Federal Register of Legislation - Australian Government

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Food Standards as amended, taking into account amendments up to Food Standards (Proposal P1026 – Lupin as an Allergen) Variation
Administered by: Health
Registered 25 May 2017
Start Date 25 May 2017

Schedule 10           Generic names of ingredients and conditions for their use

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 1.2.4 is a standard for the information requirements relating to the statement of ingredients, and contains provisions relating to, the labelling of ingredients. This Standard specifies generic names for ingredients and conditions for subparagraph 1.2.4—4(b)(iii).

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.

S10—1                Name

                            This Standard is Australia New Zealand Food Standards Code – Schedule 10 – Generic names of ingredients and conditions for their use.

                                      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.

S10—1A             Transitional arrangements for prescribed variations

                   (1)      For the purposes of this section:

prescribed variation means the amendment made by the Variation to paragraph (a) under the entry for “fats or oils” in the table to section S10—2.

transitional period means the period commencing on the Variation’s date of commencement and ending 12 months after the commencement.

the Variation means the Food Standards (Proposal P1026 – Lupin as an Allergen) Variation.

                   (2)      Section 1.1.1—9 of Standard 1.1.1 does not apply to the prescribed variation.

                   (3)      During the transitional period, a food product may comply with either:

                            (a)      the Code as in force without the prescribed variation; or

                            (b)      the Code as amended by the prescribed variation;

                            but not a combination of both.

S10—2                Generic names of ingredients and conditions for their use

                            For section 1.2.4—4, the generic ingredient names and conditions (if any) for their use are:

Generic names of ingredients and conditions for their use (if any)

Generic name

Condition for use (if any)

cereals

If the cereal is wheat, rye, barley, oats or spelt or a hybridised strain of one of those cereals, the specific name of the cereal must be declared.

cheese

 

cocoa butter

 

crystallised fruit

 

fats or oils

(a)    The statement of ingredients must declare:

(i)     whether the source is animal or vegetable; and

(ii)    if the source of oil is lupin, peanut or sesame—the specific source name; and

(iii)   if the source of oil is soybeans and the oil has not been degummed, neutralised, bleached and deodorised—the specific source name; and

(iv)   if the food is a dairy product, including ice cream—the specific source of animal fats or oils.

(b)    This generic name must not be used for diacylglycerol oil.

fish

If crustacea, the specific name of the crustacea must be declared.

fruit

 

gum base

 

herbs

 

meat

 

milk protein

 

milk solids

May be used to describe:

(a)    milk powder, skim milk powder or dried milk products; or

(b)    any 2 or more of the following ingredients:

(i)     whey;

(ii)    whey powder;

(iii)   whey proteins;

(iv)   lactose;

(v)    caseinates;

(vi)   milk proteins;

(vii)  milk fat.

nuts

The specific name of the nut must be declared.

poultry meat

 

spices

 

starch

(a)    If the source of the starch is wheat, rye, barley, oats or spelt, or hybridised strains of those cerealsthe specific
name of the cereal must be declared.

(b)    The name ‘starch’ may be used for any unmodified starch or any starch which has been modified by either physical means or enzymes.

sugar

(a)    The name ‘sugar’ may be used to describe:

(i)     white sugar; or

(ii)    white refined sugar; or

(iii)   caster sugar or castor sugar; or

(iv)   loaf sugar or cube sugar; or

(v)    icing sugar; or

(vi)   coffee sugar; or

(vii)  coffee crystals; or

(viii) raw sugar.

(b)    The name ‘sugars’ must not be used in a statement of ingredients.

vegetables

 

____________________

Application, saving and transitional provisions

The table below details information on application, saving or transitional provisions in instruments affecting this Standard.

 

Food Standards (Proposal P1026 – Lupin as an Allergen) Variation

Instrument items affected

A’ment No.

FRL registration

Gazette

Instrument’s transitional provision

Description of transitional arrangement

Items [2.2] and [2.3] of the Schedule

169

F2017L00585

23 May 2017

FSC112

25 May 2017

 

Subsection S10—1A(1)

 

Subsection S10—1A(1) establishes a transitional arrangement for variations to the Code made by Item [1] of the Schedule.

 

The transition period is the period of time that commences on 25 May 2017 and ends on 26 May 2018.

 

S10—1A(2) provides that section 1.1.1—9 of the Code does not apply to the above variation.

 

S10—1A(3) provides that, during the transition period, a food may comply with either:

 

(a) the Code as in force without the prescribed variation; or

(b)     the Code as amended by the prescribed variation;

 

but not a combination of both.

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. 3 of Schedule 10 as in force on 25 May 2017 (up to Amendment No. 170). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 25 May 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 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 10 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00480 –- 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

Note 1 to Std

168

F2017L00414

11 April 2017

FSC110

13 April 2017

 

13 April 2017

am

Cross-reference.

S10—1A

170

F2017L00585

23 May 2017

FSC112

25 May 2017

 

25 May 2017

ad

Section.

For application, saving and transitional provisions, see above table.

table to S10—2

163

F2016L00783

12 May 2016

FSC105

19 May 2016

19 May 2016

 

rs

Entry for ‘fats or oils’ as a consequence of amendments to Standard 1.2.3.

table to S10—2

170

F2017L00585

23 May 2017

FSC112

25 May 2017

 

25 May 2017

am

Entry for ‘fats or oils’ to include lupin.

For application, saving and transitional provisions, see above table.