Australia New Zealand Food Standards Code – Standard 2.5.7 – Dried milk, evaporated milk and condensed milk

Administered by Department of Health, Disability and Ageing

Legislation au F2015L00425 In force Legislative Instrument

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Standard 2.5.7 Dried milk, evaporated milk and condensed milk

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.

Note 3 In Australia, dairy products must be processed in accordance with Standard 4.2.4.

2.5.7—1 Name

  This Standard is Australia New Zealand Food Standards Code Standard 2.5.7 Dried milk, evaporated milk and condensed milk.

 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.

2.5.7—2 Definitions

Note In this Code (see section 1.1.2—3):

 adjusted milk, in relation to condensed milk, dried milk or evaporated milk, means milk:

 (a) that is to be used to make the product concerned; and

 (b) to which milk components have been added, or from which they have been withdrawn, in order for the product to comply with requirements of Standard 2.5.7; and

 (c) that has the same whey protein to casein ratio as the original milk.

 condensed milk means:

 (a) a food obtained by the partial removal of water from milk or adjusted milk, with the addition of sugars, and the possible addition of salt or water; or

 (b) a food of the same composition obtained by any other process.

 dried milk means a powdered food obtained by the partial removal of water from milk or adjusted milk.

 evaporated milk means:

 (a) a food obtained by the partial removal of water by heat from milk or adjusted milk, with the possible addition of one or more of the following:

 (i) salt;

 (ii) water; or

 (b) a food of the same composition obtained by any other process.

2.5.7—3 Requirement for food sold as condensed milk

 (1) A food that is sold as condensed milk must:

 (a) be condensed milk; and

 (b) contain no less than 34% m/m milk protein in milk solids non-fat.

 (2) A food that is sold as condensed whole milk and derived from cow’s milk must contain:

 (a) no less than 8% m/m milkfat; and

 (b) no less than 28% m/m milk solids.

 (3) A food that is sold as condensed skim milk and derived from cow’s milk must contain:

 (a) no more than 1% m/m milkfat; and

 (b) no less than 24% m/m milk solids.

2.5.7—4 Requirement for food sold as dried milk

 (1) A food that is sold as dried milk must:

 (a) be dried milk; and

 (b) contain no less than 34% m/m milk protein in milk solids non-fat.

 (2) A food that is sold as dried whole milk and derived from cow’s milk must contain:

 (a) no less than 26% m/m milkfat; and

 (b) no more than 5% m/m water.

 (3) A food that is sold as dried skim milk and derived from cow’s milk must contain:

 (a) no more than 1.5% m/m milkfat; and

 (b) no more than 5% m/m water.

2.5.7—5 Requirement for food sold as evaporated milk

 (1) A food that is sold as evaporated milk must:

 (a) be evaporated milk; and

 (b) contain no less than 34% m/m milk protein in milk solids non-fat.

 (2) A food that is sold as evaporated whole milk and derived from cow’s milk must contain:

 (a) no less than 7.5% m/m milkfat; and

 (b) no less than 25% m/m milk solids; and

 (3) A food that is sold as evaporated skim milk and derived from cow’s milk must contain:

 (a) no more than 1% m/m milkfat; and

 (b) no less than 20% m/m milk solids.

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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 2.5.7 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 2.5.7 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00425 –- 31 March 2015) and has since been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

2.5.7—5(1)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

 

13 April 2017

 

rs

Subsection to correct grammatical error.

 

Overview

The Australia New Zealand Food Standards Code – Standard 2.5.7 – Dried milk, evaporated milk and condensed milk was introduced to ensure the safety, quality, and consistency of dried milk, evaporated milk, and condensed milk products available in Australia and New Zealand. This standard was enacted under the Food Standards Australia New Zealand Act 1991, with the aim of providing a unified food regulatory framework across the two countries. The Act empowers the Food Standards Australia New Zealand (FSANZ) to develop and implement food standards that protect public health and safety, and ensure fair trading practices. The policy objective of Standard 2.5.7 is to ensure that these milk products meet specified compositional requirements, thereby protecting consumers and maintaining fair trading practices. This standard came into effect on 1 March 2016, and has since been subject to various amendments to refine its provisions.

Scope and Application

Standard 2.5.7, as part of the Australia New Zealand Food Standards Code, applies to the composition and labelling of dried milk, evaporated milk, and condensed milk products sold within Australia and New Zealand. This standard ensures that such products meet specified compositional requirements, which include minimum and maximum levels of milk protein, milkfat, and other components, depending on whether the product is whole, skim, or otherwise classified. The standard applies to entities and persons involved in the production, processing, and sale of these dairy products, ensuring compliance with the outlined standards to maintain consumer safety and fair trade practices. It is a Commonwealth standard, with specific provisions adopted under the Food Standards Australia New Zealand Act 1991, extending its applicability across both countries. There are no explicit exclusions or exemptions mentioned in the text, implying that all products fitting the descriptions of dried, evaporated, and condensed milk must comply with the standard. The standard can be amended through subordinate instruments, as evidenced by the history of amendments provided in the legislative instrument.

Key Provisions

Standard 2.5.7, part of the Australia New Zealand Food Standards Code, provides specific requirements for the composition of dried milk, evaporated milk, and condensed milk products sold in Australia and New Zealand. Section 2.5.7—2 defines key terms such as "condensed milk," "dried milk," and "evaporated milk," while Sections 2.5.7—3, 2.5.7—4, and 2.5.7—5 set out the compositional requirements for foods sold under these categories. For instance, condensed milk must contain no less than 34% milk protein in milk solids non-fat, while dried milk and evaporated milk must also meet this protein requirement. Specific fat and solids content requirements are further detailed for whole and skim varieties of these products. The Act imposes several obligations on parties involved in the production, processing, and sale of these dairy products. Manufacturers and processors must ensure that the products they produce comply with the compositional requirements specified in the Standard. This includes adhering to the defined percentages of milk protein, milkfat, and milk solids as applicable. Furthermore, labelling requirements must accurately reflect the product's composition and any ingredients added during processing. Failure to comply with these requirements can result in the products being deemed non-compliant and potentially subject to enforcement actions. There are potential legal consequences for breaches of the compositional and labelling requirements set out in Standard 2.5.7. Under the Food Standards Australia New Zealand Act 1991, non-compliance may result in civil penalties, including fines. The specific penalties for breaches can vary, but they are determined according to the severity and circumstances of the breach. Additionally, repeated or significant breaches may lead to criminal charges, resulting in further penalties such as higher fines or even imprisonment for individuals found guilty of intentionally or recklessly contravening the Act. The Standard came into effect on 1 March 2016, as specified in notices published in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991. This date marks the commencement of the requirements for compliance by manufacturers and processors of dried milk, evaporated milk, and condensed milk products. The Standard has since been subject to amendments, with the latest amendment (No. 168) correcting a grammatical error in subsection 2.5.7—5(1) and coming into effect on 13 April 2017.

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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.