Australia New Zealand Food Standards Code – Amendment No. 111 – 2009
Food Standards Australia New Zealand Act 1991
Preamble
The variations set forth in the Schedule below are variations to Standards in the Australia New Zealand Food Standards Code published by the National Health and Medical Research Council in the Commonwealth of Australia Gazette, No. P 27, on 27 August 1987, which have been varied from time to time.
Citation
These variations may be collectively known as the Australia New Zealand Food Standards Code – Amendment No. 111 – 2009.
Commencement
These variations commence on 13 August 2009, except for Item [13.1] which commences on 13 September 2009.
Note: These variations were published in the Commonwealth of Australia Food Standards Gazette No. FSC 53 on 13 August 2009.
SCHEDULE
[1] Standard 1.2.3 is varied by –
[1.1] omitting subclause 2(2), substituting –
(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; or
(c) displayed on or in connection with food dispensed from a vending machine.
[1.2] omitting from the Table to clause 2 –
Foods containing added phytosterol esters
Statements to the effect that –
1. when consuming this product, it should be consumed as part of a healthy diet;
2. this product may not be suitable for children under the age of five years and pregnant or lactating women; and
3. plant sterols do not provide additional benefits when consumed in excess of three grams per day.
Foods containing added tall oil phytosterols
Statements to the effect that –
1. when consuming this product, it should be consumed as part of a healthy diet;
2. this product may not be suitable for children under 5 years and pregnant or lactating women; and
3. plant sterols do not provide additional benefits when consumed in excess of three grams per day.
substituting –
Foods containing added tall oil phytosterols or added phytosterol esters
Statements to the effect that –
1. when consuming this product, it should be consumed as part of a healthy diet;
2. this product may not be suitable for children under the age of five years and pregnant or lactating women; and
3. plant sterols do not provide additional benefits when consumed in excess of three grams per day.
[1.3] omitting subclause 3(2), substituting –
(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) displayed on or in connection with food dispensed from a vending machine.
[2] Standard 1.2.10 is varied by omitting paragraph 2(4)(g), substituting –
(g) food standardised in Standard 2.9.1; or
[3] Standard 1.2.11 is varied by omitting the Table to subclause 2(2), substituting –
Table to subclause 2(2)
Column 1
Column 2
Food
Labelling requirement
Where the food is displayed for retail sale other than in a package
Fish, including cut fish, filleted fish, fish that has been mixed with one or more other foods and fish that has undergone any other processing including cooking, smoking, drying, pickling or coating with another food
A label on or in connection with the display of the food –
(a) identifying the country or countries of origin of the food; or
(b) containing a statement indicating that the foods are a mix of local and/or imported foods as the case may be.
Fresh pork, whole or cut, except where the product has been mixed with food not regulated by this subclause
A label on or in connection with the display of the food –
(a) identifying the country or countries of origin of the food; or
(b) containing a statement indicating that the foods are a mix of local and/or imported foods as the case may be.
Pork, whole or cut, that has been preserved by curing, drying, smoking or by other means, except where that product has been mixed with food not regulated by this subclause (other than those foods used in the preserving)
A label on or in connection with the display of the food –
(a) identifying the country or countries of origin of the food; or
(b) containing a statement indicating that the foods are a mix of local and/or imported foods as the case may be.
Fresh whole or cut fruit and vegetables
A label on or in connection with the display of the food –
(a) identifying the country or countries of origin of the food; or
(b) containing a statement indicating that the foods are a mix of local and/or imported foods as the case may be.
Whole or cut fruit and vegetables where that produce has been preserved, pickled, cooked, frozen or dehydrated except where that produce has been mixed with food not regulated by this subclause (other than with those foods used in the preserving, pickling or cooking as the case may be)
A label on or in connection with the display of the food –
(a) identifying the country or countries of origin of the food; or
(b) containing a statement indicating that the foods are a mix of local and/or imported foods as the case may be.
Where the food is displayed for retail sale in a package that does not obscure the nature or quality of the food
Fresh whole or cut fruit and vegetables
A label on the package or in connection with the display of the food –
(a) identifying the country or countries of origin of the food; or
(b) containing a statement indicating that the foods are a mix of local and/or imported foods as the case may be.
[4] Standard 1.3.1 is varied by –
[4.1] omitting the definition of annatto in subclause 5(2), substituting –
annatto and annatto extracts shall include norbixin and bixin, calculated as bixin.
[4.2] omitting clause 6, substituting –
Food additives performing the same function
(1) Where a food contains a mixture of food additives that perform the same technological function, the sum of the proportion of these additives in the food must not be more than 1.
(2) The sum of the proportion of food additives in a food is calculated by:
(a) dividing the concentration of each food additive in a food by the maximum permitted limit for that additive in that food; and
(b) adding the proportions together for each of the food additives performing the same technological function.
Example Formula for Food Additives Performing the Same Function
Sum of the proportion of food additives =
In this formula –
MPLA = Maximum permitted limit for food additive A in mg/kg
MPLB = Maximum permitted limit for food additive B in mg/kg
MPLC = Maximum permitted limit for food additive C in mg/kg
Conc A = concentration of food additive A in the food in mg/kg
Conc B = concentration of food additive B in the food in mg/kg
Conc C = concentration of food additive C in the food in mg/kg
[4.3] omitting clause 7, substituting –
7 Carry-over of food additives
Other than by direct addition, a food additive may be present in any food as a result of carry-over from a raw material or an ingredient, provided that the level of the food additive in the final food is no greater than would be introduced by the use of the raw material or ingredient under proper technological conditions and good manufacturing practice.
[4.4] omitting from Schedule 1, under item 0 General Provisions the reference to ANZFA, substituting –
the
[4.5] omitting from Schedule 1, the heading and entry for item 1.1.3 Liquid milk to which phytosterol esters have been added, substituting –
1.1.3 Liquid milk to which phytosterols or phytosterol esters have been added
401
Sodium alginate
2
g/kg
407
Carrageenan
2
g/kg
412
Guar gum
2
g/kg
471
Mono- and diglycerides of fatty acids
2
g/kg
460
Microcrystalline cellulose
5
g/kg
[4.6] omitting from Schedule 1, the heading and entry for item 1.1.4. Liquid milk to which tall oil phytosterols have been added
[4.7] omitting from Schedule 1, the heading for item 2.2.2, substituting –
2.2.2 Oil emulsions (
