Food Standards (Application A1129 – Monk Fruit Extract as a Food Additive) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2019L00037 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 1 of Part 3 of the FSANZ Act specifies that the Authority may accept applications for the development or variation of food regulatory measures, including standards. This Division also stipulates the procedure for considering an application for the development or variation of food regulatory measures.

 

The Authority accepted Application A1129 which seeks to permit the use of monk fruit extract as a food additive to perform the technological purpose of an intense sweetener. The Authority considered the application in accordance with Division 1 of Part 3 and has approved a draft variation.

 

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

 

Section 94 of the FSANZ Act specifies that 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 Legislation Act 2003.

 

2. Purpose

 

The purpose of the variations is to permit the use of monk fruit extract (luo han guo extract) as a food additive to perform the technological purpose of an intense sweetener at GMP, by listing in: the tables to section S16—2, and; for confectionery (food category 5) and formulated beverages (food category 14.1.4) in the table to section S15—5. The permission for 14.1.4 has a condition that the limitation on use of intense sweeteners imposed by section 1.3.1—5 does not apply, enabling that food additive to be used in formulated beverages at levels greater than just to replace the sweetness of sugars.

 

3. Documents incorporated by reference

 

The variation to food regulatory measures does not incorporate any documents by reference.

 

Existing provisions of the Code incorporate a document by reference that will prescribe identity and purity specifications for the food additive to be permitted by the approved variation. Section 1.1.1—15 of the Code requires substances used as food additives to comply with any relevant identity and purity specifications listed in Schedule 3 of the Code. Section S3—2 of Schedule 3 incorporates by reference the specifications listed in the United States Pharmacopeial Convention (2016) Food Chemicals Codex (10th edition). These include a specification for monk fruit extract.

 

4. Consultation

 

In accordance with the procedure in Division 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1129 included one round of public consultation following an assessment and the preparation of a draft variation and associated report. Submissions were called for on 20 July 2018 for a six-week consultation period.

 

A Regulation Impact Statement was not required because the proposed variations are likely to have a minor impact on business and individuals.

 

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

 

6.1 Variation to Schedule 8

 

Item [1] varies Schedule 8.

 

Item [1.1] varies the table to subsection S8—2 entitled ‘Food additive names—alphabetical listing’ by inserting into that table, in alphabetical order, a new entry for “monk fruit extract or luo han guo extract”. 

 

Item [1.2] varies the table to subsection S8—2 entitled ‘Food additive names—numerical listing’ by inserting above that table’s entry for ‘Sodium hydrosulphite’ a new entry for “monk fruit extract or luo han guo extract”.

 

The effect of these amendments is that “monk fruit extract” or “luo han guo extract” are the food additive names for monk fruit extract, for labelling purposes. The numerical column for each new entry has been left blank as monk fruit extract has no assigned INS code number.

 

6.2 Variation to Schedule 15

 

Item [2] varies Schedule 15.

 

Item [2.1] inserts in item 5 of the table to section S15—5, after the heading  ‘Confectionery’, a reference to ‘monk fruit extract (luo han guo extract)’ with a maximum permitted level of ‘GMP’.

 

Item

 [2.2] inserts into item 14.1.4 of the table to section S15—5, after the entry for ‘Colourings permitted to a maximum level’, a reference to ‘monk fruit extract (luo han guo extract)’ with a maximum permitted level of ‘GMP’ and with a condition that section 1.3.1—5 does not apply.

 

The effect of these amendments is to permit the use of monk fruit extract (luo han guo extract) as a food additive in the above mentioned classes of food (food categories), up to a maximum permitted level consistent with Good Manufacturing Practice, with a condition for formulated beverages (14.1.4) that the limitation on the use of intense sweeteners imposed by section 1.3.1—5 does not apply.

 

6.3 Variation to Schedule 16

 

Item [3] varies Schedule 16.

 

Item [3.1] varies the table to section S16—2 entitled ‘Additives permitted at GMP—alphabetical listing’ by inserting into that table, in alphabetical order, a reference to ‘monk fruit extract (luo han guo extract)’.

 

Item [3.2] varies the table to section S16—2 entitled ‘Additives permitted at GMP—numerical listing’ by inserting above that table’s entry for ‘Permitted flavouring substances, excluding quinine and caffeine’ a reference to ‘monk fruit extract (luo han guo extract)’.

