Australia New Zealand Food Standards Code – Transitional Variation 2015 (P1038 – Vitamin & Mineral Claims & Sodium Claims about Food containing Alcohol)

Administered by Department of Health, Disability and Ageing

Legislation au F2015L01929 Not in force Legislative Instrument

Legislation content

Explanatory Statement

1. Authority

 

Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides that the functions of Food Standards Australia New Zealand (the Authority) include the development of standards and variations of standards for inclusion in the Australia New Zealand Food Standards Code (the Code).

 

Division 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures.

 

FSANZ prepared Proposal P1038 to address an inconsistency in the conditions for vitamin and mineral claims between Standards 1.2.7 and 1.3.2 and to permit nutrition content claims about salt and sodium in relation to foods (excluding beverages) containing more than 1.15% alcohol by volume. The Authority considered the Proposal in accordance with Division 2 of Part 3 and has approved a draft Standard.

 

Following consideration by the Australia and New Zealand Ministerial Forum on Food Regulation[1], section 92 of the FSANZ Act stipulates that the Authority must publish a notice about the standard or draft variation of a standard.

 

Section 94 of the FSANZ Act specifies that a standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument, but is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003.

 

2. Purpose

 

The Authority has approved a draft variation to rectify a discrepancy in the conditions required to make a nutrition content claim about a vitamin or mineral in food. The current conditions require a minimum of 10% of the RDI or ESADDI per serving of the food. The amended conditions will allow a minimum of 10% of the RDI or ESADDI per reference quantity of the food, if certain conditions are met. 

 

The Authority has also approved a draft variation to permit nutrition content claims about salt and sodium in relation to food (not a beverage) containing more than 1.15% alcohol by volume.

 

3. Documents incorporated by reference

 

The variations to food regulatory measures do not incorporate any documents by reference.

 

4. Consultation

 

In accordance with the procedure in Division 2 of Part 3 of the FSANZ Act, the Authority’s consideration of Proposal P1038 included one round of public consultation following an assessment and the preparation of a draft Standard and associated report. 


A Regulation Impact Statement was not required because the recommended variations to Standard 1.2.7 are of a minor nature. 

 

5. Statement of compatibility with human rights

 

This instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act.

 

6. Variation

 

Item [1] amends subsections 1.2.7—4 (1) and (2), by inserting a reference to salt or sodium content about a food that is not a beverage. The effect of the amendment is to add permission for nutrition content claims about salt and sodium content to be made in relation to a food (not a beverage) that contains more than 1.15% alcohol by volume.

 

Any nutrition content claim made about the salt or sodium content of a food would have to be made in accordance with the conditions specified in sections 1.2.7—12 and S4—3.

 

Item [2.1] inserts definitions for maximum claimable amount and reference quantity at the beginning of section S4—2. These defined terms are then used in the amended entry for Vitamin or mineral (not including potassium or sodium) in Schedule 4. The maximum claimable amount is the maximum amount of a vitamin or mineral that can be claimed, as prescribed by section 1.3.2—4 or 1.3.2—5. The reference quantity is the reference quantity specified for the food in the Table to S17—4.

 

Item [2.2] amends Schedule 4 by varying the general claim conditions for making a nutrition content claim for a vitamin or mineral (not including potassium or sodium).

 

The effect of the amendment is to provide an exemption from the general claim condition at paragraph (b) that requires a serving of the food contains at least 10% of the RDI or ESADDI for that vitamin or mineral. The exemption applies if each of the following exists:

 

  • A maximum claimable amount is prescribed by section 1.3.2—4 or 1.3.2—5 of Standard 1.3.2 for the claimed vitamin or mineral.

 

  • The serving of the food (as specified by the supplier) is less than the reference quantity for the food as specified in the Table to S17—4.

 

  • The maximum claimable amount (per reference quantity) for the claimed vitamin or mineral is less than 10% of the RDI or ESADDI per serving.

