{"id":"F2015L00411","name":"Australia New Zealand Food Standards Code – Standard 1.6.1 – Microbiological limits in food","slug":"australia-new-zealand-food-standards-code-standard-1-6-1-microbiological-limits-in-food","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":92993,"registerId":"commonwealth-F2015L00411-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 – Standard 1.6.1 – Microbiological limits in food","content":"Standard 1.6.1 Microbiological limits in food\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\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\nNote 3 Section 1.1.1—11 provides that a food for sale must not have an unacceptable level of microorganisms, as determined in accordance with this standard. This standard sets out how to determine whether a lot of food has an unacceptable level of microorganisms.\n\n1.6.1—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 1.6.1 – Microbiological limits in food.\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\n1.6.1—2 Unacceptable microbiological levels\n\nA \\*lot of a food has an unacceptable level of microorganisms if:\n\n(a) the food is listed in the table to section S27—4; and\n\n(b) the lot is tested in accordance with section 1.6.1—3; and\n\n(c) the test indicates that:\n\n    (i) the number of sample units having a level of a microorganism greater than that listed in the corresponding row of Column 4 (m) is greater than the number listed in the corresponding row of Column 3 (c); or\n    (ii) the level of the microorganism in any of the sample units is greater than the number (if any) listed in the corresponding row of Column 5 (M).\n\nNote For the meaning of lot, see section 1.1.2—2.\n\n1.6.1—3 Assessment of microbiological levels\n\n(1) Microbiological levels in food must be assessed in accordance with this section.\n\n(2) For a particular \\*lot of a food listed in Column 1 of the table section S27—4, the number of sample units taken must be the number of sample units set out in the corresponding row of Column 2 (n).\n\n(3) Despite subsection (2), if the food is the subject of a consumer complaint or a suspected food poisoning incident, an \\*authorised officer may take or otherwise obtain fewer sample units than the number referred to in that subsection or take smaller samples.\n\n(4) An \\*authorised officer who takes or otherwise obtains a sample of food for the purpose of submitting it for microbiological analysis:\n\n(a) must not divide that sample into separate parts; and\n\n(b) where the sample consists of one or more sealed packages of a kind ordinarily sold by retail—must submit for such analysis that sample in that package or those packages in an unopened and intact condition.\n\n(5) The following reference methods must be used to determine whether a food has exceeded the maximum permissible levels of microorganisms specified in the table to section S27—4 in relation to that food:\n\n(a) for a food other than packaged water, packaged ice or mineral water\n\n    (i) the relevant method prescribed by Australian Standard AS5013; or\n    (ii) the relevant method referenced by Australian Standard AS5013 and prescribed by the International Organization for Standardization; or\n    (iii) any equivalent method as determined by:\n    (A) Australian New Zealand Standard \\*AS/NZS 4659; or\n\n(B) ISO 16140.2:2016; and\n\n(b) for packaged water, packaged ice or mineral water—the relevant method prescribed by Australian New Zealand Standard AS/NZS 4276.\n\n(6) A reference to a Standard in subsection (5) is a reference to that Standard as in force at the commencement of this provision.\n\n1.6.1—4 Food in which growth of Listeria monocytogenes will not occur\n\n(1) For the purposes of the table to section S27—4, growth of Listeria monocytogenes will not occur in a \\*ready-to-eat food if:\n\n(a) the food has a pH less than 4.4 regardless of water activity; or\n\n(b) the food has a water activity less than 0.92 regardless of pH; or\n\n(c) the food has a pH less than 5.0 in combination with a water activity of less than 0.94; or\n\n(d) the food has a refrigerated shelf life no greater than 5 days; or\n\n(e) the food is frozen (including foods consumed frozen and those intended to be thawed immediately before consumption); or\n\n(f) it can be validated that the level of Listeria monocytogenes will not increase by greater than 0.5 log cfu/g over the food’s stated shelf life.\n\n(2) For the purposes of the table to section S27—4, a \\*ready-to-eat food that does not receive a \\*listericidal process during manufacture is taken to be a food in which growth of Listeria monocytogenes will not occur if the level of Listeria monocytogenes will not exceed 100 cfu/g within the food’s expected shelf life.\n\n(3) For the purposes of subclause (2), a \\*ready-to-eat food that does not receive a \\*listericidal process during manufacture is taken to include:\n\n(a) ready-to-eat processed finfish; and\n\n(b) fresh cut and packaged horticultural produce.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n  \n\nAmendment History\n\nThe Amendment History provides information about each amendment to the Standard. 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. 3 of Standard 1.6.1 as in force on 3 June 2021 (up to Amendment No. 200). It includes any commenced amendment affecting the compilation to that date.\n\nPrepared by Food Standards Australia New Zealand on 3 June 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 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.