Federal Register of Legislation - Australian Government

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Food Standards as amended, taking into account amendments up to Food Standards (Application A1104 – Voluntary Addition of Vitamins & Minerals to Nut- & Seed-based Beverages) Variation
This instrument includes new Schedule 9 in the Australia New Zealand Food Standards Code.
Administered by: Health
Registered 01 Sep 2016
Start Date 01 Sep 2016
End Date 24 Feb 2021

Schedule 9             Mandatory advisory statements

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.

                   Standard 1.2.3 is a standard for the information requirements relating to warning statements, advisory statements and declarations. Standard 2.9.5 contains similar information requirements for food for special medical purposes. This Standard lists mandatory advisory statements for subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a).

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.

S9—1                  Name

                            This Standard is Australia New Zealand Food Standards Code – Schedule 9 – Mandatory advisory statements.

                                      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.

S9—2                  Mandatory advisory statements

                            For subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a), the table is:

Mandatory advisory statements

Item

Column 1

Column 2

 

Food

Advisory statement indicating that …

1

(a)    Bee pollen.

(b)    A food containing bee pollen as an ingredient.

the product contains bee pollen which can cause severe allergic reactions.

2

(a)    A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains less than 3% m/m protein.

(b)    An evaporated or dried product made from cereals, nuts, or seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains less than 3% m/m protein.

the product is not suitable as a complete milk replacement for children under 5 years.

3

(a)    A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains:

(i)     no less than 3% m/m protein; and

(ii)    no more than 2.5% m/m fat.

(b)    An evaporated or dried product made from cereals, nuts, seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains:

(i)     no less than 3% m/m protein; and

(ii)    no more than 2.5% m/m fat

(c)    Milk, or an analogue beverage made from soy, that contains no more than 2.5% m/m fat.

(d)    Evaporated milk, dried milk, or an equivalent product made from soy, that, when reconstituted as a beverage according to directions for direct consumption, contains no more than 2.5% m/m fat.

the product is not suitable as a complete milk replacement for children under 2 years.

4

A food that contains aspartame or aspartame-acesulphame salt.

the food contains phenylalanine.

5

A food that contains quinine.

the food contains quinine.

6

A food that contains guarana or extracts of guarana.

the food contains caffeine.

7

A food that contains added phytosterols, phytostanols or their esters.

 

(a)    when consuming this product, it should be consumed as part of a healthy diet; and

(b)    the product may not be suitable for children under 5 years and pregnant or lactating women; and

(c)    plant sterols do not provide additional benefits when consumed in excess of 3 grams per day.

8

(a)    A cola beverage that contains added caffeine.

(b)    A food that contains a cola beverage that also contains added caffeine as an ingredient.

the product contains caffeine.

9

(a)    Propolis.

(b)    A food that contains propolis as an ingredient.

the product contains propolis which can cause severe allergic reactions.

10

Unpasteurised egg products.

the product is unpasteurised.

11

(a)    Unpasteurised milk.

(b)    Unpasteurised liquid milk products.

the product has not been pasteurised.

____________________

Amendment History

The Amendment History provides information about each amendment to the Schedule. 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 compilation No. 1 of Schedule 9 as in force on 1 September 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 September 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 Schedule 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 Legislation 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

 

Schedule 9 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00479 –- 2 April 2015) and has since been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

table to S9—2

161

F2016L00115

17 Feb 2016

FSC103

22 Feb 2016

 

1 Sept 2016

 

rs

Items 2 and 3 to include permissions for products made from nuts and seeds.