{"id":"F2015L00479","name":"Australia New Zealand Food Standards Code – Schedule 9 – Mandatory advisory statements","slug":"australia-new-zealand-food-standards-code-schedule-9-mandatory-advisory-statements","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93125,"registerId":"commonwealth-F2015L00479-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australia New Zealand Food Standards Code – Schedule 9 – Mandatory advisory statements","content":"Schedule 9 Mandatory advisory statements and declarations\n\nNote 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.\n\nStandard 1.2.3 is a standard for the information requirements relating to warning statements, advisory statements, and declarations. Standard 2.9.5 contains similar information requirements for food for special medical purposes. This Standard lists mandatory advisory statements for subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a); and mandatory declarations for subsection 1.2.3—4(1).\n\nNote 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.\n\nS9—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Schedule 9 – Mandatory advisory statements and declarations.\n\nNote Commencement: \nThis 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.\n\nS9—2 Mandatory advisory statements\n\nFor subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a), the table is:\n\nMandatory advisory statements\n\n```html\n

Item

Column 1

Column 2

Food

Advisory statement indicating that …

1

(a) Bee pollen.

(b) A food containing bee pollen as an ingredient.

the product contains bee pollen which can cause severe allergic reactions.

2

(a) A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains less than 3% m/m protein.

(b) An evaporated or dried product made from cereals, nuts, or seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains less than 3% m/m protein.

the product is not suitable as a complete milk replacement for children under 5 years.

3

(a) A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains:

(i) no less than 3% m/m protein; and

(ii) no more than 2.5% m/m fat.

(b) An evaporated or dried product made from cereals, nuts, seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains:

(i) no less than 3% m/m protein; and

(ii) no more than 2.5% m/m fat

(c) Milk, or an analogue beverage made from soy, that contains no more than 2.5% m/m fat.

(d) Evaporated milk, dried milk, or an equivalent product made from soy, that, when reconstituted as a beverage according to directions for direct consumption, contains no more than 2.5% m/m fat.

the product is not suitable as a complete milk replacement for children under 2 years.

4

A food that contains aspartame or aspartame-acesulphame salt.

the food contains phenylalanine.

5

A food that contains quinine.

the food contains quinine.

6

A food that contains guarana or extracts of guarana.

the food contains caffeine.

7

A food that contains added phytosterols, phytostanols or their esters.

(a) when consuming this product, it should be consumed as part of a healthy diet; and

(b) the product may not be suitable for children under 5 years and pregnant or lactating women; and

(c) plant sterols do not provide additional benefits when consumed in excess of 3 grams per day.

8

(a) A cola beverage that contains added caffeine.

(b) A food that contains a cola beverage that also contains added caffeine as an ingredient.

the product contains caffeine.

9

(a) Propolis.

(b) A food that contains propolis as an ingredient.

the product contains propolis which can cause severe allergic reactions.

10

Unpasteurised egg products.

the product is unpasteurised.

11

(a) Unpasteurised milk.

(b) Unpasteurised liquid milk products.

the product has not been pasteurised.

