Australia New Zealand Food Standards Code - Standard 2.9.2 - Foods for Infants

Administered by Department of Health, Disability and Ageing

Legislation au F2008B00659 Not in force Legislative Instrument

Legislation content

Standard 2.9.2

 

Foods for Infants

 

 

Purpose

 

This Standard provides for the compositional (including nutritional) and labelling requirements of foods intended or represented for use as food for infants.  Foods in this Standard are intended to be fed to infants in addition to human milk or infant formula products or both.  This Standard does not apply to infant formula products, as they are regulated by Standard 2.9.1, nor does it apply to formulated meal replacements and formulated supplementary foods as they are regulated by Standard 2.9.3.

 

The Standard recognises the specific needs of infants relating to the texture of the food, the infant’s digestion ability, renal capacity and the need for high energy and nutrient intake to support rapid growth.  This Standard recognises the particular microbiological and immunological susceptibility of infants including the potential for the development of food allergy.

 

General labelling requirements are contained in Part 1.2.  See Standard 1.2.4 – Labelling of Ingredients for ingredient labelling requirements, including for declaration of compound ingredients in foods for infants.  Microbiological requirements are contained in Standard 1.6.1 – Microbiological Limits for Food.

 

This Standard amends the application of Standard 1.2.8 – Nutrition Information Requirements in relation to food for infants.

 

Table of Provisions

 

1 Interpretation

2 General compositional requirements

3 Additional compositional requirements for cereal-based foods

4 Additional compositional requirements for non-cereal-based foods

5 Labelling

6 Additional labelling requirements relating to specific nutrients and energy  information

7 Representations

8 Claims about vitamins and minerals

9 Nutrition information

10 Food in dehydrated or concentrated form

11 Storage requirements

 

Clauses

 

1 Interpretation

 

In this Standard –

 

cereal-based food means a food for infants that is based on cereal.

 

ESADDI means, for a vitamin or mineral in column 1 of Table 3 to clause 8, the estimated safe and adequate daily dietary intake specified for  that vitamin or mineral in column 2.

 

food for infants means a food that is intended or represented for use as a source of nourishment for infants, but does not include –
 

(a) infant formula products; and

(b) formulated meal replacements; and

(c) formulated supplementary foods; and

(d) unprocessed fruit and vegetables.

fruit-based food means a food for infants that is based on fruit.

 

infant means a person up to the age of 12 months.

 

infant formula product means an infant formula product as defined in Standard 2.9.1.

 

RDI means, for a vitamin or mineral in column 1 of Table 2 to clause 8, the recommended dietary intake specified in relation to that vitamin or mineral in column 2 calculated and expressed in the form specified in the Table.

 

sugars has the meaning in Standard 2.8.1 and includes honey.

 

2 General compositional requirements

 

(1) Food for infants must not contain a food additive or nutritive substance unless

 

(a) expressly permitted by this Code; or

(b) the food additive or nutritive substance is naturally present in an ingredient of the food for infants.

 

(2) Food for infants may contain

 

(a) sugars, provided in the case of a vegetable juice, fruit drink or a non-alcoholic beverage, the total sugars content of the food is no more than 4 g/100 g; and

 

Editorial note:

 

Standard 2.6.1 defines ‘vegetable juice’ and Standard 2.6.2 defines ‘fruit drink’ and ‘non-alcoholic beverage’.

 

(b) lactic acid producing cultures; and

(c) either singularly or in combination, no more than 0.8 g/ 100 g of inulin-type fructans and galacto-oligosaccharides, as consumed.

 

(3) For paragraph 2(2)(c) the maximum permitted amount only applies when the substances are added. In that case the maximum permitted amount then applies to the sum of the naturally occurring and the added substances.

 

(4) Food for infants must not contain –

 

(a) more than 50 mg/100 g of total iron in cereal-based food on a moisture free basis; or

(b) honey, unless it has been treated to inactivate Clostridium botulinum spores; or

(c) more than the total quantity of sodium set out in column 2 of the Table to this paragraph for  each particular type of food for infants; or

(d) added salt, in the case of ready-to-eat fruit-based foods, fruit drink and vegetable juice.

