Food Standards (Application A1134 – Increased Concentration of Plant Sterols in Breakfast Cereals) Variation

Administered by Department of Health, Disability and Ageing

Legislation au F2017L00584 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.

 

FSANZ accepted Application A1134 – Increased Concentration of Plant Sterols in Breakfast Cereals, which seeks to amend current novel food permissions for plant sterols added to breakfast cereals to allow increased concentrations. The Authority considered the Application in accordance with Division 1 of Part 3 and has prepared 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 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 Legislation Act 2003.

 

2. Purpose

 

The Authority has approved a variation to the Code is to permit an increased amount of phytosterols, phytostanols and their esters (referred to collectively as ‘plant sterols’) to be added to specified breakfast cereals that meet specified nutrient criteria.

 

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 1 of Part 3 of the FSANZ Act, the Authority’s consideration of Application A1134 included one round of public consultation following an assessment and the preparation of a draft variation and associated assessment summary.

 

A Regulation Impact Statement was not required because the proposed variation to Schedule 25 are unlikely to have a regulatory impact on business, community organisations, government, or 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

 

Item [1] amends the table to section S25—2 by omitting existing condition 3 under the entry for ‘Phytosterols, phytostanols and their esters’ in the table; and substituting new conditions 3, 3A and 3B.

 

Condition 3 states that phytosterols, phytostanols and their esters may only be added to breakfast cereals, not including breakfast cereal bars, if:

 

(a) the total fibre content of the breakfast cereal is no less than 3 g/50 g; and

(b) the breakfast cereal contains no more than 30 g/100 g of total sugars; and

(c) the total plant sterol equivalents content is the prescribed amount.

 

Condition 3A relates to paragraph (c) in Condition 3 and states the meaning of ‘prescribed amount’ as follows:

 

(a) the prescribed amount during the exclusive use period is:

 

(i) for breakfast cereals sold under the brands Sanitarium Health and Wellbeing or Weet-Bix – an amount that is no less than 0.5 g per serving and no more than 2.2 g per serving; and

(ii) for all other breakfast cereals – an amount that is no less than 15 g/kg and no more than 19 g/kg; and

 

(b)  the prescribed amount after the end of the exclusive use period is an amount that is no less than 0.5 g per serving and no more than 2.2 g per serving.

  

Condition 3B defines ‘exclusive use period’ to be the period commencing on the date of gazettal of the variation and ending 15 months after that date. This means that the new permission will apply exclusively to breakfast cereals sold under the brands Sanitarium Health and Wellbeing or Weet-Bix during an exclusive use period of 15 months commencing on the date of gazettal of the variation (exclusive use permission).

 

Once this period ends, the exclusive use permission would revert to a general permission, replacing the existing permission relating to the addition of plant sterols in breakfast cereals. This means that the permission for the addition of the increased amount of plant sterols in breakfast cereals will then apply to all brands of breakfast cereals that meet specified nutrient criteria.

 

 

Overview

The F2017L00584 legislation was enacted to address the need for updating the regulatory measures governing the addition of plant sterols to breakfast cereals, as per the Food Standards Australia New Zealand Act 1991. The Act was introduced to ensure that the Food Standards Australia New Zealand (FSANZ) could efficiently manage and update food standards in line with scientific advancements and public health needs. This legislative instrument was developed following the acceptance and consideration of Application A1134, which sought to increase the concentration of plant sterols in breakfast cereals. FSANZ undertook a round of public consultation as mandated by the Act before approving the variation. The purpose of this legislative instrument is to amend the Australia New Zealand Food Standards Code to permit higher amounts of plant sterols in specified breakfast cereals that meet particular nutrient criteria. This change is intended to facilitate the inclusion of increased concentrations of these beneficial compounds in breakfast cereals, thereby potentially enhancing their health benefits.

Scope and Application

The legislation, F2017L00584, pertains to a variation of the Australia New Zealand Food Standards Code concerning the increased concentration of plant sterols in breakfast cereals. This Act applies to food manufacturers and processors within the food industry, particularly those involved in producing breakfast cereals that meet specific nutrient criteria. The geographic reach of this legislation is national, as it pertains to both Australia and New Zealand under the jurisdiction of Food Standards Australia New Zealand (FSANZ). The Act does not apply to breakfast cereal bars, thereby excluding them from the scope of permitted additions of plant sterols. This legislative instrument is exempt from parliamentary disallowance and sunsetting provisions under the Legislation Act 2003, and it does not require a statement of compatibility with human rights due to its non-disallowable nature. The variation allows for increased concentrations of plant sterols in specified breakfast cereals but introduces an exclusive use period for certain brands, after which the permissions revert to a general application for all compliant brands.

Key Provisions

The key provisions of the legislation (F2017L00584) involve the variation of the Australia New Zealand Food Standards Code to allow for increased concentrations of plant sterols in specified breakfast cereals (Section 13, FSANZ Act). This variation follows the acceptance and consideration of Application A1134 by Food Standards Australia New Zealand (FSANZ) in accordance with Division 1 of Part 3 of the FSANZ Act. The Authority must publish a notice of this draft variation under section 92 of the FSANZ Act, and once published, it becomes a legislative instrument under section 94, albeit not subject to parliamentary disallowance or sunsetting. The primary objective is to permit an increased amount of plant sterols to be added to certain breakfast cereals meeting specific nutrient criteria (Purpose, FSANZ Act). The Act imposes several obligations on the parties and entities it governs. FSANZ is required to consider applications for variations to food regulatory measures and to follow the stipulated procedures, including public consultation, as outlined in Division 1 of Part 3 of the FSANZ Act. Additionally, FSANZ must ensure that any draft variations meet the criteria set forth in the Code, specifically concerning the nutrient content of the breakfast cereals to which plant sterols can be added. The entities responsible for producing these breakfast cereals must also adhere to the newly established conditions regarding the total fibre content, total sugars, and the permissible amount of plant sterols, as detailed in the amended conditions 3, 3A, and 3B in section S25-2 of the Code. Failure to comply with the provisions of this legislation may result in civil or criminal consequences, although specific penalties are not detailed within the explanatory statement. The consequences of non-compliance would typically depend on the nature and severity of the breach, as governed by the relevant legislation and enforcement mechanisms. The FSANZ Act and other related regulatory frameworks would provide the basis for any enforcement actions, which could include fines, corrective orders, or other regulatory sanctions. The precise penalties would be determined in the context of the specific breach and the applicable legal provisions.

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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.