Australia New Zealand Food Standards Code - Standard 2.5.7 - Dried Milks, Evaporated Milks and Condensed Milks

Overview

Standard 2.5.7, which pertains to Dried Milks, Evaporated Milks and Condensed Milks, was enacted to establish specific compositional requirements for these dairy products. The Standard was introduced to address the need for clear compositional guidelines to ensure consumer protection and maintain the quality of these milk products. Enacted under the Food Standards Australia New Zealand Act 1991, the policy objective of this legislation is to provide specific compositional requirements for dried, evaporated, and condensed milks, ensuring that these products meet certain standards of quality and safety. The Standard sets forth the minimum milk protein content, permissible ingredients, and specific compositional requirements for different types of these milk products, thereby ensuring consistency and quality in the marketplace. The Standard was enacted by Food Standards Australia New Zealand and has undergone several amendments to refine and update its provisions. The latest amendment, Amendment No. 150, was registered on 30 October 2014, incorporating changes such as the inclusion of reference to evaporated milks and other editorial adjustments. These amendments aim to maintain the relevance and effectiveness of the Standard in line with evolving industry practices and regulatory requirements.

Scope and Application

Standard 2.5.7 applies to the composition and ingredients of dried, evaporated, and condensed milks across the Commonwealth of Australia. This Standard sets out specific compositional requirements for these milk products, including the minimum and maximum percentages of milk protein, milkfat, and other components. The Standard applies to the entities and persons involved in the production, processing, and sale of these milk products within Australia. It mandates that dried, evaporated, and condensed milks must contain no less than 34% m/m milk protein in milk solids-non-fat and specifies the permitted ingredients for evaporated and condensed milks, such as salt, water, and sugars. The Standard also details the compositional requirements for different types of dried, evaporated, and condensed milks, such as dried whole milks, evaporated skim milks, and condensed whole milks. The geographic reach of this Standard is national, applying uniformly across all states and territories in Australia. There are no specific exclusions or exemptions mentioned in the text, but it is noted that the processing requirements for milk and milk products in Australia are contained in a separate Standard, Standard 4.2.4. The application of this Standard can be extended or restricted through subordinate instruments, as indicated by the Amendment History.

Key Provisions

Standard 2.5.7 pertains to the compositional requirements for dried milks, evaporated milks, and condensed milks. Section 1 defines these terms, clarifying that these products are obtained by the partial removal of water from milk, with possible additions such as sugars for condensed milks, and salt and water for evaporated milks. Section 2 outlines the compositional requirements for these products, stating that they must contain at least 34% milk protein in milk solids-non-fat (subsection 2(2)). Furthermore, when these products are made from cow's milk, they must meet the component requirements listed in the Schedule, which specifies the minimum and maximum percentages of milkfat, water, and other components for different types of milks (subsection 2(3)). Section 3 details the permitted ingredients for evaporated and condensed milks, allowing salt and water for evaporated milks, and additionally permitting sugars for condensed milks (subsection 3(1)-(2)). The obligations imposed by Standard 2.5.7 require that the milk used to produce dried, evaporated, or condensed milks must meet the compositional requirements set out in the Standard. This includes ensuring that the fat, protein, or both fat and protein content of the milk can be adjusted without altering the whey protein to casein ratio (subsection 2(1)). Manufacturers must also adhere to the compositional requirements specified in the Schedule, ensuring that the products contain the correct proportions of milkfat, water, and other components as applicable (subsection 2(3)). Compliance with these compositional requirements is essential for the products to be considered compliant with Standard 2.5.7. There are no explicit offences, penalties, or consequences for breach mentioned in Standard 2.5.7. However, non-compliance with the compositional requirements may lead to regulatory action under the Food Standards Australia New Zealand Act 1991, which governs food standards and labelling in Australia. Such actions could include product recalls, fines, or other enforcement measures. The precise penalties would depend on the specific nature and extent of the non-compliance, as well as the applicable provisions of the Food Standards Australia New Zealand Act 1991.