 

Table to paragraph 2(4)(c)

 

Maximum permitted quantity of sodium in food for infants

 

Column 1

Column 2

Food Type

Maximum permitted quantity

Rusks

350 mg/100 g

Biscuits

300 mg/100 g

Flours, pasta, ready-to-eat foods for infants (including cereal-based foods other than rusks and biscuits)

100 mg/100 g

Vegetable juices and ready-to-eat fruit-based foods including, fruit drinks

100 mg/100 g

(5) Food for infants intended for infants under the age of 6 months must be formulated and manufactured to a consistency that minimises the risk of choking.

 

Editorial note:

 

The intent of subclause (5) is to ensure that the food, except in the case of rusks, should have a texture that is soft and free of lumps.

 

3 Additional compositional requirements for cereal-based foods

 

(1) Cereal-based food for infants which contains more than 70% cereal, on a moisture free basis, and is promoted as suitable for infants over the age of 6 months

 

(a) must contain no less than 20 mg iron/100 g on a moisture free basis; and

(b) may contain added iron in the following forms –

 

(i) electrolytic iron; or

(ii) reduced iron; or

(iii) in the permitted forms set out in Schedule 1 of Standard 2.9.1; and

 

(c) may contain added thiamin, niacin, vitamin B6, vitamin C, folate, magnesium in the forms permitted in Schedule 1 of Standard 2.9.1; and

(d) may contain added vitamin C to a maximum level of 90 mg/100 g on a moisture free basis.

 

(2) Cereal-based food for infants which contains more than 70% cereal, on a moisture free basis, and is promoted as suitable for infants from 4 months of age may contain added

 

(a) iron in the following forms –

 

(i) electrolytic iron; or

(ii) reduced iron; or

(iii) in the permitted forms as set out in Schedule 1 of Standard 2.9.1; and

 

(b) vitamin C in the forms permitted in Schedule 1 of Standard 2.9.1 to a maximum level of 90 mg/100 g on a moisture free basis.

 

4 Additional compositional requirements for non-cereal-based foods

 

Foods for infants other than cereal-based food for infants

 

(a) in the case of vegetable juices, fruit drinks and gels, must contain no less than     25 mg/100 g of vitamin C; and

(b) in the case of fruit-based foods, may contain vitamin C or folate or both in the permitted forms set out in Schedule 1 of Standard 2.9.1.

 

5 Labelling

 

(1) This clause does not apply to packaged water.

 

(2) The label on a package of food for infants must not include a recommendation, whether express or implied, that the food is suitable for infants less than four months old.

 

(3) The label on a package of food for infants must include

 

(a) a statement indicating the consistency of the food; and

(b) a statement indicating the minimum age, expressed in numbers, of the infants for whom the food is recommended; and

(c) where the food is recommended for infants between the ages of 46 months, in association with the statement required by paragraph (b), the words

‘Not recommended for infants under the age of 4 months’; and

 

(d) where the added sugars content of the food for infants is more than 4 g/100 g, the word

 

‘sweetened’; and

 

(e) where honey has been used as an ingredient, in association with the word ‘honey, the word

 

‘sterilised’.

 

6 Additional labelling requirements relating to specific nutrients and energy information

 

(1) In this clause, food source of protein means milk, eggs, cheese, fish, meat (including poultry), nuts and legumes.

 

(1A) Where a reference is made in the label on a package of food for infants (including in the name of the food) to a food source of protein, the percentage of that food source of protein in the final food must be declared in the label.

 

(2) Where a food for infants contains more than 3 g of protein / 100 kJ, the label on the package must include the words –

 

‘Not suitable for infants under the age of 6 months’.

 

(3) A claim must not be made, whether express or implied, that a food for infants is a source of protein unless no less than 12% of the average energy content of the food is derived from protein.

