{"id":"F2015L00465","name":"Australia New Zealand Food Standards Code – Standard 2.6.2 – Non-alcoholic beverages and brewed soft drinks","slug":"australia-new-zealand-food-standards-code-standard-2-6-2-non-alcoholic-beverages-and-brewed-soft-dri","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93085,"registerId":"commonwealth-F2015L00465-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 2.6.2 – Non-alcoholic beverages and brewed soft drinks","content":"Standard 2.6.2 Non-alcoholic beverages and brewed soft drinks\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\nDivision 1 Preliminary\n\n2.6.2—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 2.6.2 – Non-alcoholic beverages and brewed soft drinks.\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\n2.6.2—2 Definitions\n\nNote 1 In this Code (see section 1.1.2—2):\n\naverage quantity, of a substance in a food, means the average, for such foods from that producer or manufacturer, of:\n\n(a) where a serving or reference amount is specified—the amount of the substance that such a serving or reference amount contains; or\n\n(b) otherwise—the proportion of that substance in the food, expressed as a percentage.\n\nNote See also section 1.1.1—6.\n\nclaim means an express or implied statement, representation, design or information in relation to a food or a property of food which is not mandatory in this Code.\n\nclaim requiring nutrition information:\n\n(a) means:\n\n(i) a nutrition content claim; or\n\n(ii) a health claim; and\n\n(b) does not include:\n\n(i) a declaration that is required by an application Act; or\n\n(ii) an endorsement; or\n\n(iii) a \\*prescribed beverage gluten free claim.\n\nhealth claim means a claim which states, suggests or implies that a food or a property of food has, or may have, a health effect.\n\nNote See also subsection 2.10.2—8(3).\n\npackage:\n\n(a) means any container or wrapper in or by which food for sale is wholly or partly encased, covered, enclosed, contained or packaged; and\n\n(b) if food is carried or sold or intended to be carried and sold in more than one package—includes each package; and\n\n(c) does not include:\n\n(i) a \\*bulk cargo container; or\n\n(ii) a pallet overwrap; or\n\n(iii) a crate and packages which do not obscure labels on the food; or\n\n(iv) a transportation vehicle; or\n\n(v) a vending machine; or\n\n(vi) a hamper; or\n\n(vii) a container or wrapper (including a covered plate, cup, tray or other food container) in which food is served in a prison, hospital or \\*medical institution; or\n\n(viii) for Standard 2.9.5—a covered plate, cup, tray or other food container in which food for special medical purposes is served by a \\*responsible institution to a patient or resident.\n\nprescribed name, of a particular food, means a name declared by a provision of this Code to be the prescribed name of the food.\n\nNote Under the labelling provisions in Standard 1.2.1 and section 1.2.2—2, if a food has a prescribed name, it must be used in the labelling of the food.\n\nproperty of food means a \\*component, ingredient, constituent or other feature of food.\n\nsmall package means a package with a surface area of less than 100 cm2.\n\nsugars:\n\n(a) in Standard 1.2.7, Standard 1.2.8 and Schedule 4—means monosaccharides (other than\n\nD-allulose) and disaccharides; and\n\n(b) otherwise—means any of the following products, derived from any source:\n\n(i) hexose monosaccharides and disaccharides, including dextrose, fructose, sucrose and lactose;\n\n(ii) starch hydrolysate;\n\n(iii) glucose syrups, maltodextrin and similar products;\n\n(iv) products derived at a sugar refinery, including brown sugar and molasses;\n\n(v) icing sugar;\n\n(vi) invert sugar;\n\n(vii) fruit sugar syrup;\n\nbut does not include:\n\n(i) malt or malt extracts; or\n\n(ii) sorbitol, mannitol, glycerol, xylitol, polydextrose, isomalt, maltitol, maltitol syrup, erythritol or lactitol.