\n```\n\nS9—3 Mandatory declarations\n\n(1) For Division 3 of Standard 1.2.3, a reference to the table to section S9—3 is a reference to the table to subsection (3).\n\n(2) For the purposes of the table to subsection (3):\n\n(a) the definition of fish in subsection 1.1.2—3(2) does not apply; and\n\n(b) fish excludes crustacea and molluscs; and\n\n(c) mollusc means a marine mollusc.\n\n(3) The table to this subsection is:\n\nMandatory declarations\n\n| Item | Column 1 | Column 2 | Column 3 | Column 4 |\n| ---- | -------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------ | ------------------------------------------------ |\n| | Food | Exemption | Required name for declarations in a statement of ingredients | Required name for other declarations |\n| 1 | added sulphites in concentrations of 10 mg/kg or more | | sulphites | sulphites |\n| 2 | Any of the following cereals (including hybridised strains thereof) if they contain *gluten: | the cereal or its hybridised strain that is present in beer or spirits | | |\n| | barley | | barley | gluten |\n| | oats | | oats | gluten |\n| | rye | | rye | gluten |\n| 3 | wheat (including its hybridised strain) irrespective of whether it contains gluten | (a) the wheat or its hybridised strain that is present in beer or spirits;(b) glucose syrups made from wheat starch and that:(i) have been subject to a refining process that has removed gluten protein content to the lowest level that is reasonably achievable; and(ii) have a gluten protein content that does not exceed 20 mg/kg;(c) alcohol distilled from wheat. | wheat | (a) wheat; and(b) if gluten is present - gluten. |\n| 4 | Any of the following tree nuts: | | | |\n| | almond | | almond | almond |\n| | Brazil nut | | Brazil nut | Brazil nut |\n| | cashew | | cashew | cashew |\n| | hazelnut | | hazelnut | hazelnut |\n| | macadamia | | macadamia | macadamia |\n| | pecan | | pecan | pecan |\n| | pine nut | | pine nut | pine nut |\n| | pistachio | | pistachio | pistachio |\n| | walnut | | walnut | walnut |\n| 5 | crustacea | | crustacean | crustacean |\n| 6 | egg | | egg | egg |\n| 7 | fish | isinglass derived from fish swim bladders and used as a clarifying agent in beer or wine | fish | fish |\n| 8 | lupin | | lupin | lupin |\n| 9 | milk | alcohol distilled from whey | milk | milk |\n| 10 | mollusc | | mollusc | mollusc |\n| 11 | peanut | | peanut | peanut |\n| 12 | sesame seed | | sesame | sesame |\n| 13 | soybean | (a) soybean oil that has been degummed, neutralised, bleached and deodorised;(b) soybean derivatives that are tocopherol or phytosterol. | soy, soya or soybean | soy |\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_ \n\nApplication, saving and transitional provisions\n\nThe table below details information on application, saving or transitional provisions in instruments affecting this Standard.\n\n```html\n

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 [6] 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 [6.1], [6.2], [6.3] and [6.4] of the Schedule.

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.