 

The effect of these amendments is to permit the use of monk fruit extract (luo han guo extract) as an ‘additive permitted at GMP’.

 

Overview

The Food Standards Australia New Zealand Amendment (Monk Fruit Extract) Determination 2019 (F2019L00037) was enacted to address the need for the inclusion of monk fruit extract as a food additive in the Australia New Zealand Food Standards Code. This determination was made under the authority provided by the Food Standards Australia New Zealand Act 1991 (FSANZ Act), which empowers Food Standards Australia New Zealand (FSANZ) to develop food regulatory measures, including standards. Following the acceptance and approval of an application (A1129) by FSANZ, and subsequent endorsement by the Australia and New Zealand Ministerial Forum on Food Regulation, this instrument seeks to amend the Code to permit the use of monk fruit extract as an intense sweetener in certain food categories. The policy objective is to allow the use of this natural sweetener in food products, ensuring it meets Good Manufacturing Practice standards while considering the specific needs of different food categories. This amendment 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.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) provides for the development and variation of food regulatory measures, including standards, by Food Standards Australia New Zealand (the Authority). The Authority accepted Application A1129, which seeks to permit the use of monk fruit extract as a food additive for intense sweetening purposes. Following the Authority's consideration and approval of a draft variation in accordance with the FSANZ Act, the Authority is required to publish a notice about the draft variation. The variations to the Australia New Zealand Food Standards Code permit the use of monk fruit extract (luo han guo extract) as a food additive to perform the technological purpose of an intense sweetener, by listing it in the tables to sections S15—5 and S16—2, with specified conditions for its use in formulated beverages. The variations do not incorporate any documents by reference, but existing provisions of the Code incorporate by reference the specifications listed in the United States Pharmacopeial Convention (2016) Food Chemicals Codex (10th edition) for substances used as food additives. The Authority's consideration of the application included one round of public consultation. The variations are a legislative instrument but are not subject to parliamentary disallowance or sunsetting.

Key Provisions

The main operative sections of this legislation (F2019L00037) involve variations to the Australia New Zealand Food Standards Code (the Code), specifically Schedules 8, 15, and 16. These variations (sections 6.1 to 6.3) are designed to permit the use of monk fruit extract (luo han guo extract) as a food additive in certain food categories. For instance, Schedule 8 (section 6.1) updates the alphabetical and numerical listings of food additive names to include monk fruit extract, which will now be used for labelling purposes. Schedule 15 (section 6.2) allows the use of monk fruit extract as a sweetener in confectionery and formulated beverages up to a maximum permitted level consistent with Good Manufacturing Practice (GMP). A notable condition in Schedule 15 is that the limitation on the use of intense sweeteners imposed by section 1.3.1—5 does not apply to formulated beverages, allowing higher levels of monk fruit extract than just to replace the sweetness of sugars. Schedule 16 (section 6.3) further permits the use of monk fruit extract as an additive permitted at GMP. The obligations and requirements imposed by this Act on the parties or entities it governs primarily involve the proper labelling and use of monk fruit extract as a food additive. Food manufacturers and processors must ensure that monk fruit extract is listed correctly in Schedules 8, 15, and 16 of the Code. For confectionery and formulated beverages, they must adhere to the specified GMP levels when using monk fruit extract. Additionally, for formulated beverages, they must be aware that the usual limitations on intense sweeteners do not apply, allowing for higher usage levels. The Authority must also publish a notice about the draft variation of a standard in accordance with section 92 of the FSANZ Act, and the variation itself is considered a legislative instrument under section 94, although it is not subject to parliamentary disallowance or sunsetting. Breaches of the provisions outlined in this legislation could result in significant consequences. Although specific offences and penalties are not detailed in the provided explanatory statement, violations of food standards typically fall under the Food Act 2003 (Cth) and associated regulations, which can include substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but they could range from fines of thousands to millions of dollars for corporate entities, with potential criminal penalties for individuals responsible for the breach. It is also worth noting that any misleading or deceptive representations concerning the use of monk fruit extract could attract additional penalties under consumer protection laws.

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Food Law
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Regulatory Standards
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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.