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Food Standards as amended, taking into account amendments up to Food Standards (Proposal P1044 – Plain English Allergen Labelling) Variation
Administered by: Health
Registered 09 Mar 2021
Start Date 25 Feb 2021

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.

Division 1       Preliminary

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            Definitions

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

                                      required name, of a particular food, means the name declared by section 1.2.3—5 as the required name for that food for the purposes of Division 3 of Standard 1.2.3.

size of type means the measurement from the base to the top of a letter or numeral.

Division 2       Mandatory statements

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.

 

Division 3       Mandatory declarations

1.2.3—4               Mandatory declarations of certain foods

                   (1)      For the labelling provisions, if a food to which this section applies is present in a food for sale in a manner listed in subsection (5), a declaration that the food is present is required.

                                      Note    The labelling provisions related to this requirement are set out in Standard 1.2.1, subparagraph 1.2.4—5(6)(b)(i), and paragraph 2.9.5—9(1)(d).

                   (2)      A declaration required by subsection (1) must comply with this Division.

                   (3)      This section applies to:

                            (a)      a food that is listed in Column 1 of the table to section S9—3; or

                            (b)      a derivative of such a food.

                   (4)      Despite subsection (3), this section does not apply to:    

                            (a)      a food that is listed in Column 2 of the table to section S9—3; or

                            (b)      a derivative of such a food.

                   (5)      For the purposes of subsection (1), the food may be present as any of the following:

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

1.2.3—5               Food name required for a mandatory declaration

                            The *required name of a food listed in Column 1 of the table to section S9—3 is:

(a)      when listed in a statement of ingredients—the corresponding name or one of the corresponding names in Column 3 of that table;

(b)      in all other cases—the corresponding name or names in Column 4 of that table.

1.2.3—6               What a mandatory declaration must state

                   (1)      A declaration other than a declaration to which subsection (2) or (4) applies must be made by stating the *required name of the food to be declared.

                   (2)      A declaration made for the purposes of paragraph 1.2.1—8(1)(d) or subparagraph 1.2.4—5(6)(b)(i) must be made by:

(a)      listing in the statement of ingredients of the food for sale:

(i)       the *required name of the food to be declared; and

(ii)      if the food to be declared is a substance *used as a processing aid or an ingredient or component of such a substance, the words ‘processing aid’ in conjunction with that required name; and

             Examples:  processing aids (wheat, egg); processing aid containing wheat.

 (b)     including a summary statement on the label of the food for sale.

Note Statement of ingredients provisions are set out in Standard 1.2.4.

                   (3)      Subsection (2) does not apply to a food for sale to which subsection 1.2.4—2(2) or subsection 1.2.4—2(3) applies.

                                      Note    Subsections 1.2.4—2(2) and (3) provide that certain foods are not required to have a statement of ingredients on their label.

                   (4)      A declaration made in relation to any of the following foods for sale must be made by stating the name of the food to which subsection 1.2.3—4(1) applies and that is present in the food for sale:

                            (a)      a food for special medical purposes; or

                            (b)      an infant formula product that is:

                                      (i)       specifically formulated for premature or low birthweight infants;

                                      (ii)      specifically formulated to satisfy particular metabolic, immunological, renal, hepatic or malabsorptive conditions;

                                      (iii)     represented as lactose free formula or low lactose formula; or

                                      (iv)     based on a *protein substitute.

                                      Note 1 Paragraph 2.9.5—9(1)(d) applies to food for special medical purposes and provides that a label that is required for such food must make (among other things) any mandatory declarations required by section 1.2.3—4.

                                      Note 2 Division 4 of Standard 2.9.1 applies to infant formula products for special dietary use and sets out compositional and labelling requirements for such food.

                   (5)      For the purposes of subsection (4), the name to be stated must be:

         (a)      the name listed for that food in Column 1 of the table to section S9—3; or

                            (b)      any other name by which that food is commonly known.

1.2.3—7               Form of a mandatory declaration

                   (1)      A *required name in a statement of ingredients must be printed:

                            (a)      in a bold font that provides a distinct contrast with any other text in the statement of ingredients which is not a required name; and

                            (b)               in a *size of type that is not less than the size of type of the other text in the statement of ingredients that is not a required name.

                   (2)      A *required name in a statement of ingredients must be listed:

(a)      separately for each ingredient that is or contains the relevant food; and

                                                               Example           kamut (wheat), maltodextrin (wheat)

 (b)     as a separate word or as separate words if the required name is contained in the name of the ingredient that is or contains the relevant food; and

                                                               Examples         milk powder, sesame seeds, but not buttermilk

 (c)     separately from but next to the name of the ingredient that is or contains the relevant food unless the required name:

                   (i)       is identical to the name of the ingredient; or

                   (ii)      is contained in the name of the ingredient.

                                                                            Examples        sodium caseinate (milk) or sodium caseinate (from milk); pasta (wheat, egg)

                             (3)      A summary statement must:

(a)      commence with the word ‘Contains’ and then list the *required name of each food to be declared; and

                            (b)      contain no other words.

                   (4)      A summary statement must:

(a)      appear on the label of the food for sale:

          (i)       in the same field of view as the statement of ingredients; and

                   (ii)      directly next to the statement of ingredients; and

(b)      be distinctly separated from the statement of ingredients.

                   (5)      A summary statement must be printed:

(a)      in the same typeface and *size of type as any *required name in the Statement of ingredients of the food for sale; and

(b)      in a bold font that provides a distinct contrast with any other text in the statement of ingredients which is not a required name.

                   (6)      In this section, a summary statement means a summary statement required by paragraph 1.2.3—6(2)(b).

1.2.3—8               Compliance with requirement for required name

                            If a provision of this Division requires a *required name to be declared or stated, that required name may be declared or stated in either the singular or plural form as required.

 


 

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.

Food Standards (Proposal P1044 – Plain English Allergen Labelling) Variation

Item [3] of the Schedule

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

Clause 4

 

Clause 4 a transitional arrangement for variations to the Code made by Item [3.1], [3.2], [3.3], [3.4] and [3.5] of the Schedule.

 

The transition period is the period of time that commences on 25 February 2021 and ends on 25 February 2024.

 

The post-transition period is the period of time that commences 26 February 2024 and ends on 26 February 2026.

 

Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations.

 

Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following:

 

(a)    the Code as in force without the above variations;

(b)    the Code as amended by the above variations.

 

Subclause 4(3) provides that a food product packaged and labelled before the end of the transition period may be sold during the post-transition period if the product complies with one of the following:

 

(a)    the Code as in force without the above variations;

(b)    the Code as amended by the above variations.

 

 

 

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. 4 of Standard 1.2.3 as in force on 25 February 2021 (up to Amendment No. 197). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 1 March2021.

 

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).

1.2.3

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

ad

Inserting ‘Division 1’, ‘Division 2’ and ‘Division 3’

 

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

1.2.3—1A

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

ad

Inserting definitions for ‘required name’ and ‘size of type’.

 

For application, saving and transitional provisions, see above table

1.2.3—4 – 1.2.3—8

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

ad

Inserting subsections 1.2.3—4 to 1.2.3—8

 

For application, saving and transitional provisions, see above table