\n\nNote Sugar is defined differently—see section 1.1.2—3.\n\nunit quantity means:\n\n(a) for a food that is a solid or semi-solid food—100 grams; or\n\n(b) for a food that is a beverage or other liquid food—100 millilitres.\n\nNote 2 In this Code (see section 1.1.2—3):\n\nbrewed soft drink means a food that:\n\n(a) is the product prepared by a fermentation process from water with sugar and one or more of:\n\n(i) fruit extractives or infusions; or\n\n(ii) vegetable extractives or infusions; and\n\n(b) contains no more than 1.15% alcohol by volume.\n\nelectrolyte drink means a drink formulated for the rapid replacement of fluid, carbohydrate and electrolytes during or after 60 minutes or more of sustained strenuous physical activity.\n\nelectrolyte drink base means a solid or liquid which, when made up, makes an electrolyte drink.\n\nformulated beverage means a non-carbonated, ready-to-drink, flavoured beverage that:\n\n(a) is water-based; and\n\n(b) contains added vitamins or minerals or both vitamins and minerals; and\n\n(c) contains no more than 240 mL/L of fruit from one or more of the following sources:\n\n(i) fruit juice;\n\n(ii) fruit purée;\n\n(iii) concentrated fruit juice;\n\n(iv) concentrated fruit purée;\n\n(v) \\*comminuted fruit;\n\n(vi) orange peel extract; and\n\n(d) contains no more than 75 g/L of sugars; and\n\n(e) does not contain:\n\n(i) carbon dioxide; or\n\n(ii) caffeine; and\n\n(f) is not mixed with any other beverage.\n\nfruit drink means a product that is prepared from:\n\n(a) one or more of the following:\n\n(i) fruit juice;\n\n(ii) fruit purée;\n\n(iii) concentrated fruit juice;\n\n(iv) concentrated fruit purée;\n\n(v) \\*comminuted fruit;\n\n(vi) orange peel extract; and\n\n(b) one or more of the following:\n\n(i) water;\n\n(ii) mineralised water; and\n\n(iii) sugars.\n\nmineral water or spring water means ground water obtained from subterranean water-bearing strata that, in its natural state, contains soluble matter.\n\nnon-alcoholic beverage:\n\n(a) means:\n\n(i) packaged water; or\n\n(ii) a water-based beverage, or a water-based beverage that contains other foods (other than alcoholic beverages); or\n\n(iii) an electrolyte drink; and\n\n(b) does not include a brewed soft drink.\n\nsugar means, unless otherwise expressly stated, any of the following:\n\n(a) white sugar;\n\n(b) caster sugar;\n\n(c) icing sugar;\n\n(d) loaf sugar;\n\n(e) coffee sugar;\n\n(f) raw sugar.\n\nNote 3 In this Code (see subsection 1.1.2—9(1))\n\nnutrition content claim means a claim that:\n\n(a) is about:\n\n(i) the presence or absence of any of the following:\n\n(A) \\*biologically active substance;\n\n(B) \\*dietary fibre;\n\n(C) energy;\n\n(D) minerals;\n\n(E) potassium;\n\n(F) protein;\n\n(G) \\*carbohydrate;\n\n(H) ‘fat’;\n\n(I) the components of any one of protein, carbohydrate or ’fat’;\n\n(J) \\*salt;\n\n(K) sodium;\n\n(L) vitamins; or\n\n(ii) \\*glycaemic index or glycaemic load; and\n\n(b) does not refer to the presence or absence of alcohol; and\n\n(c) is not a \\*health claim.\n\nNote See also subsections 2.6.2—5(4) and 2.10.2—8(3).\n\nDivision 2 Packaged water\n\n2.6.2—3 Composition requirement for packaged water\n\n(1) This section applies to a food for sale that consists of water presented in packaged form.\n\n(2) The food for sale may contain carbon dioxide, whether added or naturally occurring.