Federal Register of Legislation - Australian Government

Primary content

Food Standards as amended, taking into account amendments up to Food Standards (Proposal P1043 – Code Revision (2016)) Variation
Administered by: Health
Registered 18 Apr 2017
Start Date 13 Apr 2017

Standard 2.10.3     Chewing gum

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.

2.10.3—1             Name

                            This Standard is Australia New Zealand Food Standards Code – Standard 2.10.3 – Chewing gum.

                                      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.

2.10.3—2             Definition

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

                                      releasable calcium, CaR, means the amount of calcium, in mg/g of chewing gum, released into the mouth during 20 minutes of chewing that is calculated using the following equation:

                                     

                                      where:

                                      CaO is the original calcium concentration in the chewing gum in mg/g of chewing gum.

                                      WO is the weight of the original chewing gum in g.

                                      CaC is the residual calcium in the gum after it has been chewed for 20 minutes in mg/g of chewing gum.

                                      WC is the weight of the chewed gum in g.

                                      small package means a package with a surface area of less than 100 cm2.

2.10.3—3             Addition of calcium to chewing gum

                            Calcium may be added to chewing gum only if:

                            (a)      the chewing gum contains no more than 0.2% residual sugars; and

                            (b)      the calcium is in a permitted form specified in section S17—3.

2.10.3—4             Claims about the presence of calcium in chewing gum

                   (1)      Despite subsection 1.2.7—12(1), a claim to the effect that chewing gum is a good source of calcium or *releasable calcium must not be made.

                                      Note    Subsection 1.2.7—12(1) and the table to section S4—3 regulate when nutrition content claims may be made, including nutrition content claims about a food being a good source of vitamins or minerals.

                   (2)      A claim about the presence of *releasable calcium in chewing gum may be made only if:

                            (a)      the chewing gum contains no more than 0.2% residual sugars; and

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

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

                            (d)      the *supplier who makes the claim or includes it on a label or in an advertisement:

                                      (i)       has records that substantiate the matters listed in paragraphs (b) and (c); and

                                      (ii)      makes the records available to the *relevant authority upon request.

2.10.3—5             Labelling requirements

                   (1)      If a claim is made in accordance with section 2.10.3—4, the nutrition information panel must include:

                            (a)      for chewing gum in a small package:

                                      (i)       the *average quantity of *releasable calcium per serving; and

                                      (ii)      the serving size; and

                            (b)      for chewing gum other than in a small package—the average quantity of releasable calcium per serving and per 100 g; and

                            (c)      in any case:

                                      (i)       the proportion of the *RDI (for calcium) of releasable calcium per serving; and

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

                   (2)      For chewing gum in a small package:

                            (a)      the information need not be set out in a nutrition information panel; and

                            (b)      to avoid doubt, paragraph 1.2.8—14(1)(b) does not apply in relation to a claim made in accordance with section 2.10.3—4.

                   (3)      For chewing gum other than in a small package, the nutrition information panel may be set out in the form specified in section S12—7.

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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 compilation No. 1 of Standard 2.10.3 as in force on 13 April 2017 (up to Amendment No. 168). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 13 April 2017.

 

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 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

 

Standard 2.10.3 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00486 –- 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

2.10.3—4(2)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

 

13 April 2017

am

References to ‘serve’ replaced with ‘serving’ for consistency.

2.10.3—5(1)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

 

13 April 2017

am

References to ‘serve’ replaced with ‘serving’ for consistency.