Australia New Zealand Food Standards Code - Standard 2.5.1 - Milk

Overview

The Standard 2.5.1 Milk, enacted in 2008, defines milk and skim milk and sets compositional requirements for these products in Australia. It is part of the Australia New Zealand Food Standards Code and was developed by Food Standards Australia New Zealand (FSANZ) to ensure consistency and safety in the composition of milk products. The policy objective of this Standard is to maintain the nutritional quality and integrity of milk and skim milk by specifying the minimum and maximum levels of key components such as milkfat and protein. It also ensures that any adjustments to the composition of milk for retail purposes do not compromise the whey protein to casein ratio. Additionally, the Standard provides specific compositional requirements for skim milk, ensuring it meets particular nutritional standards. This legislative instrument plays a crucial role in protecting consumer health by standardising the quality of milk products available in the market.

Scope and Application

The Standard 2.5.1 Milk applies to milk and skim milk produced for retail sale in Australia, defining their composition and setting compositional requirements. The Act specifies the minimum and maximum levels of milkfat and protein for packaged cow’s milk and skim milk, and allows for the adjustment of milk components to meet these standards, provided the whey protein to casein ratio remains unchanged. Notably, the Standard does not apply to milk produced in New Zealand, which adheres to its own processing requirements. Milk must comply with the compositional standards outlined in this legislation, with processing requirements detailed in Standard 4.2.4. Additionally, the addition of phytosterols, phytostanols, and their esters to milk is subject to specific conditions, such as total fat content and plant sterol equivalents. This Standard ensures that milk and skim milk sold in Australia meet certain compositional standards, thereby protecting consumer health and ensuring product consistency.

Key Provisions

The Standard 2.5.1 Milk sets out the requirements for the composition and processing of milk and skim milk in Australia. According to section 2(1), packaged cow's milk for retail sale must contain a minimum of 32 g/kg milkfat and 30 g/kg protein (measured as crude protein). This milk may be adjusted to meet these compositional requirements by adding or withdrawing milk components, as long as the whey protein to casein ratio remains unchanged (section 2(2)). Skim milk, defined in section 1, must contain a maximum of 1.5 g/kg milkfat and a minimum of 30 g/kg protein (section 3(1)). The compositional requirements for skim milk also apply exclusively to skim milk derived from cow’s milk (section 3(2)). Milk processing requirements are specified in Standard 4.2.4, and milk produced in New Zealand is exempt from subclause 4(2) (section 4). The addition of phytosterols, phytostanols, and their esters to milk is restricted to milk with no more than 1.5 g total fat per 100 g, and the total plant sterol equivalents content must be between 3 g/L and 4 g/L of milk (section 5). The Standard imposes several obligations on entities involved in the production, processing, and sale of milk and skim milk. Producers and processors must ensure that the milk they supply meets the compositional requirements outlined in sections 2 and 3. This includes verifying that the milkfat and protein content is within the specified limits and that the whey protein to casein ratio is not altered during adjustment. Processors must also adhere to the processing requirements set out in Standard 4.2.4. Additionally, any addition of phytosterols, phytostanols, or their esters to milk must comply with the restrictions in section 5. These obligations ensure that the milk and skim milk supplied to consumers meet the necessary compositional standards. Breaches of the compositional and processing requirements set out in the Standard may result in legal consequences. While the specific penalties are not detailed in the Standard itself, violations of food standards in Australia can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant state or territory legislation. It is important for entities involved in the production and sale of milk and skim milk to comply with the Standard to avoid potential legal repercussions.