\n\n(3) The food for sale must not contain:\n\n(a) a chemical (other than fluoride) listed in Table A3.3 Guideline values for chemicals that are of health significance in drinking-water of Annex 3 Chemical summary tables in the Guidelines for drinking-water quality, 4th edition incorporating the first addendum, 2017, World Health Organization, Geneva, at a level greater than the guideline value for the chemical specified in that Table; or\n\n(b) fluoride that is naturally-occurring in the water at a level greater than 1.0 mg/L.\n\n2.6.2—4 Addition of fluoride to packaged water\n\nA food for sale consisting of water presented in packaged form may contain added fluoride only if:\n\n(a) the water does not contain sugars, sweeteners, flavouring substances or other food; and\n\n(b) the water is not carbonated; and\n\n(c) the total amount of the naturally occurring and any added fluoride is no less than 0.6 mg/L and no more than 1.0 mg/L; and\n\n(d) the form of fluoride added is:\n\n (i) hydrofluorosilicic acid (fluorosilicic acid); or\n (ii) sodium fluoride; or\n (iii) sodium fluorosilicate (sodium silicofluoride).\n\n2.6.2—5 Labelling—composition of packaged water\n\n(1) For the labelling provisions, for water presented in packaged form that contains added fluoride, a statement to the effect that the water contains added fluoride is required.\n\nNote The labelling provisions are set out in Standard 1.2.1.\n\n(2) For the labelling provisions, a typical analysis that lists the total concentration of any naturally occurring compound expressed in either mg/L or parts per million may be included.\n\nNote The labelling provisions are set out in Standard 1.2.1.\n\n(3) The typical analysis may also include added fluoride provided that only the total amount of the naturally occurring and added fluoride is specified.\n\n(4) A typical analysis that complies with subsections (2) and (3) is not a nutrition content claim for the purposes of section 1.1.2—9.\n\nDivision 3 Non-alcoholic beverages and brewed soft drinks\n\n2.6.2—6 Requirement for food sold as brewed soft drink\n\nA food that is sold as a brewed soft drink must be a brewed soft drink.\n\n2.6.2—7 Requirement for food sold as fruit drink\n\nA food that is sold as fruit drink must:\n\n(a) be fruit drink, and;\n\n(b) contain no less than:\n\n (i) in the case of passionfruit juice drink—35 mL/L of passionfruit; and\n (ii) otherwise—50 mL/L of fruit.\n\n2.6.2—8 Non-alcoholic beverages not to be labelled or presented as alcoholic beverages\n\nA non-alcoholic beverage or brewed soft drink must not be labelled or otherwise presented for sale in a form which expressly or by implication suggests that the product is an alcoholic beverage.\n\n2.6.2—9 Requirement for food sold as a formulated beverage\n\nA food sold as a formulated beverage must be a formulated beverage.\n\nDivision 4 Electrolyte drinks and electrolyte drink bases\n\n2.6.2—10 Definitions and interpretation\n\nDefinitions\n\n(1) In this Division:\n\nPrescribed electrolyte means any of the following:\n\n(a) sodium;\n\n(b) potassium;\n\n(c) calcium;\n\n(d) magnesium;\n\n(e) chloride.\n\nInterpretation of compositional and declaration requirements\n\n(2) For an electrolyte drink base, the compositional and declaration requirements in this Division apply to an electrolyte drink base as ready to drink.\n\n2.6.2—11 Composition of electrolyte drink or electrolyte drink base\n\n(1) A food that is sold as an electrolyte drink or an electrolyte drink base must be an electrolyte drink or an electrolyte drink base, as appropriate.\n\n(2) An electrolyte drink or electrolyte drink base must contain:\n\n(a) no less than 10 mmol/L of sodium; and\n\n(b) no less than 20 g/L and no more than 100 g/L in total of the following:\n\n(i) dextrose;\n\n(ii) fructose;\n\n(iii) glucose syrup;\n\n(iv) maltodextrin;\n\n(v) sucrose; and\n\n(c) no more than 50% of total carbohydrate as fructose.\n\n(3) An electrolyte drink or electrolyte drink base may contain:\n\n(a) calcium phosphates;\n\n(b) potassium phosphates;\n\n(c) calcium citrates;\n\n(d) potassium citrates;\n\n(e) sodium citrates;\n\n(f) potassium carbonates, including potassium bicarbonate;\n\n(g) potassium chloride;\n\n(h) calcium chloride;\n\n(i) sodium chloride;\n\n(j) calcium lactate;\n\n(k) magnesium lactate;\n\n(l) magnesium sulphate.\n\n2.6.2—12 Labelling of electrolyte drinks and electrolyte drink bases\n\n(1) ‘Electrolyte drink’ is a \\*prescribed name for an electrolyte drink and an electrolyte drink base.\n\n(2) For the labelling provisions, the following information is required:\n\n(a) the recommended volume and frequency of use; and\n\n(b) the nutrition information panel must also declare the \\*average quantity per serving and per \\*unit quantity of:\n\n (i) each type of monosaccharide present; and\n (ii) each type of disaccharide present; and\n (iii) subject to subsection (3), each prescribed electrolyte present (other than sodium), expressed in milligrams or both milligrams and millimoles.\n\nNote 1: The labelling provisions are set out in Standard 1.2.1.\n\nNote 2: Section 1.2.8—5 provides that packaged food (unless exempted) must include a nutrition information panel (NIP). Standard 1.2.8 also contains other requirements relating to NIPs e.g. what information must be included and how to express that information in a NIP (see sections 1.2.8—6 and 1.2.8—7). The requirements set out in paragraph 2.6.2—12(2)(b) are in addition to those other requirements.\n\nNote 3: Subparagraph 1.2.8—6(1)(d)(iii) requires that a nutrition information panel must contain (among other information) the average quantity of sodium, expressed in milligrams or both milligrams and millimoles for a serving of the food and a unit quantity of the food.\n\n(3) Subparagraph 2.6.2—12(2)(b)(iii) applies only in relation to an electrolyte drink or an electrolyte drink base to which a substance listed in subsection 2.6.2—11(3) has been added.\n\n2.6.2—13 Labelling requirement for electrolyte drinks and electrolyte drink bases in small packages\n\n(1) This section applies to an electrolyte drink or electrolyte drink base:\n\n(a) that is in a \\*small package; and\n\n(b) about which a \\*claim requiring nutrition information is made; and\n\n(c) the claim relates to a prescribed electrolyte.\n\n(2) For the labelling provisions, the required information includes the \\*average quantity per serving of each prescribed electrolyte present, expressed in milligrams or both milligrams and millimoles.\n\nNote 1: The labelling provisions are set out in Standard 1.2.1.\n\nNote 2: The requirements of this subsection are in addition to the requirements set out in section 1.2.8—14. Section 1.2.8—14 sets out requirements for food for sale in a small package where a claim requiring nutrition information is made in relation to the food.\n\n(3) Paragraph 1.2.8—14(1)(b) does not apply to a \\*claim requiring nutrition information that is made about a prescribed electrolyte.\n\nNote: Paragraph 1.2.8—14(1)(b) sets out nutrition information requirements for food for sale in a small package where a claim requiring nutrition information is made about a matter listed in Column 1 of the table to section S13—2 (such as sodium or a mineral with a Recommended Dietary Intake (RDI)).\n\n2.6.2—14 Recommended dietary intake information prohibited\n\n(1) An \\*RDI must not be stated or declared in relation to an electrolyte drink or electrolyte drink base.\n\n(2) Section 1.2.8—9 does not apply to an electrolyte drink or electrolyte drink base.\n\nNote: Section 1.2.8—9 relates to minerals with an RDI (among other things). Some of the substances listed as ‘prescribed electrolytes’ in section 2.6.2—10 are also minerals with an RDI for the purposes of section 1.2.8—9 e.g. calcium and magnesium (see also the table to section S1—3).\n\n2.6.2—15 Nutrition content claims about electrolyte drinks and electrolyte drink bases\n\n(1) A nutrition content claim must not be made about an electrolyte drink or electrolyte drink base unless:\n\n(a) subject to paragraph (2)(b), the claim is made in accordance with Division 4 of Standard 1.2.7; and\n\n(b) the claim is about any of the following:\n\n (i) sugar or sugars; or\n (ii) carbohydrate; or\n (iii) energy; or\n (iv) the presence of one or more prescribed electrolytes.\n\n(2) If a nutrition content claim is made under subparagraph (1)(b)(iv):\n\n(a) the claim must only state that the electrolyte drink or electrolyte drink base contains one or both of the following:\n\n (i) electrolytes;\n\nExample: Contains electrolytes.\n\n (ii) a prescribed electrolyte that is present in the food, provided that the claim also states that the prescribed electrolyte is an electrolyte; and\n\nExample: This food contains the electrolytes: calcium and sodium.\n\n(b) any conditions for nutrition content claims in Standard 1.2.7 that relate to a prescribed electrolyte present in the food do not apply to the nutrition content claim.\n\n2.6.2—16 Health claims about electrolyte drinks and electrolyte drink bases\n\n(1) Standard 1.2.7 does not apply to a \\*health claim made about an electrolyte drink or electrolyte drink base.\n\n(2) A \\*health claim must not be made about an electrolyte drink or electrolyte drink base unless:\n\n(a) the food has an average osmolality of 200–340 mOsmol/kg; and\n\n(b) the claim is about any of the following:\n\n (i) rapid rehydration in association with words to the effect of ‘after at least 60 minutes or more of strenuous physical activity’;\n (ii) rapid hydration in association with words to the effect of ‘during at least 60 minutes or more of strenuous physical activity’;\n (iii) contribution to the maintenance of performance by rapid hydration in association with words to the effect of ‘during at least 60 minutes or more of strenuous physical activity’.\n\n(3) In a \\*health claim made under subsection (2), the amount of time must be expressed only as a quantifiable amount of time.\n\nExamples: ’60 minutes’ or ’sixty minutes’; ‘1 hour’ or ‘one hour’.\n\n(4) Subject to subsection (3), nothing in this section is to be taken to prescribe the words that must be used when making a \\*health claim under this section.\n\nExample: ‘exercise’ instead of ‘physical activity’.\n\n2.6.2—17 Claims in relation to the tonicity of electrolyte drinks\n\n(1) A claim that an electrolyte drink is isotonic may only be made if the electrolyte drink has an average osmolality of 250–340 mOsmol/kg.\n\n(2) For the labelling provisions, for an electrolyte drink about which a claim is made that the drink is isotonic, hypertonic or hypotonic, the following information is required—a declaration of the osmolality of the electrolyte drink, expressed in mOsm/L.\n\nNote: The labelling provisions are set out in Standard 1.2.1.\n\n2.6.2—18 Claims in relation to sodium in electrolyte drinks and electrolyte drink bases\n\nSubsection 1.2.8—6(12) does not apply to a \\*claim requiring nutrition information that is made in relation to salt or sodium in an electrolyte drink or electrolyte drink base.\n\nNote: Subsection 1.2.8—6(12) provides that, if a claim requiring nutrition information is made in relation to salt or sodium in a food product, the nutrition information panel for that product must include a declaration of the average quantity of potassium in accordance with section S12—3.\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

