Federal Register of Legislation - Australian Government

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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

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—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

 

cheese

 

cocoa butter

 

crystallised fruit

 

fats or oils

(a)    The statement of ingredients must declare:

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

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

The definition of fish in subsection 1.1.2—3(2) does not apply for the purposes of this table.

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.

poultry meat

 

spices

 

starch

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.

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

Item [7] 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 [7.1], [7.2], [7.3], [7.5] and [7.6] 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 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. 4 of Schedule 10 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 March 2021.

 

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.

S10—1A

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

am

Omitting section S10—1A

 

For application, saving and transitional provisions, see above table

 

S10—2

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

am

Omitting entry for ‘nuts’ and the condition for use for ‘cereals’ and ‘nuts’.

 

For application, saving and transitional provisions, see above table

 

table to S10—2

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

am

Inserting paragraph (a) of the condition for use for ‘fats or oils

 

For application, saving and transitional provisions, see above table

table to S10—2

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

am

Inserting the condition for the use of ‘fish’ and ‘starch’.

For application, saving and transitional provisions, see above table