Standard 1.2.3
Mandatory Warning and Advisory Statements and Declarations
Purpose
This Standard sets out mandatory advisory statements and declarations which must be made in relation to certain foods or foods containing certain substances.
Table of Provisions
1 Interpretation
2 Mandatory advisory statements and declarations
3 Mandatory warning statements and declarations
4 Mandatory declaration of certain substances in food
5 Advisory statement in relation to foods containing polyols or polydextrose
Clauses
1 Interpretation
In this Standard -
bee pollen means pollen collected from the legs of bees.
pollen means the fine powdery substance discharged from the anthers of flowers.
propolis means the reddish resinous cement collected by bees from the buds of trees which is used to stop up crevices in hives and strengthen the cells.
royal jelly means the milky white viscous secretion from the salivary glands of honey bees.
2 Mandatory advisory statements and declarations
(1) The label on a package of food listed in column 1 of the Table to this clause must include the advisory statement listed in relation to that food in column 2 of the Table.
(2) Where a food listed in column 1 of the Table to this clause is not required to bear a label pursuant to clause 2 of Standard 1.2.1, the advisory statement listed in relation to that food in column 2 of the Table, must be –
(a) displayed on or in connection with the display of the food; or
(b) provided to the purchaser upon request.
Editorial note:
Paragraph 2(2)(b) allows the retailer of a food to provide the information specified in the Table to clause 2 verbally or in writing.
Table to clause 2
Column 1 Food | Column 2 Advisory Statement |
Unpasteurised milk and liquid milk products | Statement to the effect that the product has not been pasteurised |
Food containing aspartame | Statement to the effect that the product contains phenylalanine |
Unpasteurised egg products | Statement to the effect that the product is unpasteurised |
Food containing quinine | Statement to the effect that the product contains quinine |
Kola beverages containing added caffeine | Statement to the effect that the product contains caffeine |
Food containing guarana or extracts of guarana | Statement to the effect that the product contains caffeine |
Editorial note:
The requirement for warning statements on condensed, skim and modified milks is contained in Standard 1.1.3, Transitional Standards.
3 Mandatory warning statements and declarations
(1) The label on a package of food listed in column 1 of the Table to this clause must include the warning statement listed in relation to that food in column 2 of the Table.
(2) Where a food listed in column 1 of the Table to this clause, is not required to bear a label pursuant to clause 2 of Standard 1.2.1, the warning statement listed in relation to that food in column 2 of the Table, must be displayed on or in connection with the display of the food.
Table to clause 3
Column 1 Food | Column 2 Warning Statement |
|
|
Drafting note:
ANZFA in Proposal P154 is currently considering the necessity and/or content of a prescribed warning statement in relation to food containing royal jelly. Until Proposal P154 settles this issue, the existing requirements in Australia and New Zealand remain unchanged. In Australia, Standard 1.1.3 of Volume 2 requires compliance with Standard K2. In New Zealand the mandatory food standard in relation to royal jelly remains in force.
4 Mandatory declaration of certain substances in food
(1) The presence in a food of any of the substances listed in the Table to this clause, must be declared in accordance with subclause (2), when present as -
(a) an ingredient; or
(b) an ingredient of a compound ingredient; or
(c) a food additive or component of a food additive; or
(d) a processing aid or component of a processing aid.
(2) Any substances required to be declared by subclause (1) must be –
(a) declared on the label on a package of the food; or
(b) where the food is not required to bear a label pursuant to clause 2 of Standard 1.2.1 -
(i) displayed on or in connection with the display of the food; or
(ii) provided to the purchaser upon request.
Editorial note:
Paragraph 4(2)(b) allows the retailer of a food to provide the information specified in the Table to clause 2 verbally or in writing.
Table to clause 4
Cereals containing gluten and their products, namely, wheat, rye, barley, oats and spelt and their hybridised strains other than where these substances are present in beer and spirits standardised in Standards 2.7.2 and 2.7.5 respectively |
Crustacea and their products |
Egg and egg products |
Fish and fish products |
Milk and milk products |
Nuts and sesame seeds and their products |
Peanuts and soybeans, and their products |
Added Sulphites in concentrations of 10mg/kg or more |
Royal jelly presented as a food or royal jelly present in a food |
Bee pollen |
Propolis |
Editorial notes:
1. Clause 4 can be complied with by listing those substances in the Table in the ingredient list.
2. Any exemptions in relation to ingredient listing do not override the requirement to declare the presence of the substances listed in the Table to clause 4.
3. Manufacturers occasionally substitute one ingredient for another within the same class of foods. Where this involves a substance listed in the Table to clause 4 there must be an indication on the label that the substance is in the food. Manufacturers may indicate in the ingredient list that the product contains one substance or another (eg. brazil nuts or cashew nuts) in cases where substitutions occur regularly.
4. Expressions such as ‘egg and egg product’ or ‘crustacea and their products’ include all products derived from the substance listed in the Table to clause 4.
5. Sulphites should be declared in the same manner as other food additives.
5 Advisory statement in relation to foods containing polyols or polydextrose
(1) The label on a package of food must include an advisory statement to the effect that excess consumption of the food may have a laxative effect, where the food contains any of the substances –
(a) listed in Table 1 to this clause, either singularly or in combination at a level of or in excess of 10g/100g; or
(b) listed in Table 2 to this clause, either singularly or in combination at a level of or in excess of 25g/100g; or
(c) listed in Table 1 in combination with any of the substances listed in Table 2 at a level of or in excess of 10g/100g.
(2) Where food containing any of the substances referred to in subclause (1) is not required to bear a label pursuant to clause 2 of Standard 1.2.1, an advisory statement to the effect that excess consumption of the food may have a laxative effect, must be –
(a) displayed on or in connection with the display of the food; or
(b) provided to the purchaser upon request.
Editorial note:
Paragraph 5(2)(b) allows the retailer of a food to provide the information specified in the Table to clause 2 verbally or in writing.
Table 1 to clause 5
Substance |
Table 2 to clause 5
Substance |
Erythritol |
Isomalt |
Polydextrose |
Sorbitol |