Instrument items affected

A’ment No.

FRLI registration

Gazette

Instrument’s transitional provision

Description of transitional arrangement

Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation

Item [3], [3.1], [3.3] and [3.4] of the schedule

210

F2022L01061

12 August 2022

FSC 150

12 August 2022

Clause 4

Clause 4 of the Food Standards (Proposal P1030 – Compositional and Labelling of Electrolyte Drinks) Variation provides a transitional arrangement for the variations to the Code made by Item [3], [3.1], [3.3] and [3.4] of the Schedule to that legislative instrument.

Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations made by that instrument.

Subclause 4(2) provides that, during the transition period, a food product may be sold if the product complies with one of the following:

  1. the Code as in force without the variations made by the instrument;
  2. the Code as amended by the variations made by the instrument.

Subclause 4(3) provides that, for the purposes of the above, the transition period is the period commencing on the variation’s date of commencement and ending 24 months after the date of commencement.

This means that the transition period is the period of time that commences on 12 August 2022 and ends on 12 August 2024.

Food Standards (Proposal P1063 – Code Revision (2024) – Added Sugar(s) Claims) Variation

Item [4] of the Schedule

233

F2024L01376

28 October 2024

FSC173

29 October 2024

Clause 4

Clause 4 establishes a transitional arrangement for variations to the Code made by Item [4] of the Food Standards (Proposal P1063 – Code Revision (2024) – Added Sugar(s) Claims) Variation.

The transition period is the period of time that commences on 29 October 2024 and ends on 29 October 2028.

The post-transition period is the period of time that commences 30 October 2028 and ends on 30 October 2030.

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 variations made by the instruments; or;

(b) the Code as amended by the variations made by the instruments.

Subclause 4(3) provides that a food product that was 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 variations made by the instruments; or;

(b) the Code as amended by the variations made by the instruments.

