Standard 2.10.4 Miscellaneous standards for other 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.

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.

2.10.4—1 Name

  This Standard is Australia New Zealand Food Standards Code – Standard 2.10.4 – Miscellaneous standards for other 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.

2.10.4—2 Definitions

Note In this Code (see section 1.1.2—3):

 chocolate means a confectionery product that is characterised by:

 (a) the presence of

 (i) cocoa bean derivatives; and

 (ii) no more than 50 g/kg of edible oils, other than cocoa butter or dairy fats; and

 (b) preparation from a minimum of 200 g/kg of cocoa bean derivatives.

 cocoa means the powdered product prepared from cocoa beans from which a portion of the fat may have been removed, with or without salt or spices added.

 coffee means the product prepared by roasting, grinding, or both roasting and grinding, coffee beans.

 decaffeinated coffee means coffee from which most of the caffeine has been removed.

 decaffeinated tea means tea from which most of the caffeine has been removed.

 gelatine means a protein product prepared from animal skin, bone or other collagenous material, or any combination of those things.

high caffeine coffee beverage means a food for retail sale that:

(a) is a beverage; and

(b) is in a package; and

(c) *bears a label with a *nutrition information panel; and

(d) contains coffee; and

(e) contains no less than 200 mg caffeine per serving; and 

(f) is not one of the following:

(i) a formulated caffeinated beverage;

(ii) a formulated supplementary sports food.

 instant coffee means the dried soluble solids prepared from the water extraction of coffee.

 instant tea means dried soluble solids prepared from the water extraction of tea.

 peanut butter means a peanut based spread.

 tea means the product made from the leaves and leaf buds of one or more of varieties and cultivars of Camellia sinensis (L.) O. Kuntz.

2.10.4—3 Requirements for food sold as tea or coffee

  Food that is sold on the basis that it is a product listed in Column 1 of the table to this section must satisfy the corresponding requirement in Column 2:

Requirements for tea and coffee

2.10.4—3A Labelling requirements—high caffeine coffee beverages

Required declarations

(1) For the labelling provisions, the required declaration of *average quantity is a declaration in the *nutrition information panel of the average quantity of caffeine from any source, expressed in milligrams, in:

(a) a serving of the food; and

(b) a *unit quantity of the food.

Note The labelling provisions are set out in Standard 1.2.1.

Required advisory statements

(2) For the labelling provisions, the required advisory statements are statements to the effect that:

(a) the food is high in caffeine; and

(b) the food is not suitable for: 

(i) children under 15 years of age; or

(ii) pregnant or breastfeeding women.

Note The labelling provisions are set out in Standard 1.2.1.

2.10.4—4 Requirement for food sold as peanut butter

Food that is sold as ‘peanut butter’ must:

(a) be peanut butter; and

(b) contain not less than 850 g/kg of peanuts.

2.10.4—5 Requirement for food sold as chocolate

Food that is sold as ‘chocolate’ must be chocolate.

2.10.4—6 Requirement for food sold as cocoa

Food that is sold as ‘cocoa’ must be cocoa.

2.10.4—7 Requirement for food sold as gelatine

Food that is sold as ‘gelatine’ must be gelatine.

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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.

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.2 of Standard 2.10.4 as in force on 9 June 2026 (up to Amendment No. 250). It includes any commenced amendment affecting the compilation to that date.

Prepared by Food Standards Australia New Zealand on 9 June 2026.

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 2.10.4 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00487 –- 02 April 2015) and has since been amended as follows: