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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 13 Apr 2021
Start Date 25 Feb 2021

Standard 1.2.4       Information requirements – statement of ingredients

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.

1.2.4—1               Name

                            This Standard is Australia New Zealand Food Standards Code – Standard 1.2.4 – Information requirements – statement of ingredients.

                                      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.

1.2.4—2               Requirement for statement of ingredients

                   (1)      In this Code, a statement of ingredients for a food for sale is a statement of ingredients that complies with this Code.

                   (2)      To avoid doubt, if:

                            (a)      the label lists the name of the food in accordance with paragraph 1.2.1—8(1)(a); and

                            (b)      a statement of ingredients that complies with this Standard would list only the name of the food in accordance with paragraph 1.2.1—8(1)(a);

                            the label is taken to contain a statement of ingredients.

                   (3)      For the labelling provisions, a requirement for a statement of ingredients does not apply to:

                            (a)      water that is packaged and labelled in accordance with Standard 2.6.2; or

                            (b)      a *standardised alcoholic beverage; or

                            (c)      a food for sale that is contained in a *small package.

                                      Note 1 The labelling provisions are set out in Standard 1.2.1.

                                      Note 2 Despite subsection (3), the presence of some ingredients must be declaredsee Standard 1.2.3.

1.2.4—3               Requirement to list all ingredients

                   (1)      Subject to subsection (2), a statement of ingredients must list each ingredient in the food for sale.

                   (2)      A statement of ingredients need not list:

                            (a)      an ingredient of a *flavouring substance; or

                                                  Note    Despite paragraph (a), subsection 1.2.4—7(5) and 1.2.4—7(6) require some ingredients of flavouring substances to be specifically declared or listed in the statement of ingredients.

                            (b)      a volatile ingredient which is completely removed during processing; or

                            (c)      added water that:

                                      (i)       is added to reconstitute dehydrated or concentrated ingredients; or

                                      (ii)      forms part of broth, brine or syrup that is declared in the statement of ingredients or is part of the name of the food; or

                                      (iii)     constitutes less than 5% of the food; or

                            (d)      a substance that is *used as a processing aid in accordance with Standard 1.3.3; or

                            (e)      a food that is used as a processing aid.

1.2.4—4               Ingredients to be listed by common, descriptive or generic name

                            Subject to Division 3 of Standard 1.2.3, a statement of ingredients must identify each ingredient:

                            (a)      in the case of offal—in accordance with section 2.2.1—6; or

                            (b)      in any other case, using any of:

                                      (i)       a name by which the ingredient is commonly known; or

                                      (ii)      a name that describes the true nature of the ingredient; or

                                      (iii)     a generic name for the ingredient that is specified in Schedule 10, in accordance with any conditions specified in that Schedule.

 

                                      Note    Division 3 of Standard 1.2.3 provides for mandatory declarations of certain foods, including by declarations in a statement of ingredients.

1.2.4—5               Ingredients to be listed in descending order of ingoing weight

                   (1)      A statement of ingredients must list each ingredient in descending order of ingoing weight.

                   (2)      The ingoing weight of an ingredient may be determined in accordance with its weight before dehydration or concentration, if the ingredient:

                            (a)      is a dehydrated or concentrated ingredient; and

                            (b)      is reconstituted during preparation, manufacture or handling of the food.

                   (3)      Despite subsection (1), if a food is represented as one that is to be reconstituted in accordance with directions:

                            (a)      the ingredients may be listed in descending order of their weight in the reconstituted food; and

                            (b)      if the ingredients are listed on this basis, this must be made clear on the label.

                   (4)      For subsection (1), the ingoing weight of water, or of a volatile ingredient, IW, must be calculated in accordance with the following equation:

                           

where:

X is the weight of the water or volatile ingredient that is added to the food.

Y is the sum of:

                            (a)      the weight of any water or volatile ingredient that is removed; and

                            (b)      the weight of any water or volatile ingredient that is used for reconstitution of dehydrated or concentrated ingredients;

                            during preparation, manufacture or handling of the food.

