all persons, entities, and industries involved in the manufacture, import, and sale of chewing gum within Australia and New Zealand. This includes manufacturers, importers, and retailers of chewing gum. The Standard commenced on 1 March 2016 and applies to chewing gum that contains calcium, with specific requirements for the addition of calcium, claims about the presence of calcium, and labelling. The Standard extends its application through subordinate instruments, which include details on permitted forms of calcium and the calculation of releasable calcium. The Standard also specifies that chewing gum in small packages, defined as a package with a surface area of less than 100 cm2, has specific labelling requirements. The Standard does not apply to chewing gum that does not contain calcium or to chewing gum that does not comply with the specified limits for residual sugars and releasable calcium.

Key Provisions

Standard 2.10.3 of the Australia New Zealand Food Standards Code, specifically concerning chewing gum, sets out certain requirements for the addition of calcium to chewing gum, claims regarding the presence of calcium, and labelling requirements. Section 2.10.3—3 allows for the addition of calcium to chewing gum only if the gum contains no more than 0.2% residual sugars and the calcium is in a permitted form as specified in section S17—3. Section 2.10.3—4 stipulates that a claim cannot be made that chewing gum is a good source of calcium or releasable calcium. However, a claim about the presence of releasable calcium can be made if the gum contains no more than 0.2% residual sugars, no less than 80 mg (10% RDI) of releasable calcium per serving, and no more than 200 mg (25% RDI) of releasable calcium per serving. Additionally, the supplier making the claim must have records substantiating the releasable calcium content and must make these records available to the relevant authority upon request. The obligations imposed by the Act on parties or entities governed by these provisions include ensuring that any claims about the presence of calcium in chewing gum are substantiated and that any claims about releasable calcium are made in accordance with the specified requirements. This includes maintaining records that substantiate the presence of releasable calcium and making these records available upon request. The labelling requirements outlined in section 2.10.3—5 must be adhered to, ensuring that any claims made are accurately reflected on the label, including providing the average quantity of releasable calcium per serving and per 100 g, the proportion of the RDI for calcium, and a statement that the average quantity of calcium is released during 20 minutes of chewing. Any breach of the provisions outlined in this Standard may result in civil or criminal consequences. For instance, making false or misleading claims about the presence of calcium in chewing gum could lead to penalties under the Trade Practices Act 1974 (Cth) or equivalent state legislation. The maximum penalties for misleading or deceptive conduct can include fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals, depending on the severity and intent of the offence. Additionally, failure to provide records upon request may result in enforcement actions by the relevant authority, which could include fines, product recalls, or other regulatory measures.

Legal classification tags

Area of Law
Food Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Labelling requirements
Reporting & Disclosure Obligations

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.