 

Editorial note:

 

Average energy content is defined in Standard 1.2.8.

 

7 Representations

 

(1) A food must not be represented as being the sole or principal source of nutrition for infants.

 

(2) The label on a package of food for infants must not include a recommendation that the food can be added to bottle feeds of an infant formula product.

 

8 Claims about vitamins and minerals

 

(1) A claim must not be made, whether express or implied, in relation to a food for infants comparing the vitamin or mineral content of the food with that of any other food unless such a claim is expressly permitted elsewhere in this Standard.

 

(2) A claim, either express or implied, as to the presence of a vitamin or mineral in a food for infants may be made if the food contains in a normal serve at least 10% of the RDI as specified in Table 2 to this clause or at least 10% of the ESADDI as specified in Table 3 to this clause, for that vitamin or mineral.

 

(3) A claim, either express or implied, that a food for infants is a good source of a vitamin or mineral may be made if a reference quantity of the food contains at least 25% of the RDI as specified in Table 2 to this clause or at least 25% of the ESADDI as specified in Table 3 to this clause.

 

(4) A claim, whether expressed or implied, must not be made in relation to a fruit-based food for infants that the food contains more than

 

(a) 60 mg/100 g of vitamin C; or

(b) 150 µg/100 g of folate.

(5) A claim must not be made, whether express or implied, in relation to a cereal-based food for infants to which a vitamin or mineral has been added, that the food contains in a normal serve that vitamin or mineral in a quantity greater than that specified in relation to that vitamin or mineral in column 2 of Table 1 to this clause.

 

Table 1 to clause 8

 

Maximum claims per serve for cereal-based foods for infants

 

Column 1

Column 2

Vitamins & Minerals

Maximum claim per serve

Thiamin (mg)

15% RDI

Niacin* (mg)

15% RDI

Folate (µg)

10% RDI

Vitamin B6 (mg)

10% RDI

Vitamin C (mg)

10% RDI

Magnesium (mg)

15% RDI

 

Table 2 to clause 8

 

Recommended Dietary Intake for infants

 

Column 1

Column 2

Vitamins & Minerals

Specified RDI

Vitamin A

300 µg as retinol equivalents1

Thiamin

0.35 mg

Riboflavin

0.6 mg

Niacin

3 mg as niacin2

Folate

75 µg

Vitamin B6

0.45mg

Vitamin B12

0.7 µg

Vitamin C

30 mg in total of L-ascorbic acid and dehydroascorbic acid

Vitamin D

5 µg cholecalciferol3

Vitamin E

4 mg alpha-tocopherol equivalents4

Vitamin K

10 µg phylloquinone

Calcium

550 mg

Iodine

60 µg

Iron

9 mg, in the case of infants from 6 months

Iron

3 mg, in the case of infants under 6 months

Magnesium

60 mg

Phosphorus

300 mg

Selenium

15 µg

Zinc

4.5 mg

# - These figures represent US Adequate Intake Levels

1, 2, 3, and 4 – these numbers refer to the corresponding

numbers in the footnotes in Schedule 1 in Standard 1.1.1

 

Table 3 to clause 8

 

Estimated Safe and Adequate Daily Dietary Intake for infants

 

Column 1

Column 2

Vitamins & Minerals

Specified ESADDI

Biotin# (µg)

6

Pantothenic Acid (mg)#

1.8

Copper (mg)

0.65

Manganese (mg)

0.8

Chromium (µg)

40

Molybdenum (µg)

30

# - These figures represent US Adequate Intake Levels

 

9 Nutrition information

 

(1) The following provisions of Standard 1.2.8 do not apply to a food standardised by this Standard –

 

(a) paragraph 3(j); and

(b) subclause 4(4); and

(c) paragraph 5(1)(e) as it relates to saturated fat; and

(d) subclauses 5(2), 5(4) and 5(5); and

(e) clause 7; and

(f) clause 8; and

(g) clause 8A; and

(h) clause 9.

