Federal Register of Legislation - Australian Government

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Food Standards as amended, taking into account amendments up to Food Standards (Application A1123 – Isomalto-oligosaccharide as a Novel Food) Variation
Administered by: Health
Registered 13 Jul 2017
Start Date 13 Jul 2017

Schedule 25           Permitted novel foods

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.

                   Novel foods are regulated by paragraphs 1.1.1—10(5)(b) and (6)(f) and Standard 1.5.1. This Standard lists permitted novel foods, and specifies conditions for their use, for section 1.5.1—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.

S25—1                Name

                            This Standard is Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods.

                                      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.

S25—2                Sale of novel foods

                            For section 1.5.1—3, the permitted *novel foods and their conditions for use are:

Sale of novel foods

Permitted novel food

Conditions of use

α-cyclodextrin

1.     The name ‘alpha cyclodextrin’ or ‘α- cyclodextrin’ must be used when declaring the ingredient in the statement of ingredients.

γ-cyclodextrin

1.     The name ‘gamma cyclodextrin’ or ‘γ- cyclodextrin’ must be used when declaring the ingredient in the statement of ingredients.

Diacylglycerol oil (DAG-Oil)

1.     The name ‘Diacylglycerol oil’ must be used when declaring the ingredient in the statement of ingredients.

Dried marine micro-algae (Schizochytrium sp.) rich in docosahexaenoic acid (DHA)

 

Oil derived from marine micro-algae Schizochytrium sp. (American Type Culture Collection (ATCC) PTA-9695)

1.     May only be added to infant formula products in accordance with Standard 2.9.1.

Oil derived from marine micro-algae (Schizochytrium sp.) rich in docosahexaenoic acid (DHA)

 

Oil derived from marine micro-algae (Ulkenia sp.) rich in docosahexaenoic acid (DHA)

 

Isomalto-oligosaccharide

 

1.    Must not be added to:

(a)   infant formula products; and

(b)   food for infants; and

(c)   formulated supplementary food for young children.

Isomaltulose

 

*Phytosterols, phytostanols and their esters

1.     The food must comply with requirements in Standard 1.2.1 insofar as they relate to section 1.2.3—2.

2.     May only be added to edible oil spreads:

(a)    according to Standard 2.4.2; and

(b)    where the total *saturated and *trans fatty acids present in the food are no more than 28% of the total fatty acid content of the food; and

 

 

3.     May only be added to breakfast cereals, not including breakfast cereal bars, if:

(a)    the total fibre content of the breakfast cereal is no less than         3 g/50 g; and

(b)    the breakfast cereal contains no more than 30 g/100 g of total sugars; and

(c)    the *total plant sterol equivalents content is the prescribed amount.

3A.   For the purposes of condition 3(c) above:

(a)    the prescribed amount during the exclusive use period is:

(i)     for breakfast cereals sold under the brands Sanitarium Health and Wellbeing or Weet-Bix – an amount that is no less than 0.5 g per serving and no more than 2.2 g per serving; and

(ii)    for all other breakfast cereals - an amount that is no less than 15 g/kg and no more than 19 g/kg; and

(b)    the prescribed amount after the end of the exclusive use period is an amount that is no less than 0.5 g per serving and no more than 2.2 g per serving.

3B.   For the purposes of condition 3A above, exclusive use period means the period commencing on the date of gazettal of the Food Standards (Application A1134 – Increased Concentration of Plant Sterols in Breakfast Cereals) Variation and ending 15 months after that date.

4.     Foods to which phytosterols, phytostanols or their esters have been added must not be used as ingredients in other foods.

5.     May only be added to milk in accordance with Standard 2.5.1.

6.     May only be added to yoghurt in accordance with Standard 2.5.3

D-Tagatose

 

Tall oil phytosterol esters

1.     Tall oil phytosterol esters must comply with the specification for tall oil phytosterol esters in Schedule 3.

2.     The food must comply with the requirements in Standard 1.2.1 insofar as they relate to section 1.2.3—2.

3.     The name ‘tall oil phytosterol esters’ or ‘plant sterol esters’ must be used.

4.     May only be added to cheese and processed cheese, in accordance with Standard 2.5.4.

6.     Foods to which tall oil phytosterol esters have been added must not be used as ingredients in other foods.

Trehalose

 

____________________

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 25 as in force on 13 July 2017 (up to Amendment No. 171). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 13 July 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 25 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00440 –- 1 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.

table to S25—2

170

F2017L00586

23 May 2017

FSC112

25 May 2017

25 May 2017

ad

Entry for oil derived from marine micro-algae Schizochytrium sp. (American Type Culture Collection (ATCC) PTA-9695)

 

table to S25—2

170

F2017L00584

23 May 2017

FSC112

25 May 2017

 

25 May 2017

am

Entry for *Phytosterols, phytostanols and their esters.

table to S25—2

171

F2017L00915

11 July 2017

FSC113

13 July2017

 

13 July 2017

 

ad

Entry for isomalto-oligosaccharide.