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Australia New Zealand Food Standards Code – Amendment No. 90 – 2006

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Australia New Zealand Food Standards Code – Amendment No. 90 – 2006
 
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.
 
These variations are published pursuant to section 23A of the Food Standards Australia New Zealand Act 1991.
 
Citation
 
These variations may be collectively known as the Australia New Zealand Food Standards Code – Amendment No. 90 – 2006.
 
Commencement
 
These variations commence on Gazettal.
 
Note:  These variations were published in the Commonwealth of Australia Food Standards Gazette No. FSC 32 on 7 December 2006.
 
SCHEDULE
 
[1]          Standard 1.2.11 is varied by –
 
[1.1]       omitting subclause 2(3), substituting –
 
(3)          Where the food listed in Column 1 to the Table to subclause 2(2) is displayed for retail sale other than in a package, and the requirements of Column 2 are being met by a label in connection with the display of the food, in addition to the requirements of Standard 1.2.9 –
 
(a)          the size of type on the label must be at least 9 mm; or
(b)          where the food is in an assisted service refrigerated display cabinet, the size of type on the label must be at least 5 mm.
 
(4)          For the purposes of paragraph 2(3)(b), an assisted service refrigerated display cabinet means a refrigerated enclosed or semi-enclosed display cabinet which requires a person to serve the food as requested by the purchaser.
 
[1.2]       omitting the Editorial note following subclause 2(3), substituting –
 
Editorial note:
 
Subclause 2(2) governs the country of origin requirements for fresh and processed unpackaged produce, or fresh produce that is packaged in such a way that the nature or quality of the food is not obscured, such as in a plastic or mesh bag, that is currently available on the market.
 
Generally, retailers will have two options.  They may label the individual commodities, such as with a sticker, as is a common practice with apples, oranges and lemons etc.  Alternatively, they may place a label on a sign in association with the food in at least 9 mm type stating the country or countries of origin of the produce or make a ‘qualified claim’ that the foods are a mix of local and/or imported foods as the case may be.  This would commonly be the case with soup mixes of whole vegetables that are displayed for retail sale in a plastic bag.
 
However, where the food is displayed in refrigerated glass display cabinets, such as in delicatessens, butchers or fish shops, the label placed in association with the food must be at least 5 mm type.
 
If the mix comprises Australian produce and produce from other countries, the retailer can either declare each country of origin, or that the food is a mix of local and imported produce.
 
If the mix comprises produce from other countries, the retailer may either declare the individual countries of origin, or declare that the food is made up of imported produce.
 
This subclause also applies to unpackaged fish, fruit and vegetables that have undergone some form of processing.  In the case of fruit and vegetables, the subclause applies to food products such as olives that have been soaked in salt water or vinegar, sun-dried tomatoes in olive oil or tofu.  Where those products have been mixed with other foods not regulated by the subclause, such as pasta, the country of origin provisions do not apply.
 
Standard 1.2.9 provides that each word, statement, expression or design prescribed to be contained, written or set out in a label must, wherever occurring, be so contained, written or set out legibly and prominently such as to afford a distinct contrast to the background, and in the English language.
 
Fruit and vegetables are defined in Standard 2.3.1, and that definition includes nuts.
 
[2]          Standard 1.3.3 is varied by –
 
[2.1]       inserting in the Table to clause 17, for the enzyme Lipase, triacylglycerol EC [3.1.1.3], the source –
 
Hansenula polymorpha, containing the gene for Lipase, triacylglycerol isolated from Fusarium heterosporum
 
[2.2]       inserting in the Editorial note following the Table to clause 17 –
 
Hansenula polymorpha is also known as Pichia angusta.
 
[3]          Standard 1.4.2 is varied by –
 
[3.1]       omitting from Schedule 1, the commodity name for the chemicals appearing in Column 1 of the Table to this sub-item, substituting the commodity name in Column 2 –
 
Column 1
Column 2

Carbofuran
Sweet corn (kernels)

Indoxacarb
Egg plant

 
Pome fruits

Kresoxim-methyl
Pome fruits

Novaluron
Pome fruits

Parathion-methyl
Fruiting vegetables, other than cucurbits [except sweet corn (corn-on-the-cob)]

 
Sweet corn (corn-on-the-cob)

 
[3.2]       omitting from Schedule 1 all entries for the following chemical –
 
Propamocarb
 
[3.3]       omitting from Schedule 1 the chemical residue definitions for the chemicals appearing in Column 1 of the Table to this sub-item, substituting the chemical residue definition appearing in Column 2 –
 
Column 1
Column 2

Chlorothalonil
Commodities of plant origin:  Chlorothalonil
Commodities of animal origin:  Sum of chlorothalonil and 4-hydroxy-2, 5, 6-trichloroisophthalonitrile metabolite, expressed as chlorothalonil

Glufosinate and Glufosinate-ammonium
Sum of glufosinate-ammonium, N-acetyl glufosinate and 3-[hydroxy(methyl)-phosphinoyl] propionic acid, expressed as glufosinate (free acid)