\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\nStandard 1.6.1 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00411 –- 31 March 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| Std title        | 157        | F2015L013741 Sept 2015FSC993 Sept 2015  | 1 March 2016            | am           | Correction of typographical error in title of Standard as a consequential amendment from amendment to Standard 1.1.1.    |\n| 1.6.1—1          | 157        | F2015L013741 Sept 2015FSC993 Sept 2015  | 1 March 2016            | am           | Correction of typographical error in in title of Standard as a consequential amendment from amendment to Standard 1.1.1. |\n| 1.6.1—2          | 157        | F2015L013741 Sept 2015FSC993 Sept 2015  | 1 March 2016            | am           | Correction to cross-reference.                                                                                           |\n| 1.6.1—3(5)       | 157        | F2015L013741 Sept 2015FSC993 Sept 2015  | 1 March 2016            | am           | Correction to cross-reference.                                                                                           |\n| 1.6.1—4          | 157        | F2015L013741 Sept 2015FSC993 Sept 2015  | 1 March 2016            | am           | Correction to cross-references.                                                                                          |\n| 1.6.1—3(5)       | 182        | F2018L0159423 Nov 2018FSC12329 Nov 2018 | 29 November 2018        | am           | Correction to cross-reference                                                                                            |\n| 1.6.1—3(2)       | 200        | F2021L006842 June 2021FSC1413 June 2021 | 3 June 2021             | Am           | Correction to cross-reference                                                                                            |","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The amendments recorded in the Amendment History are corrections to typographical errors and cross-references (e.g. amendments Nos. 157, 182 and 200) and do not broaden or add substantive new obligations or new categories of food. The Standard's substantive mechanics (how to assess microbiological limits, required methods and Listeria criteria) remain as originally framed."},"complexity_factors":["Relies on an external table (table to section S27—4) for food-specific sample sizes and numeric limits (not contained in the text provided)","Multiple cross-references to other Code provisions (e.g. sections 1.1.1—11 and 1.1.2—2) that define scope and terms","Reference to several external technical Standards (AS5013, AS/NZS 4659, ISO 16140.2:2016, AS/NZS 4276) and an explicit rule fixing them to the versions in force at commencement (1.6.1—3(5)–(6))","Conditional logic with multiple independent criteria for Listeria growth (pH, water activity, shelf life, freezing, validation) in 1.6.1—4","Discretionary enforcement provision allowing authorised officers to take fewer/smaller samples in complaint/poisoning incidents (1.6.1—3(3))","Requirements on sample handling (must not be divided; sealed retail packages submitted unopened) that interact with enforcement practice (1.6.1—3(4))","Technical thresholds and tolerances (c, m, M columns) create a three-tier compliance test with both per-sample and lot-wide rules (1.6.1—2)","Dependence on defined terms elsewhere in the Code (e.g. lot, authorised officer, ready-to-eat, listericidal process) increases cross-document reading"],"plain_english_summary":"**What this standard does**\n\n- This Standard (Australia New Zealand Food Standards Code – Standard 1.6.1) sets out how to decide when a \"lot\" of food has an unacceptable level of microorganisms (see sections 1.6.1—2 and 1.6.1—3). The specific foods and the numerical microbiological limits are listed in a separate table (table to section S27—4) that the Standard refers to.\n\n**Who it affects**\n\n- Food producers, processors and retailers whose products appear in the table to section S27—4.\n- Accredited testing laboratories that perform microbiological analysis.\n- \"Authorised officers\" (regulators/inspectors) who collect samples and enforce the rules.\n\n**How it works, in plain steps**\n\n- A lot of food is tested according to the sample count and procedure in the Standard and the table at S27—4 (see section 1.6.1—3). The table tells you how many sample units to take (Column 2: n), how many sample units may exceed the lower limit (Column 3: c), the lower limit (Column 4: m) and any maximum unacceptable level (Column 5: M).\n\n- A lot is \"unacceptable\" if either:\n  - More sample units exceed the lower limit m than the allowed number c, or\n  - Any single sample unit exceeds the maximum limit M (section 1.6.1—2).\n\n- Tests must be performed by the reference laboratory methods named in the Standard:\n  - For most foods: Australian Standard AS5013 (or methods referenced by it) or equivalent methods recognised by AS/NZS 4659 or ISO 16140.2:2016.\n  - For packaged water, ice or mineral water: AS/NZS 4276 (section 1.6.1—3(5)).\n  - The Standard treats those Standards as fixed at the version in force when this provision commenced (section 1.6.1—3(6)).\n\n- When an authorised officer collects samples for analysis they must not split the sample (1.6.1—3(4)(a)) and sealed retail packages must be submitted unopened (1.6.1—3(4)(b)). If the sampling is for a consumer complaint or suspected food poisoning, an authorised officer may take fewer or smaller samples than the usual number (1.6.1—3(3)).