Federal Register of Legislation - Australian Government

Primary content

Food Standards as made
This instrument amends food standards in the Australia New Zealand Food Standards Code.
Administered by: Health
General Comments: This instrument varies the Australia New Zealand Food Standards Code by inserting Standard - 2.10.3 - Chewing Gum.
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(1), Food Standards Australia New Zealand Act 1991 s 82(2)
Registered 16 Jul 2009
Tabling HistoryDate
Tabled HR11-Aug-2009
Tabled Senate11-Aug-2009
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Australia New Zealand Food Standards Code – Amendment No. 110 – 2009

 

Food Standards Australia New Zealand Act 1991

 

Preamble

 

The variations set forth in the Schedule below are variations to Standards in the Australia New Zealand Food Standards Code published by the National Health and Medical Research Council in the Commonwealth of Australia Gazette, No. P 27, on 27 August 1987, which have been varied from time to time.

 

Citation

 

These variations may be collectively known as the Australia New Zealand Food Standards Code – Amendment No. 110 – 2009.

 

Commencement

 

These variations commence on 16 July 2009.

 

Note:  These variations were published in the Commonwealth of Australia Food Standards Gazette No. FSC 52 on 16 July 2009.

 

SCHEDULE

 

[1]          Standard 1.2.4 is varied by inserting after paragraph 2(a) –

 

(aa)        the food is water presented in packaged form as standardised in Standard 2.6.2;

 

[2]          Standard 1.3.3 is varied by –

 

[2.1]       omitting clause 11, substituting

 

11          Permitted processing aids used in packaged water and in water used as an ingredient in other foods

 

Subject to any qualifications in the Table to this clause, the processing aids listed in the Table may be used in the course of manufacture of packaged water and in water used as an ingredient in other foods provided the final food contains no more than the corresponding maximum permitted level specified in the Table.

 

[2.2]       omitting from the Table to clause 11

 

Hydrofluorosilic acid (fluorosilic acid)

GMP

Sodium fluoride

1.5

Sodium fluorosilicate (Sodium silicofluoride)

1.5

 

substituting

 

Hydrofluorosilicic acid (fluorosilicic acid) (only in water used as an ingredient in other foods)

1.5 (as fluoride)

Sodium fluoride (only in water used as an ingredient in other foods)

1.5 (as fluoride)

Sodium fluorosilicate (Sodium silicofluoride) (only in water used as an ingredient in other foods)

1.5 (as fluoride)

 

[2.3]       inserting after the Table to clause 11 –

 

Editorial note:

 

This clause contains the permissions for fluoride to be used in water that is used as an ingredient in other foods, but not in water presented in packaged form.  Standard 2.6.2 contains a voluntary permission to add fluoride to water presented in packaged form.

 

[3]          Standard 2.6.2 is varied by –

 

[3.1]       omitting the Purpose, substituting

 

This Standard deals with packaged waters and water-based beverages which contain food additives and in certain cases, nutritive substances.  The Standard defines a number of products and sets certain compositional requirements for packaged water, electrolyte drinks, brewed soft drinks and formulated beverages.  The Standard also permits the voluntary addition of fluoride to water presented in packaged form.

 

Labelling requirements specific to electrolyte drinks and water presented in packaged form are included in this Standard.  This Standard also prohibits the labelling or presentation of non-alcoholic beverages in such a way as to suggest the product is an alcoholic beverage.

 

[3.2]       omitting the entry for Fluoride from the Table to subclause 2(2), substituting –

 

Fluoride (naturally occurring)

2.0 (calculated as F-)

 

[3.3]       inserting after clause 2

 

2A          Addition of fluoride to packaged water

 

(1)          In this clause, water suitable for added fluoride means water presented in packaged form which –

 

(a)          does not contain sugars, sweeteners, flavourings or other food; and

(b)          is not carbonated.

 

(2)          Fluoride must not be added to water presented in packaged form except in accordance with this clause.

 

(3)          Fluoride may be added to water suitable for added fluoride provided that –

 

(a)          the total amount of the naturally occurring and any added fluoride is no less than 0.6 mg/L and no more than 1 mg/L; and

(b)          the form of fluoride added is –

 


(i)           hydrofluorosilicic acid (fluorosilicic acid);

(ii)          sodium fluoride; or

(iii)          sodium fluorosilicate (sodium silicofluoride).

 

2B          Labelling of packaged water

 

(1)          The label on water presented in packaged form with added fluoride must contain a statement to the effect that the product contains added fluoride.

 

(2)          Subject to subclause (3), the label on water presented in packaged form may include a typical analysis which lists the total concentration of any naturally occurring compound expressed in either mg/L or parts per million.

 

(3)          A typical analysis may also include added fluoride provided that only the total amount of the naturally occurring and added fluoride is specified.