Sethoxydim
Sum of sethoxydim and metabolites containing the 5-(2-ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-
5-hydroxycyclohexene-3-one moieties and their sulfoxides and sulfones, expressed as sethoxydim

 
[3.4]       inserting in Schedule 1–
 
Bupivacaine

Bupivacaine

Sheep, edible offal of
T*0.02

Sheep meat (in the fat)
T*0.02

 
 

Cetrimide

Cetrimide

Sheep, edible offal of
T*1.0

Sheep meat (in the fat)
T*1.0

 
 

Isoxaben

Isoxaben

Assorted tropical and sub-tropical fruits – edible peel
*0.01

Assorted tropical and sub-tropical fruits – inedible peel
*0.01

Citrus fruits
*0.01

Grapes
*0.01

Pome fruits
*0.01

Stone fruits
*0.01

Tree nuts
*0.01

 
 

Lignocaine

Lignocaine

Sheep, edible offal of
T*0.02

Sheep meat (in the fat)
T*0.02

 
 


 
[3.5]       omitting from Schedule 1 the foods and associated MRLs for each of the following chemicals –
 

Chlorthal-dimethyl

Chlorthal-dimethyl

Vegetables
5

 
 

Diflufenican

Diflufenican

lupin
0.05

 
 

Endosulfan

Sum of a- and b- endosulfan and endosulfan sulphate

Berries and other small fruits
T2

 
 

Fipronil

Sum of fipronil, the sulphenyl metabolite (5-amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(trifluoromethyl) sulphenyl]-1H-pyrazole-3-carbonitrile),
the sulphonyl metabolite (5-amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(trifluoromethyl)sulphonyl]-1H-pyrazole-3-carbonitrile), and the trifluoromethyl
metabolite (5-amino-4-trifluoromethyl-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-1H-pyrazole-3-carbonitrile)

Berries and other small fruits [except wine grapes]
T*0.01

 
 

Imidacloprid

Sum of imidacloprid and metabolites  containing the 6-chloropyridinylmethylene moiety, expressed as imidacloprid

Brassica leafy vegetables
5

Chervil
T5

Japanese greens
5

Lettuce, head
T5

Lettuce, leaf
T5

Rucola (rocket)
T5

 
 

Metaldehyde

Metaldehyde

Turmeric root
T1

 
 

Methomyl

Sum of methomyl and methyl hydroxythioacetimidate (‘methomyl oxime’), expressed as methomyl
see also Thiodicarb

Cabbages, head
1

 
 

Paclobutrazol

Paclobutrazol

Assorted tropical and sub-tropical fruits – inedible peel
*0.01

 
 

Spinosad

Sum of spinosyn a and spinosyn d

Assorted tropical and sub tropical fruits – inedible peel [except Banana and Kiwifruit]
T0.5

Banana
0.2

Egg plant
0.2

Kiwifruit
0.3

Melons [except watermelon]
T0.2

Peppers, sweet
0.2

Tomato
0.2

 
 

Thiodicarb

Sum of thiodicarb, methomyl and methomyloxime, expressed as thiodicarb see also methomyl

Brassica leafy vegetables
1

 
 


 
[3.6]       inserting in alphabetical order in Schedule 1, the foods and associated MRLs for each of the following chemicals –
 

Abamectin

sum of avermectin b1a, avermectin b1b and (z)-8,9 avermectin b1a, and (z)-8,9 avermectin b1b

Lettuce, head
T0.05

 
 

Buprofezin

Buprofezin

Dried grapes (currants, raisins and sultanas)
1

 
 

Chlorfenapyr

Chlorfenapyr

Shallot
T1

Spring onion
T1

 
 

Chlorothalonil

Commodities of plant origin:  Chlorothalonil
Commodities of animal origin:  Sum of chlorothalonil and 4-hydroxy-2, 5, 6-trichloroisophalonitrile metabolite, expressed as chlorothalonil

Edible offal (mammalian)
T3

Meat (mammalian) (in the fat)
T2

Milks
T0.05

 
 

Chlorpyrifos

Chlorpyrifos

Blueberries
T1.0

 
 

Chlorthal-dimethyl

Chlorthal-dimethyl

Lettuce, head
T1

Lettuce, leaf
T1

Vegetables [except as otherwise listed under this chemical]
5

 
 

Cyprodinil

Cyprodinil

Peas
T2

 
 

Endosulfan

Sum of a- and b- endosulfan and endosulfan sulphate

Berries and other small fruits [except strawberry]
T2

Strawberry
T0.5

 
 

Fluazifop-butyl

Fluazifop-butyl

Egg plant
T0.1

 
 

Fludioxonil

Commodities of animal origin: Sum of fludioxonil and oxidisable metabolites, expressed as fludioxonil
Commodities of plant origin:  Fludioxonil

Peas
T2

 
 

Glufosinate and Glufosinate-ammonium

Sum of glufosinate-ammonium, N-acetyl glufosinate and 3-[hydroxy(methyl)-phosphinoyl] propionic acid, expressed as glufosinate (free acid)