 

  • The reference quantity contains at least 10% of the RDI or ESADDI for the vitamin or mineral.

 

In other words, if the maximum claimable amount is less than the required 10% of the RDI or ESADDI per serving, a nutrition content claim may still be made if the reference quantity of the same food contains 10% of the RDI or ESADDI.

 

[1] convening as the Australia and New Zealand Food Regulation Ministerial Council

Overview

The Food Standards Australia New Zealand Act 1991 (the FSANZ Act) was enacted to provide a framework for the regulation of food standards in Australia and New Zealand, ensuring that food sold in both countries is safe and properly labelled. The Act establishes Food Standards Australia New Zealand (FSANZ) as the primary body responsible for developing and maintaining food standards, and it was introduced to address the need for consistent and effective food regulation across the two countries. The explanatory statement for the legislative instrument F2015L01929 indicates that the Authority, as provided for under section 13 of the FSANZ Act, has approved a draft variation to food regulatory measures. This variation aims to correct a discrepancy in the conditions for making vitamin and mineral claims and to allow nutrition content claims about salt and sodium for foods containing more than 1.15% alcohol by volume, excluding beverages. The legislative instrument was subject to one round of public consultation and has been approved by the Australia and New Zealand Ministerial Forum on Food Regulation. The Authority’s consideration of Proposal P1038 was conducted in accordance with the procedures outlined in Division 2 of Part 3 of the FSANZ Act, ensuring that the draft standard aligns with the objectives of the Act.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) authorises Food Standards Australia New Zealand (FSANZ) to develop and amend food standards and regulations that apply to food sold within Australia and New Zealand. Proposal P1038, approved by FSANZ, aims to correct inconsistencies in vitamin and mineral claims and to allow nutrition content claims about salt and sodium in food containing more than 1.15% alcohol by volume. This proposal follows the procedure outlined in Division 2 of Part 3 of the FSANZ Act and has been subject to public consultation. The draft variation, which is not subject to disallowance or sunsetting under the Legislative Instruments Act 2003, amends the existing food standards to allow for more flexible nutrition content claims, provided certain conditions are met. These conditions include specifying the maximum claimable amount and the reference quantity for the claimed vitamin or mineral. The amendments apply to the food industry, specifically to those entities manufacturing and selling food products within Australia and New Zealand. The legislation does not incorporate any external documents by reference, and a Regulation Impact Statement was not deemed necessary due to the minor nature of the recommended variations.

Key Provisions

The key provisions of the legislation revolve around amendments to the Australia New Zealand Food Standards Code, specifically addressing nutrition content claims for vitamins, minerals, salt, and sodium in foods. Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) authorises the Authority to develop standards and variations for the Code. In this instance, Proposal P1038, which was considered and approved by the Authority, has resulted in a draft variation. This variation rectifies a discrepancy in the conditions required to make a nutrition content claim about a vitamin or mineral in food. The current conditions require a minimum of 10% of the RDI or ESADDI per serving of the food, but the amendment allows a minimum of 10% of the RDI or ESADDI per reference quantity of the food, provided certain conditions are met. The obligations imposed by the Act on the parties or entities it governs include the requirement for the Authority to consider proposals for the development or variation of food regulatory measures and to publish a notice about the standard or draft variation of a standard as specified in sections 92 and 94 of the FSANZ Act. The Authority must follow the procedure outlined in Division 2 of Part 3, which includes public consultation. The variations approved in this case do not incorporate any documents by reference. Additionally, the Authority must ensure that the variations are compatible with human rights, although this particular instrument is exempt from the requirements for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act. The legislation also outlines the consequences for breach, although specific offences and penalties are not detailed in the explanatory statement. Generally, under the FSANZ Act, non-compliance with food standards could result in enforcement actions, fines, or other civil or criminal penalties as determined by relevant authorities. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the broader legislative framework governing food safety and standards in Australia.

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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.