 

(1A) The conditions in Schedule 1 of Standard 1.2.7 that require the potassium content of a food to be indicated in the nutrition information panel do not apply to a food standardised by this Standard.

 

(2) The nutrition information panel for food for infants must be set out in the following format

 

NUTRITION INFORMATION

Servings per package:   (insert number of servings)

 

Serving size:  g (or mL or other units as appropriate)

 

 

Quantity per Serving

 

 

Quantity per 100g

(or 100 mL)

 

Energy

kJ (Cal)

kJ (Cal)

Protein

g

g

Fat, total

g

g

- (insert claimed fatty acids)

g

g

Carbohydrate

g

g

- sugars

g

g

Sodium

mg (mmol)

mg (mmol)

(insert any other nutrient or biologically active substance to be declared)

 

g, mg, µg (or other units as appropriate)

 

g, mg, µg (or other units as appropriate)

 

10 Food in dehydrated or concentrated form

 

(1) The label on a package of food in dehydrated or concentrated form must include directions for how the food should be reconstituted, and the particulars set out in each column of the panel must be expressed as a proportion of the food as reconstituted according to those directions.

 

(2) If more than one fluid for preparing the food is nominated in the label, the particulars set out in the column should be adjusted according to the first liquid nominated and the name of this liquid must be included in the Nutrition Information Panel.

 


11 Storage requirements

 

The label on a package of food for infants must contain storage instructions covering the period after it is opened.


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 a compilation of Standard 2.9.2 as in force on 7 December 2015 (up to Amendment No. 159). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 7 December 2015.

 

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 Legislative Instruments 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 2.9.2 was published in the Commonwealth of Australia Gazette No. P 30 on 20 December 2000 as part of Amendment No. 60 (F2008B006593 October 2008) and has been amended as follows:

 

Clause affected

A’ment No.

FRLI registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

Purpose

103

F2008L03741

9 Oct 2008

FSC45

9 Oct 2008

9 Oct 2008

rs

Third paragraph of the Purpose.

Purpose

124

F2011L01450

8 July 2011

FSC66

11 July 2011

 

11 July 2011

am

Clarify meaning of 1st paragraph.

1

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

rep

Editorial note after the definition of ‘sugars’.

1

103

F2008L03741

9 Oct 2008

FSC45

9 Oct 2008

9 Oct 2008

rs

Clause heading.

1

103

F2008L03741

9 Oct 2008

FSC45

9 Oct 2008

9 Oct 2008

rs

Definition of ‘sugars’.

1

124

F2011L01450

8 July 2011

FSC66

11 July 2011

 

11 July 2011

rs

Reference to ‘and/or’ in the definition of ‘food for infants’ replaced with ‘or’.

2(2)(a), 5

64

23 Dec 2008

F2008B00810

FSC6

13 December 2002

13 December 2002

rs

Reference to sugars in certain beverages including in Editorial notes.

2(2)(b)

105

F2009L00076

15 Jan 2009

FSC47

15 Jan 2009

15 Jan 2009

rs

Paragraph .

2(2)(c)

142

30 July 2013

F2013L01465

FSC84

1 Aug 2013

1 Aug 2013

rs

‘Inulin-derived  substances’ replaced with ‘inulin-type fructans’.

2(3)

105

F2009L00076

15 Jan 2009

FSC47

15 Jan 2009

15 Jan 2009

ad

New subclause

2(3)

105

F2009L00076

15 Jan 2009

FSC47

15 Jan 2009

15 Jan 2009

rs

To replace and re-number the subclause and related Table heading.

2(5)

105

F2009L00076

15 Jan 2009

FSC47

15 Jan 2009

15 Jan 2009

ad

New subclause.

Table to clause 2(3)(c)

64

23 Dec 2008

F2008B00810

FSC6

13 December 2002

13 December 2002

rs

Reference to ready-to-eat foods and vegetable juices.

