Federal Register of Legislation - Australian Government

Primary content

Food Standards as amended, taking into account amendments up to Food Standards (Proposal P1040 – Code Revision – Consequential & Corrective Amendments II) Variation
Administered by: Health
Registered 01 Mar 2016
Start Date 01 Mar 2016

Standard 2.7.1       Labelling of alcoholic beverages and food containing alcohol

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.

2.7.1—1               Name

                            This Standard is Australia New Zealand Food Standards Code – Standard 2.7.1 – Labelling of alcoholic beverages and food containing alcohol.

                                      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.

2.7.1—2               Definitions

Note           In this Code (see section 1.1.2—2):

                                      standard drink, for a beverage containing alcohol, means the amount which contains 10 grams of ethanol when measured at 20°C.

2.7.1—3               Statement of alcohol content

                   (1)      For the labelling provisions, a statement of the alcohol content is required for:

                            (a)      a food (including an alcoholic beverage) that contains more than 1.15% alcohol by volume; or

                            (b)      an alcoholic beverage that contains 1.15% or less alcohol by volume; or

                            (c)      a beverage that contains not less than 0.5% but not more than 1.15% alcohol by volume.

                                      Note    The labelling provisions are set out in Standard 1.2.1.

                   (2)      For paragraph (1)(a), the alcohol content must be expressed in mL/100 g, mL/100 mL or as the percentage of alcohol by volume.

                   (3)      For paragraph (1)(b) or (c), the alcohol content must be expressed in words to the effect ‘CONTAINS NOT MORE THAN X% ALCOHOL BY VOLUME’.

                   (4)      The statement must be accurate to within:

                            (a)      for beer, cider or perry—0.3% alcohol by volume;

                            (b)      for spirits, liqueurs, fortified wine, fortified fruit or vegetable wine, and all other alcoholic beverages containing more than 1.15% alcohol by volume—0.5% alcohol by volume;

                            (c)      for wine and fruit wine (including sparkling forms), and wine products and fruit or vegetable wine products containing more than 6.5% alcohol by volume—1.5% alcohol by volume.

2.7.1—4               Statement of the number of standard drinks

                   (1)      For the labelling provisions, a statement of the approximate number of *standard drinks in the food for sale is required for a food that:

                            (a)      is capable of being consumed as a beverage; and

                            (b)      contains more than 0.5% alcohol by volume, measured at 20°C.

                                      Note    The labelling provisions are set out in Standard 1.2.1.

                   (2)      The statement must be accurate to:

                            (a)      for a food for sale containing 10 or less *standard drinks—the first decimal place; or

                            (b)      for a food for sale containing more than 10 standard drinks—the nearest whole number of standard drinks.

                   (3)      A statement is not required for beverages packaged prior to 20 December 2002.

2.7.1—5               Restriction on representations of low alcohol

                            An alcoholic beverage which contains more than 1.15% alcohol by volume must not be represented as a low alcohol beverage.

2.7.1—6               Restriction on representation of ‘non-intoxicating’

                            The label on a package of a beverage containing more than 0.5% alcohol by volume must not include the words ‘non intoxicating’ or words of similar meaning.

2.7.1—7               Restriction on representation as non-alcoholic

                            A food containing alcohol must not be represented in a form which expressly or by implication suggests that the product is a non-alcoholic confection or non-alcoholic beverage.

____________________

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 2.7.1 as in force on 1 March 2016 (up to Amendment No. 161). 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 2.7.1 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00469 –- 1 April 2015) and has since been amended as follows:

 

Section affected

A’ment No.

FRLI registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

2.7.1—1

161

F2016L00120

18 Feb 2016

FSC103

22 Feb 2016

 

1 March 2016

 

am

Correction to name of Standard.