 

(4)          A typical analysis which complies with subclauses (2) and (3) is not a nutrition claim for the purposes of Standard 1.2.8.

 

[4]          The Australia New Zealand Food Standards Code is varied by inserting

 

Standard 2.10.3

 

chewing gum

 

 

Purpose

 

This Standard regulates the addition of calcium to chewing gum containing no more than 0.2% residual sugars; the calcium claims which can be made in relation to chewing gum containing no more than 0.2% residual sugars and certain other labelling requirements.

 

Table of Provisions

 

1            Interpretation

2            Permitted addition of calcium

3            Calcium claim

4            Labelling requirements

5            Small packages

 

Clauses

 

1            Interpretation

 

In this Standard –

 

calcium claim means a claim about the presence of calcium in chewing gum.

 

chewing gum suitable for added calcium means chewing gum containing no more than 0.2% residual sugars.


releasable calcium means the amount of calcium released into the mouth during 20 minutes of chewing calculated using the following formula –

 

             

 

Where –

 

 is the releasable calcium (mg/g of chewing gum)

 is the original calcium concentration in the chewing gum (mg/g)

 is the weight of the original chewing gum (g)

 is the residual calcium in gum that has been chewed for 20 minutes (mg/g)

 is the weight of the chewed gum (g).

 

Editorial note:

 

As a guide, procedures and apparatus for determining releasable constituents from chewing gum are published in the British Pharmacopoeia and the European Pharmacopoeia, and are under consideration for inclusion in the United States Pharmacopeia.

 

supplier making the claim means the supplier who makes or includes on a label or in an advertisement a calcium claim.

 

2            Permitted addition of calcium

 

Chewing gum suitable for added calcium may contain added calcium provided that the calcium is in a permitted form specified in the Schedule to Standard 1.1.1.

 

3            Calcium claims

 

(1)          A calcium claim may be made only if –

 

(a)          the chewing gum to which the claim relates is chewing gum suitable for added calcium; and

(b)          the chewing gum contains no less than 80 mg (10% of the RDI) of releasable calcium per serve; and

(c)          the maximum quantity claimed is no more than 200 mg (25% of the RDI) of releasable calcium per serve; and

(d)          the supplier making the claim has records that substantiate the matters listed in paragraphs (b) and (c); and

(e)          the supplier making the claim makes the records available to the relevant Authority upon request.

 

(2)          To avoid doubt, a claim to the effect that chewing gum is a good source of calcium or releasable calcium must not be made.

 


4            Labelling requirements

 

(1)          Where a calcium claim is made in relation to chewing gum suitable for added calcium, the nutrition information panel must also include –

 

(a)          the average quantity of releasable calcium per serve; and

(b)          the average quantity of releasable calcium per 100 g; and

(c)          the proportion of the RDI (for calcium) of releasable calcium per serve; and

(d)          a statement to the effect that the average quantity of calcium is released during 20 minutes of chewing.

 

(2)          Subclause (1) does not apply to chewing gum suitable for added calcium in a small package.

 


Editorial note:

 

EXAMPLE

 

NUTRITION INFORMATION

Servings per package:   10

Serving size:   3 g

 

Average quantity per serve

Average quantity per 100 g

Energy

 

25 kJ

833 kJ

Protein

 

0 g

0 g

Fat, total

saturated

 

0 g

0 g

0 g

0 g

 

Carbohydrate

sugars

 

Less than 1 g

Less than 1 g

Less than 1 g

Less than 1 g

Dietary fibre

0 g

0 g

Sodium

0 mg

0 mg

Calcium*

80 mg (10% RDI**)

2670 mg

*average quantity of calcium released during 20 minutes of chewing

**Recommended Dietary Intake

 

Standard 1.1.1 defines a ‘nutrition information panel or panel’ as a panel which complies with the requirements of Division 2 of Standard 1.2.8.

 

5            Small packages

 

(1)          Where a calcium claim is made in relation to chewing gum suitable for added calcium contained in a small package, the label must include the following calcium declaration –

 

(a)          the average quantity of releasable calcium per serve; and

(b)          the serving size; and

(c)          the proportion of the RDI (for calcium) of releasable calcium per serve; and

(d)          a statement to the effect that the average quantity of calcium is released during 20 minutes of chewing.

 


(2)          To avoid doubt, the declaration requirement in paragraph 8(1)(a) of Standard 1.2.8 does not apply to the calcium declaration in subclause (1).

 

(3)          The declaration required in subclause (1) need not be set out in the prescribed panel format.

 

Editorial note:

 

For the purposes of labelling, Standard 1.2.1 defines a ‘small package’ as a package with a surface area of less than 100 cm2.

See clause 8 of Standard 1.2.8 for labelling requirements where nutrition claims, other than calcium claims, are made on small packages of chewing gum suitable for added calcium.