Federal Register of Legislation - Australian Government

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Food Standards as amended, taking into account amendments up to Australia New Zealand Food Standards Code – Revocation and Transitional Variation 2015 (Proposal P1016 – Hydrocyanic Acid in Apricot Kernels & other Foods)
This instrument includes new Standard 1.4.4 in the Australia New Zealand Food Standards Code. The current Standard with the same number will be repealed on 1 March 2016 under new Standard 5.1.1.
Administered by: Health
Registered 01 Mar 2016
Start Date 01 Mar 2016
End Date 11 Nov 2017

Standard 1.4.4       Prohibited and restricted plants and fungi

Note 1        This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2        The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.

Note 3        Paragraphs 1.1.1—10(5)(a) and (6)(e) provide that a food for sale must not consist of, or have as an ingredient or a component, a prohibited or restricted plant or fungus, or coca bush, unless expressly permitted by this Code. This Standard contains the relevant permissions.

1.4.4—1               Name

                            This Standard is Australia New Zealand Food Standards Code – Standard 1.4.4 – Prohibited and restricted plants and fungi.

                                      Note    Commencement:
This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.

1.4.4—2               Definitions

Note           In this Code (see section 1.1.2—3):

                                      coca bush means:

                                                  (a)        Eurythroxylum coca; or

                                                  (b)        a substance derived from Eurythroxylum coca.

                                      prohibited plant or fungus means:

                                                  (a)        a plant or fungus listed in Schedule 23; or

                                                  (b)        a part or a derivative of such a plant or fungus; or

                                                  (c)        a substance derived from a plant, fungus, part or derivative referred to in paragraph (a) or (b).

                                      restricted plant or fungus means:

                                                  (a)        a plant or fungus listed in Schedule 24; or

                                                  (b)        a part or a derivative of such a plant or fungus; or

                                                  (c)        a substance derived from a plant, fungus, part or derivative referred to in paragraph (a) or (b).

1.4.4—3               Exception to prohibition relating to restricted plants and fungi

                            A restricted plant or fungus may be used as an ingredient in a food only if it complies with the requirements for natural toxicants in section 1.4.1—3 and subsection S19—6(1).

1.4.4—4               Exception relating to coca bush

                            Coca bush may be used as an ingredient in a food if the cocaine has been removed.

1.4.4—5               Exception relating to raw apricot kernels

                            Raw apricot kernels may be used as an ingredient in a food for sale if the kernels have been or will be subject to processing or a treatment that renders them safe for human consumption.

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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 1.4.4 as in force on 1 March 2016 (up to Amendment No. 159). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 1 March 2016.

 

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 1.4.4 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00416 –- 31 March 2015) and has since been amended as follows:

 

Section affected

A’ment No.

FRLI registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

1.4.4—5

159

F2015L01913

2 Dec 2015

FSC101

7 Dec 2015

 

1 March 2016

 

ad

Section relating to raw apricot kernels.