\n\n**Special rules for Listeria monocytogenes**\n\n- The Standard provides specific tests to decide whether Listeria monocytogenes can grow in a ready-to-eat food (1.6.1—4). Growth is treated as not occurring if any of these apply:\n  - pH < 4.4 (any water activity), or\n  - water activity < 0.92 (any pH), or\n  - pH < 5.0 combined with water activity < 0.94, or\n  - refrigerated shelf life ≤ 5 days, or\n  - the food is frozen, or\n  - the producer can validate that Listeria will not increase by more than 0.5 log cfu/g over stated shelf life (1.6.1—4(1)).\n\n- For ready-to-eat foods that do not receive a listericidal process during manufacture, the Standard treats the food as \"no growth\" if the level of Listeria will not exceed 100 cfu/g during expected shelf life (1.6.1—4(2)). Examples given include ready-to-eat processed finfish and fresh-cut packaged horticultural produce (1.6.1—4(3)).\n\n**Why this matters (stated aim and practical effects)**\n\n- The stated aim is to provide the method for deciding when a lot of food has an unacceptable microbiological level, so regulators can enforce requirements that foods for sale not have unacceptable levels of microorganisms (see note to section 1.6.1—2 and cross-reference to section 1.1.1—11).\n\n- Practical effects and incentives:\n  - Producers must ensure their production, formulation, shelf-life claims and processes meet the microbiological criteria in the S27—4 table and the Listeria rules, or face their lot being judged unacceptable.\n  - Producers may change product pH, water activity, shelf life or apply validated listericidal steps to avoid classification as a risk (section 1.6.1—4).\n  - Testing and validation impose direct costs: sample collection, laboratory analysis using prescribed methods, and any validation studies.\n  - Regulators (authorised officers) have some operational discretion (e.g. taking fewer samples for complaints) that affects enforcement activity and dispute risk (1.6.1—3(3)).\n\n**Trade-offs, implementation risks and compliance considerations**\n\n- Costs and compliance burden fall mainly on food businesses that are subject to sampling and laboratory testing, and on laboratories that must use particular reference methods (section 1.6.1—3(5)).\n- The Standard fixes the laboratory methods to versions in force at commencement (1.6.1—3(6)), which reduces ongoing uncertainty but may mean the legal reference lags later technical updates unless the Standard is amended.\n- Enforcement relies on clearly defined sampling units and the separate S27—4 table. Disputes may arise over lot definition (see cross-reference to section 1.1.2—2), interpretation of validation data (Listeria), and whether an \"equivalent method\" is acceptable under the Standard's equivalence provisions.\n\n**Key sections to note**\n- Definition of unacceptable lot and test criteria: 1.6.1—2\n- Sampling procedure and reference methods: 1.6.1—3\n- Listeria-specific rules and validation paths: 1.6.1—4\n\n(Commencement date is recorded as 1 March 2016 in the Standard's notes.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Standard appears to maintain its original scope as a technical microbiological safety standard. The amendment history shows only minor corrections (typographical errors and cross-reference updates) rather than substantive expansion. The core framework – setting limits, sampling protocols, and Listeria exemptions – remains consistent with the original 2016 commencement version."},"complexity_factors":["Heavy reliance on external cross-references – the actual limits are not in this Standard but in Schedule 27 (section S27-4), which is not reproduced here","Technical scientific terminology throughout (pH, water activity, log cfu/g, listericidal process) requiring food microbiology expertise","Nested conditional logic in section 1.6.1-4 with multiple alternative pathways for determining Listeria safety (6 different criteria in subsections (1)(a)-(f))","Dual-layer testing methodology with interacting variables (n, c, m, M) that must be read together","Multiple incorporated external standards (AS5013, AS/NZS 4276, AS/NZS 4659, ISO 16140.2:2016) that change independently of this instrument","Defined terms marked with asterisks (*lot*, *ready-to-eat food*, *authorised officer*, *listericidal process*) that are defined elsewhere in the Code","Exception to the sampling rule in subsection 1.6.1-3(3) for complaint investigations with discretionary language (\"may take fewer\")","Validation requirement in 1.6.1-4(1)(f) requiring scientific proof that bacteria won't grow more than 0.5 log cfu/g"],"plain_english_summary":"This Standard sets microbiological pass/fail rules for foods sold in Australia and New Zealand, giving manufacturers, importers, sellers and authorised officers clear limits and testing expectations to detect hazards like Listeria, Salmonella and E. coli. It uses a two-tier system (lower and maximum limits) with specific sampling rules, special Listeria provisions for certain foods, and prescribed laboratory methods. The result: measurable criteria for testing, regulatory enforcement powers, and better consumer protection from unsafe food."}},"importantCases":[],"_links":{"self":"/api/acts/australia-new-zealand-food-standards-code-standard-1-6-1-microbiological-limits-in-food","history":"/api/acts/australia-new-zealand-food-standards-code-standard-1-6-1-microbiological-limits-in-food/history","analysis":"/api/acts/australia-new-zealand-food-standards-code-standard-1-6-1-microbiological-limits-in-food/analysis","conflicts":"/api/acts/australia-new-zealand-food-standards-code-standard-1-6-1-microbiological-limits-in-food/conflicts","importantCases":"/api/acts/australia-new-zealand-food-standards-code-standard-1-6-1-microbiological-limits-in-food/important-cases","documents":"/api/acts/australia-new-zealand-food-standards-code-standard-1-6-1-microbiological-limits-in-food/documents"}}