                   (5)      A *compound ingredient must be listed in a statement of ingredients by listing, in accordance with subsection (1):

                            (a)      the compound ingredient by name as an ingredient of the food for sale, in accordance with subsection (6); or

                            (b)      each ingredient of the compound ingredient individually as an ingredient of the food for sale.

                   (6)      If a *compound ingredient is listed in accordance with paragraph (5)(a), it must be followed by a list, in brackets, of:

                            (a)      if the compound ingredient comprises 5% or more of the food for sale—all ingredients that make up the compound ingredient; or

                            (b)      if the compound ingredient comprises less than 5% of the food for sale—the following ingredients:

  (i)       any ingredient of the compound ingredient that is required to be listed in accordance with section 1.2.3—4; and(ii)   any substance *used as a food additive in the compound ingredient which performs a technological purpose in the food for sale.

                   (7)      Paragraph (5)(a) does not apply to food for infants.

                                      Note    See Standard 2.9.2.

                   (8)      Despite subsection (6), the ingredients of a *standardised alcoholic beverage do not need to be listed in a statement of ingredients if the alcoholic beverage has been listed as an ingredient of the food for sale.

1.2.4—6               Declaration of alternative ingredients

                            If the composition of a food for sale is subject to minor variations by the substitution of an ingredient which performs a similar function, the statement of ingredients may list both ingredients in a way which makes it clear that alternative or substitute ingredients are being declared.

1.2.4—7               Declaration of substances used as food additives

                   (1)      A substance (including a vitamin or mineral) *used as a food additive must be listed in a statement of ingredients by specifying:

                            (a)      if the substance can be classified into a class of additives listed in Schedule 7 (whether prescribed or optional)—that class name, followed in brackets by the name or *code number of the substance as indicated in Schedule 8; or

                            (b)      otherwise—the name of the substance as indicated in Schedule 8.

                   (2)      For the purposes of paragraph (1)(a), if the substance can be classified into more than 1 class, the most appropriate class name must be used.

                   (3)      Despite paragraph (1)(a), if the substance is an enzyme:

                            (a)      it may be listed as ‘enzyme’; and

                            (b)      the specific name of the enzyme need not be listed.

                   (4)      If a *flavouring substance is an ingredient, it must be listed in the statement of ingredients by using:

                            (a)      the word ‘flavouring’ or ‘flavour’; or

                            (b)      a more specific name or description of the flavouring substance.

                   (5)      If any of the following substances are added to a food for sale as a *flavouring substance or as an ingredient of a flavouring substance, the name of the substance must be specifically declared in accordance with subsection (1):

                            (a)      L-glutamic acid;

                            (b)      monosodium glutamate;

                            (c)      monopotassium L-glutamate;

                            (d)      calcium di-L-glutamate;

                            (e)      monoammonium L-glutamate;

                            (f)      magnesium di-L-glutamate;

                            (g)      disodium guanylate;

                            (h)      disodium inosinate;

                            (i)       disodium-5′-ribonucleotides.

                   (6)      If caffeine is added to a food for sale (whether as a *flavouring substance or otherwise), it must be listed in the statement of ingredients as caffeine.

1.2.4—8               Declaration of vitamins and minerals

                            Where a vitamin or mineral is added to a food, the vitamin or mineral may be declared in accordance with section 1.2.4—7 using the class name ‘vitamin’ or ‘mineral’.

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Application, saving and transitional provisions

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

 

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

Instrument items affected

A’ment No.

FRL registration

Gazette

Instrument’s transitional provision

Description of transitional arrangement

Item [4] 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 [4.1] and [4.2].

 

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. 1 of Standard 1.2.4 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 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 1.2.4 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

1.2.4—4

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

am

Omitting ‘A statement of ingredients’ and inserting ‘Subject to Division 3 of Standard 1.2.3, a statement of ingredients’

 

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

1.2.4—4

197

F2021L00145

24 Feb 2021

FSC138

25 Feb 2021

25 Feb 2021

ad

Inserting ‘Note’ to 1.2.4—4

 

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