Australia New Zealand Food Standards Code - Standard 2.5.3 - Fermented Milk Products

Overview

Standard 2.5.3 Fermented Milk Products was introduced as part of the Food Standards Australia New Zealand Act 1991 to provide a comprehensive regulatory framework governing the composition and processing of fermented milk products, including yoghurt. This legislative instrument was enacted to ensure consumer protection by maintaining the safety, quality, and nutritional integrity of fermented milk products available in the Australian market. The policy objective is to safeguard public health by setting compositional standards and ensuring that fermented milk products are produced under sanitary and safe conditions. Food Standards Australia New Zealand is the body responsible for administering and enforcing the provisions of this Standard, which includes periodic reviews and amendments to address emerging issues or scientific advancements.

Scope and Application

Standard 2.5.3 applies to the composition and labelling of fermented milk products, including yoghurt, within Australia. This Standard is enforced by Food Standards Australia New Zealand (FSANZ), which sets compositional and labelling requirements for such products. The Standard specifies the protein content, pH levels, and microorganisms used in the fermentation process for fermented milk products. Notably, the protein requirement applies only to fermented milk made from cow’s milk. Furthermore, the Standard allows the addition of phytosterols, phytostanols, and their esters to yoghurt under specific conditions, such as the total fat content and package size. The Standard applies nationally across Australia and is subject to amendments which are made under section 92 of the Food Standards Australia New Zealand Act 1991. These amendments, which are detailed in the Amendment History, ensure the Standard remains current and effective.

Key Provisions

Standard 2.5.3 sets out the requirements for fermented milk products, including yoghurt, in Australia. Under this legislation, fermented milk is defined as a milk product obtained by fermenting milk or products derived from milk, where the fermentation involves the action of micro-organisms and results in coagulation and a reduction in pH. Yoghurt is specifically defined as a fermented milk where the fermentation has been carried out with lactic acid-producing micro-organisms. The Standard mandates that fermented milk may contain other foods but specifies stringent compositional requirements for fermented milk and the fermented milk portion of any food containing fermented milk. In particular, protein content (measured as crude protein) must be a minimum of 30 g/kg, the pH must not exceed 4.5, and the microorganisms used in the fermentation must number a minimum of 10^6 colony-forming units per gram. These compositional requirements apply exclusively to fermented milk made from cow’s milk. The Act imposes several obligations on entities involved in the production, sale, or distribution of fermented milk products. Manufacturers must ensure that their products comply with the specified compositional requirements, including the protein content, pH level, and microorganism count. They must also ensure that any other foods included in the fermented milk adhere to the compositional standards set out in the Standard. Additionally, any labelling must accurately reflect the product’s contents and comply with relevant labelling requirements. Failure to comply with these obligations can result in significant legal consequences. Violations of the compositional standards set out in Standard 2.5.3 can lead to enforcement actions. While the Standard itself does not specify penalties, breaches of food standards can result in enforcement actions by Food Standards Australia New Zealand (FSANZ). These actions can include warnings, recalls, fines, and other regulatory measures. The severity of the penalties depends on the nature and extent of the breach, and in some cases, repeated or serious violations can lead to criminal charges. Manufacturers and distributors must therefore ensure strict compliance with the compositional requirements to avoid potential legal repercussions.