Federal Register of Legislation - Australian Government

Primary content

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

Standard 1.2.3       Information requirements – warning statements, advisory statements and declarations

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.

1.2.3—1               Name

                            This Standard is Australia New Zealand Food Standards Code – Standard 1.2.3 – Information requirements – warning statements, advisory statements and declarations.

                                      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.

1.2.3—1A            Transitional arrangements for prescribed variations

                   (1)      For the purposes of this section:

prescribed variation means the amendment made by the Variation to paragraph 1.2.3—4(1)(b).

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.

1.2.3—2               Mandatory advisory statements

                   (1)      For the labelling provisions, if a food is listed in Column 1 of the table in section S9—2, the corresponding advisory statement in Column 2 of that table is required.

                   (2)      For the labelling provisions, an advisory statement to the effect that excess consumption may have a laxative effect is required for a food that contains:

                            (a)      one or more of the following substances, either alone or in combination, at a level of or in excess of 10 g/100 g:

                                      (i)       lactitol;

                                      (ii)      maltitol;

                                      (iii)     maltitol syrup;

                                      (iv)     mannitol;

                                      (v)      xylitol; or

                            (b)      one or more of the following substances, either alone or in combination, at a level of or in excess of 25 g/100 g:

                                      (i)       erythritol;

                                      (ii)      isomalt;

                                      (iii)     polydextrose;

                                      (iv)     sorbitol; or

                            (c)      one or more of the substances listed in paragraph (a), in combination with one or more of the substances listed in paragraph (b), at a level of or in excess of 10 g/100 g.

                                      Note    The labelling provisions are set out in Standard 1.2.1.

1.2.3—3               Mandatory warning statement—royal jelly

                            For the labelling provisions, if a food is or includes as an ingredient royal jelly, the following *warning statement is required: ‘This product contains royal jelly which has been reported to cause severe allergic reactions and in rare cases, fatalities, especially in asthma and allergy sufferers’.

                                      Note    The labelling provisions are set out in Standard 1.2.1.

1.2.3—4               Mandatory declaration of certain foods or substances in food

                   (1)      For the labelling provisions, if any of the following foods or substances is present in a food for sale in a manner listed in subsection (2), a declaration that the food or substance is present is required:

                            (a)      added sulphites in concentrations of 10 mg/kg or more;

                            (b)      any of the following foods, or products of those foods:

                                      (i)       cereals containing *gluten, namely, wheat, rye, barley, oats and spelt and their hybridised strains other than:

                                               (A)     where these substances are present in beer and spirits; or

                                               (B)     glucose syrups that are made from wheat starch and that:         

                                                         (a)      have been subject to a refining process that has removed gluten protein content to the lowest level that is reasonably achievable; and

                                                         (b)      have a gluten protein content that does not exceed 20 mg/kg; or

                                               (C)     alcohol distilled from wheat;

                                      (ii)      crustacea;

                                      (iii)     egg;

                                      (iv)     fish, except for isinglass derived from swim bladders and used as a clarifying agent in beer or wine;

                                      (v)      milk, other than alcohol distilled from whey;

                                      (vi)     peanuts;

                                      (vii)    soybeans other than:

                                               (A)     soybean oil that has been degummed, neutralised, bleached and deodorised; or

                                               (B)     soybean derivatives that are a tocopherol or a phytosterol;

                                      (viii)    sesame seeds;

                                      (ix)     tree nuts, other than coconut from the fruit of the palm Cocos nucifera;

                                      (x)      lupin.

                   (2)      For subsection (1), the food or substance may be present as:

                            (a)      an ingredient or as an ingredient of a *compound ingredient; or

                            (b)      a substance *used as a food additive, or an ingredient or component of such a substance; or

                            (c)      a substance or food *used as a processing aid, or an ingredient or component of such a substance or food.

                                      Note    The labelling provisions are set out in Standard 1.2.1.


 

                   (3)      To avoid doubt, subsection (1) does not require a declaration of the presence of a food or a product that is derived from a food or product that is exempt from declaration under paragraph 1.2.3—4(1)(b).

__________

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

Item [1] of the Schedule

169

F2017L00585

23 May 2017

FSC112

25 May 2017

 

Subsection 1.2.3—1A(1)

 

Subsection 1.2.3—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.

 

1.2.3—1A(2) provides that section 1.1.1—9 of the Code does not apply to the above variation.

 

1.2.3—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 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. 3 of Standard 1.2.3 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 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 1.2.3 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00389 –- 31 March 2015) and has since been amended as follows:

 

Section affected

A’ment No.

FRL registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

1.2.3—1A

170

F2017L00585

23 May 2017

FSC112

25 May 2017

 

25 May 2017

ad

Section.

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

1.2.3—4(1)

163

F2016L00783

12 May 2016

FSC105

19 May 2016

19 May 2016

 

am

References to cereals, milk and soybeans.

1.2.3—4(1)

168

F2017L00414

11 April 2017

FSC110

13 April 2017

13 April 2017

 

am

Insert ‘or’ after section 1.2.3—4(1)(b)(i)(B)(b).

1.2.3—4(1)

170

F2017L00585

23 May 2017

FSC112

25 May 2017

25 May 2017

am

Paragraph (b) to include reference to lupin.

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

1.2.3—4(3)

163

F2016L00783

12 May 2016

FSC105

19 May 2016

 

19 May 2016

 

ad

Subsection to clarify application of subsection 1.2.3—4(1).