\n```\n\nAmendment History\n\nThe Amendment History provides information about each amendment to the Schedule. The information includes commencement or cessation information for relevant amendments.\n\nThese 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.\n\nAbout this compilation\n\nThis is compilation No. 2 of Schedule 9 as in force on 25 February 2021 (up to Amendment No. 197). It includes any commenced amendment affecting the compilation to that date.\n\nPrepared by Food Standards Australia New Zealand on 1 March 2021.\n\nUncommenced amendments or provisions ceasing to have effect\n\nTo assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Schedule 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.\n\nThe following abbreviations may be used in the table below:\n\nad = added or inserted am = amended\n\nexp = expired or ceased to have effect rep = repealed\n\nrs = repealed and substituted\n\nSchedule 9 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00479 –- 2 April 2015) and has since been amended as follows:\n\n| Section affected | A’ment No. | FRL registrationGazette | Commencement(Cessation) | How affected | Description of amendment |\n| ---------------- | ---------- | --------------------------------------- | ----------------------- | ------------ | --------------------------------------------------------------------------------------------------------------------- |\n| table to S9—2 | 161 | F2016L0011517 Feb 2016FSC10322 Feb 2016 | 1 Sept 2016 | rs | Items 2 and 3 to include permissions for products made from nuts and seeds. |\n| S9 | 197 | F2021L0014524 Feb 2021FSC13825 Feb 2021 | 25 Feb 2021 | am | Amendment to S9 heading to include ‘declarations’For application, saving and transitional provisions, see above table |\n| S9—3 | 197 | F2021L0014524 Feb 2021FSC13825 Feb 2021 | 25 Feb 2021 | ad | Inserting S9—3 ‘Mandatory declarations’For application, saving and transitional provisions, see above table |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Schedule originally set out mandatory advisory statements (published as part of Amendment 154, 10 April 2015). Amendment No. 197 (FRL F2021L00145, registered 24 Feb 2021; commenced 25 Feb 2021) inserted S9—3 and added mandatory declarations, expanding the instrument from advisory statements to also prescribe required declaration names, exemptions and related transitional arrangements (see Amendment History and application/transitional table)."},"complexity_factors":["Cross-references to other Code provisions (Standard 1.2.3 and 2.9.5) requiring readers to consult multiple parts of the Code.","Detailed product definitions and conditional tests (e.g. protein/fat % thresholds for cereal/nut/seed beverages in Items 2–3).","Enumerated lists of specific foods and allergens with differing required declaration names for ingredients versus other declarations (table in S9—3).","Exemptions and narrow carve-outs (e.g. certain alcohol or refined glucose syrups exempted for wheat and soybean items).","Transitional arrangements with multi-stage timing (transition and post-transition periods, specified commencement dates in amendment history).","Separate treatment of New Zealand application noted (incorporation/adoption under NZ Food Act), adding jurisdictional layering.","Formatting/technical requirements: exact advisory phrasing mandated (specific sentences), increasing compliance precision."],"plain_english_summary":"This Schedule to the Australia New Zealand Food Standards Code prescribes mandatory advisory statements (e.g. on bee pollen, unpasteurised milk/eggs, caffeine, plant sterols) and mandatory ingredient declarations (allergens and other specified substances) that must appear on certain foods. It specifies exact wording and when a declaration may be exempt.\nFood businesses (manufacturers, importers, retailers) bear the compliance and labelling costs; Food Standards Australia New Zealand sets the requirements and transitional dates affect when labels must be changed."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original scope. Initially focused solely on 'Mandatory advisory statements' (as indicated by the original Schedule 9 title and commencement in 2016), it was substantially amended in 2021 (Amendment 197) to include 'Mandatory declarations' (Section S9-3). This added comprehensive allergen labelling requirements for 13 different allergen categories with complex exemption rules. The change transformed the Schedule from a simple warning-label list into a detailed allergen declaration system with dual naming conventions and processing-specific exemptions, effectively doubling its regulatory scope."},"complexity_factors":["Multiple cross-references to other Standards (1.2.3, 2.9.5, 1.1.2-3) requiring readers to consult external provisions","Dual-column table structure for mandatory declarations with different naming requirements for 'statement of ingredients' versus 'other declarations'","Nested conditional logic in exemptions (e.g., wheat has three separate exemption categories including specific processing thresholds like '20 mg/kg gluten protein')","Technical measurement requirements (e.g., '3% m/m protein', '2.5% m/m fat', '10 mg/kg sulphites') requiring scientific understanding","Specific botanical and food science terminology (phytosterols, phytostanols, esters, isinglass, degummed soybean oil)","Transitional provisions with multiple time periods (transition period vs post-transition period) and conditional compliance options","Hybridised strain exemptions for cereals requiring genetic/botanical knowledge","Dual-jurisdictional application (Australia and New Zealand) with different enabling legislation"],"plain_english_summary":"This law requires food labels in Australia and New Zealand to carry specific allergy declarations and advisory warnings so consumers can spot allergens and other risks at a glance. It covers common allergens, items like bee pollen, aspartame, caffeine, unpasteurised products and plant‑sterol foods, and affects food manufacturers/importers, parents and people with allergies or metabolic conditions. It standardises protection across both countries and includes some limited exemptions and transitional timeframes."}},"importantCases":[],"_links":{"self":"/api/acts/australia-new-zealand-food-standards-code-schedule-9-mandatory-advisory-statements","history":"/api/acts/australia-new-zealand-food-standards-code-schedule-9-mandatory-advisory-statements/history","analysis":"/api/acts/australia-new-zealand-food-standards-code-schedule-9-mandatory-advisory-statements/analysis","conflicts":"/api/acts/australia-new-zealand-food-standards-code-schedule-9-mandatory-advisory-statements/conflicts","importantCases":"/api/acts/australia-new-zealand-food-standards-code-schedule-9-mandatory-advisory-statements/important-cases","documents":"/api/acts/australia-new-zealand-food-standards-code-schedule-9-mandatory-advisory-statements/documents"}}