2(3)(d)

64

23 Dec 2008

F2008B00810

FSC6

13 December 2002

 

13 December 2002

rs

Reference to added salt.

3

124

F2011L01450

8 July 2011

FSC66

11 July 2011

11 July 2011

am

Punctuation error.

3(1)(b)(c)

64

23 Dec 2008

F2008B00810

FSC6

13 December 2002

13 December 2002

rs

References to added iron and certain vitamins and minerals.

3(2)(a)

64

23 Dec 2008

F2008B00810

FSC6

13 December 2002

 

13 December 2002

rs

References to added iron and certain vitamins and minerals.

4(a)

64

23 Dec 2008

F2008B00810

FSC6

13 Dec 2002

13 December 2002

rs

References to added iron and certain vitamins and minerals.

4(b)

124

F2011L01450

8 July 2011

FSC66

11 July 2011

 

11 July 2011

am

Reference to ‘and/or’ replaced with ‘or folate or both’.

5

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

rep

Editorial note after clause.

5(3)(d)

103

F2008L03741

9 Oct 2008

FSC45

9 Oct 2008

 

9 Oct 2008

rs

Replace ‘exceeds’ with ‘is more than’.

6(1)

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

14 Aug 2008

rep

Editorial note after subclause.

6(1)

103

F2008L03741

9 Oct 2008

FSC45

9 Oct 2008

9 Oct 2008

rs

Subclause.

6(2)

150

F2014L01427

28 Oct 2014

FSC92

30 Oct 2014

 

30 Oct 2014

am

Subclause to clarify meaning.

9(1)

138

F2013L00050

14 Jan 2013

FSC80

18 Jan 2013

18 Jan 2013

rs

Amendment relating to Standard 1.2.7.

9(1)

159

F2015L01930

3 Dec 2015

FSC101

7 Dec 2015

7 Dec 2015

 

rs

Consequential amendments arising from amendments to Standard 1.2.8.

See clause 1A of Standard 1.1.1 for transitional arrangements.

9(1)(a)(g)

62

F2008B00807

19 Dec 2008

FSC4

17 Sept 2002

17 Sept 2002

rs

Listing of exemptions to the provisions of Standard 1.2.8.

9(1)(b)

69

F2008B00816

24 Dec 2008

FSC11

17 Dec 2003

17 Dec 2003

rs

Cross-reference to an exemption for 5(1)(e) as it relates to saturated fat .

9(1A)

138

F2013L00050

14 Jan 2013

FSC80

18 Jan 2013

18 Jan 2013

ad

Insertion relating to Standard 1.2.7.

9(2)

62

F2008B00807

19 Dec 2008

FSC4

17 Sept 2002

17 Sept 2002

rs

Subclause

9(2)

69

F2008B00816

24 Dec 2008

FSC11

17 Dec 2003

17 Dec 2003

rs

Nutrition information panel to insert a reference to the sodium.

9(3)

62

F2008B00807

19 Dec 2008

FSC4

17 Sept 2002

 

17 Sept 2002

rs

Renumber 9(3) as 9(2) repealed.

10

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

 

14 Aug 2008

rep

Editorial note after clause’.

10

103

F2008L03741

9 Oct 2008

FSC45

9 Oct 2008

 

9 Oct 2008

rs

Clause.

11

101

F2008L03058

14 Aug 2008

FSC43

14 Aug 2008

 

14 Aug 2008

rep

Editorial note after clause.

 

 

Overview

Standard 2.9.2, titled "Foods for Infants," was enacted to address the specific nutritional and compositional requirements for foods intended for infants, excluding infant formula products, formulated meal replacements, formulated supplementary foods, and unprocessed fruit and vegetables. This Standard was introduced to ensure that foods for infants meet the unique nutritional needs of infants, considering factors such as their digestion ability, renal capacity, and the need for high energy and nutrient intake to support rapid growth. Additionally, it addresses the microbiological and immunological susceptibility of infants, including the potential for the development of food allergies. The Standard was enacted by the Parliament under section 92 of the Food Standards Australia New Zealand Act 1991, with the policy objective of ensuring the safety and nutritional adequacy of foods intended for infants.