Saffron
T*0.05

 
 

Glyphosate

Sum of glyphosate and aminomethylphosphonic acid (AMPA) metabolite, expressed as glyphosate

Saffron
T*0.05

 
 

Imidacloprid

Sum of imidacloprid and metabolites  containing the 6-chloropyridinylmethylene moiety, expressed as imidacloprid

Banana
T0.1

Leafy vegetables
T5

 
 

Iprodione

Iprodione

Adzuki bean (dry)
T0.1

 
 

Metaldehyde

Metaldehyde

Cereal grains
1

Oilseed
1

Pulses
1

Spices
1

Teas (tea and herb teas)
1

 
 

Methomyl

Sum of methomyl and methyl hydroxythioacetimidate (‘Methomyl oxime’), expressed as methomyl
see also Thiodicarb

Brassica (cole or cabbage) vegetables, Head cabbages, Flowerhead brassicas
2

 
 

Metolachlor

Metolachlor

Rhubarb
*0.05

 
 

Paclobutrazol

Paclobutrazol

Assorted tropical and sub-tropical fruits – inedible peel [except Avocado]
*0.01

Avocado
T0.1

 
 

Propachlor

Propachlor

Lettuce, head
*0.02

Lettuce, leaf
*0.02

 
 

Propiconazole

Propiconazole

Sweet corn (corn-on-the-cob)
*0.02

 
 

Sethoxydim

Sum of sethoxydim and metabolites containing the 5-(2-ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-
5-hydroxycyclohexene-3-one moieties and their sulfoxides and sulfones, expressed as sethoxydim

Chard (silver beet)
T*0.1

Egg plant
T*0.1

Peppers
T0.7

 
 

Spinosad

Sum of spinosyn a and spinosyn d

Assorted tropical and sub-tropical fruits – inedible peel
0.3

Coffee beans
*0.01

Fruiting vegetables, other than cucurbits [except sweet corn (corn-on-the-cob)]
0.2

 
 



Thiodicarb

Sum of thiodicarb, methomyl and methomyloxime, expressed as thiodicarb see also methomyl

Brassica (cole or cabbage) vegetables, Head cabbages, Flowerhead brassicas
2

 
 

 
[3.7]       omitting from Schedule 1, under the entries for the following chemicals, the maximum residue limit for the food, substituting –
 

Abamectin

sum of avermectin b1a, avermectin b1b and (z)-8,9 avermectin b1a, and (z)-8,9 avermectin b1b

Strawberry
0.1

Tomato
0.05

 
 

Azoxystrobin

Azoxystrobin

Potato
0.05

 
 

Buprofezin

Buprofezin

Grapes
0.3

 
 

Fipronil

Sum of fipronil, the sulphenyl metabolite (5-amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(trifluoromethyl) sulphenyl]-1H-pyrazole-3-carbonitrile),
the sulphonyl metabolite (5-amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(trifluoromethyl)sulphonyl]-1H-pyrazole-3-carbonitrile), and the trifluoromethyl
metabolite (5-amino-4-trifluoromethyl-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-1H-pyrazole-3-carbonitrile)

Wine grapes
*0.01

 
 

Forchlorfenuron

Forchlorfenuron

Grapes
*0.01

 
 

Glufosinate and Glufosinate-ammonium

Sum of glufosinate-ammonium, N-acetyl glufosinate and 3-[hydroxy(methyl)-phosphinoyl] propionic acid, expressed as glufosinate (free acid)

Olives
*0.1

 
 

Metaldehyde

Metaldehyde

Herbs
1

 
 

Methomyl

Sum of methomyl and methyl hydroxythioacetimidate (‘methomyl oxime’), expressed as methomyl
see also Thiodicarb

Fruiting vegetables, cucurbits
0.1

 
 

Procymidone

Procymidone

Lentil (dry)
0.5

 
 

Spinosad

Sum of spinosyn a and spinosyn d

Celery
2.0

Citrus fruits
0.3

Fruiting vegetables, cucurbits
0.2

 
 


 
[4]          Standard 4.5.1 is varied by-
 
[4.1]       omitting subclause 3(2), substituting –
 
(2)          In this clause –
 
mistelle means grape must or grape juice prepared from fresh grapes to which grape spirit has been added to prevent fermentation and which has an ethanol content between 120 mL/L and 150 mL/L at 20˚C.
 
[4.2]       omitting clause 4 other than the Table to clause 4, substituting –
 
(1)          Subject to any limits imposed by clause 5 of this Standard, any of the substances specified in the Table to this clause may be used in the production of wine, sparkling wine or fortified wine.
 
(2)          In this clause –
 
cultures of micro-organisms means yeasts or bacteria (including yeast ghosts) used in wine manufacture with or without the addition of any one or more of thiamine hydrochloride, niacin, pyridoxine, pantothenic acid, biotin and inositol.
 
[4.3]       omitting paragraph 5(5)(i), substituting –
 
(i)           200 mg/L of added dimethyl dicarbonate.