Scope and Application

Standard 2.9.2 applies to foods intended or represented for use as food for infants, excluding infant formula products, formulated meal replacements, formulated supplementary foods, and unprocessed fruit and vegetables. It sets compositional, including nutritional, and labelling requirements for such foods, recognising the specific needs of infants, such as their digestion ability, renal capacity, and susceptibility to food allergies. The Standard applies to foods intended to be fed to infants in addition to human milk or infant formula products or both. It does not apply to packaged water, infant formula products, formulated meal replacements, formulated supplementary foods, and unprocessed fruit and vegetables. The Standard applies nationally across the Commonwealth of Australia. It extends through subordinate instruments, such as amendments to the Standard, which are made under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard includes exclusions, such as packaged water and infant formula products, and exemptions, such as certain compositional requirements for foods intended for infants under the age of six months.

Key Provisions

Standard 2.9.2 pertains to foods for infants and outlines specific compositional and labelling requirements for such foods, ensuring they meet the nutritional and safety standards appropriate for infants. Foods covered under this Standard are intended for use in addition to human milk or infant formula products. It is crucial to note that this Standard does not apply to infant formula products, formulated meal replacements, or formulated supplementary foods, which are regulated under different provisions. The Standard takes into account the unique nutritional needs of infants, including their digestion ability, renal capacity, and the necessity for high energy and nutrient intake to support rapid growth. Additionally, it recognises the microbiological and immunological susceptibility of infants, including the potential for developing food allergies. The Standard imposes several compositional requirements on food manufacturers. Firstly, foods for infants must not contain any food additives or nutritive substances unless expressly permitted by this Code or naturally present in an ingredient of the food. Additionally, foods for infants may contain certain ingredients such as sugars (with specific limits in vegetable juices, fruit drinks, or non-alcoholic beverages), lactic acid producing cultures, and inulin-type fructans and galacto-oligosaccharides, but only up to specified amounts. Foods for infants must also adhere to specific limits for total iron, sodium, and must not contain honey unless it has been treated to inactivate Clostridium botulinum spores. Furthermore, cereal-based foods must meet certain iron and vitamin content requirements, while non-cereal-based foods must contain specified amounts of vitamin C. Regarding labelling requirements, the Standard mandates that labels on food packages for infants must include statements indicating the consistency of the food and the minimum age of infants for whom the food is recommended. For foods recommended for infants between 4–6 months, labels must also include a statement indicating that the food is not recommended for infants under the age of 4 months. If the added sugars content exceeds 4 g/100 g, the label must include the word 'sweetened'. If honey is used as an ingredient, the label must include the word 'sterilised' in association with the word 'honey'. Furthermore, labels must not include any recommendation that the food is suitable for infants under four months old or that it can be added to bottle feeds of an infant formula product. There are also specific provisions regarding claims about vitamins and minerals. No claims can be made comparing the vitamin or mineral content of the food with that of any other food unless expressly permitted elsewhere in this Standard. Claims about the presence of vitamins or minerals can be made if the food contains at least 10% of the RDI or ESADDI for that vitamin or mineral in a normal serve. Claims stating that a food is a good source of a vitamin or mineral can be made if a normal serve contains at least 25% of the RDI or ESADDI. There are also specific limits on claims that can be made for fruit-based foods and cereal-based foods to which vitamins or minerals have been added. Breaching the provisions of this Standard can result in legal consequences. While the Standard does not specify particular offences, penalties, or civil/criminal consequences, non-compliance may lead to enforcement actions under the broader legislative framework, including potential fines or other penalties as prescribed by relevant laws. The specific consequences would depend on the nature and severity of the breach, as well as the applicable statutory provisions.

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Legislative Instrument
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Definitions & Interpretation
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