\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. 4 of Standard 2.6.2 as in force on 29 October 2024 (up to Amendment No. 233). It includes any commenced amendment affecting the compilation to that date.\n\nPrepared by Food Standards Australia New Zealand on 29 October 2024.\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 2.6.2 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00465 –- 1 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| 2.6.2—3 | 157 | F2015L013741 Sept 2015FSC993 Sept 2015 | 1 March 2016 | rep | Note following section. |\n| 2.6.2—3(3)(a) | 172 | F2017L011426 Sept 2017FSC1147 Sept 2017 | 7 Sept 2017 | am | Correction of typographical error. |\n| Note 2to the Standard | 210 | F2022L0106112 August 2022FSC 15012 August 2022 | 12 August 2022 | ad | Inserting Division 1 Preliminary |\n| 2.6.2—2 | 210 | F2022L0106112 August 2022FSC 15012 August 2022 | 12 August 2022 | am | Updated definitions |\n| 2.6.2—5 | 210 | F2022L0106112 August 2022FSC 15012 August 2022 | 12 August 2022 | ad | Inserting Division 3 Non-alcoholic beverages and brewed soft drinks |\n| 2.6.2—9 to 2.6.2—13 | 210 | F2022L0106112 August 2022FSC 15012 August 2022 | 12 August 2022 | am | Insertion of Division 4 Electrolyte drinks and electrolyte drink bases |\n| 2.6.2—2 | 233 | F2024L0137628 October 2024FSC17329 October 2024 | 29 October 2024 | rs | Repeal and substitute 2.6.2—2 note 1 (a), definition of sugars. |\n| 2.6.2—2 | 233 | F2024L0137728 October 2024FSC17329 October 2024 | 29 October 2024 | am | Amend 2.6.2—2 note 1 (a), definition of sugars to include (other than D-allulose). |","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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Standard has grown significantly from its original scope. Initially focused on basic non-alcoholic beverages and brewed soft drinks, Amendment 210 (2022) added extensive Division 4 provisions specifically regulating electrolyte drinks and electrolyte drink bases with detailed compositional requirements, labelling rules, and restricted health claims. This transformed the Standard from a general beverage standard into a highly technical sports nutrition regulation. Additionally, Amendment 233 (2024) modified sugar definitions to account for novel sweeteners (D-allulose), showing ongoing expansion to cover new food technologies."},"complexity_factors":["Multiple defined terms with cross-references to other Standards (e.g., 'nutrition content claim', 'health claim', 'claim requiring nutrition information' defined by reference to Standard 1.2.7 and section 1.1.2—9)","Nested conditional logic for electrolyte drinks: specific compositional requirements (section 2.6.2—11) trigger specific labelling exemptions and restrictions (sections 2.6.2—12 to 2.6.2—18)","Exception to exception structure in section 2.6.2—15: nutrition content claims generally allowed only under Division 4 of Standard 1.2.7, BUT for electrolyte drinks, those conditions don't apply to claims about prescribed electrolytes","Specific technical measurements required (osmolality ranges in mOsmol/kg, sodium in mmol/L, sugar concentrations in g/L)","Dual application across Australian and New Zealand jurisdictions with different enabling legislation (Food Standards Australia New Zealand Act 1991 vs Food Act 2014 (NZ))","Transitional provisions table with HTML formatting containing multiple amendment instruments with different commencement dates and grace periods (24-month and 48-month transition periods)","Definition of 'sugars' varies by context (Standard 1.2.7 vs elsewhere) and was recently amended to exclude D-allulose"],"plain_english_summary":"This Standard sets safety, composition and labelling rules for non-alcoholic packaged beverages sold in Australia and New Zealand—covering bottled water, fruit-based drinks, brewed soft drinks, vitamin-fortified waters and sports/electrolyte drinks. \n\nIt affects manufacturers, importers and retailers by ensuring products are safe, accurately labelled and that performance or health claims (especially for sports drinks) are scientifically supported to protect consumers from misleading marketing."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Standard has expanded beyond a simple labelling/composition regime for packaged water and brewed soft drinks to include a detailed, standalone regulatory regime for electrolyte drinks and electrolyte drink bases (added in the 2022 variation). That addition imposes precise compositional thresholds (sodium, carbohydrate types and amounts, fructose share), specific osmolality ranges tied to permitted health and tonicity claims, extra labelling and prohibited RDI statements for electrolyte products (see sections 2.6.2—11 to 2.6.2—17). The 2024 amendment further adjusted definitions (notably of 'sugars' to carve out D‑allulose) which shifts how sugar‑related claims and limits operate. Those changes broadened the Standard from general non‑alcoholic beverage rules to a more prescriptive, performance‑oriented regulatory regime affecting formulation, testing and marketing of sports/hydration drinks."},"complexity_factors":["Approximately 18–20 defined terms introduced or amended in section 2.6.2—2 (many determine scope and labelling obligations).","Multiple substantive Divisions (Preliminary, Packaged water, Non‑alcoholic beverages/brewed soft drinks, Electrolyte drinks) each with separate rules.","Heavy cross‑referencing to other parts of the Food Standards Code (at least Standards 1.2.1, 1.2.7, 1.2.8, and several interpretive sections in Part 1.1), increasing interpretive burden.","Numerical compositional thresholds and ranges (e.g. fluoride 0.6–1.0 mg/L if added; fluoride natural max 1.0 mg/L; electrolyte sodium >=10 mmol/L; carbohydrate 20–100 g/L; osmolality ranges 200–340 mOsmol/kg and isotonic 250–340 mOsmol/kg).","Conditional rules and nested exceptions (e.g. small package exceptions, claim types that trigger extra labelling, health‑claim carve‑outs, and when other Code provisions do or do not apply).","Specific labelling data requirements that go beyond standard NIP content (e.g. monosaccharide/disaccharide declared per serving and per unit quantity for electrolyte drinks).","Amendment/transitional complexity: recent substantive additions in 2022 (electrolyte regime) and 2024 (sugars definition) include transition and post‑transition periods and special transitional clauses.","Interplay between overlapping definitions (e.g. 'sugars' vs 'sugar' and exceptions such as D‑allulose), which affects claim eligibility and compositional tests."],"plain_english_summary":"**What this standard does (mechanics)\n\n- Establishes rules for certain non‑alcoholic drinks sold in Australia and New Zealand, including packaged water, brewed soft drinks, fruit drinks, formulated beverages and electrolyte drinks (and electrolyte drink bases). (see Division headings and definitions at 2.6.2—2 and Divisions 2–4).\n\n- Sets composition limits and permitted ingredients for packaged water (e.g. allowed carbon dioxide, limits on chemicals by reference to WHO guideline values, fluoride limit 1.0 mg/L) and rules for when fluoride may be added (including permitted fluoride compounds and a required fluoride concentration range of 0.6–1.0 mg/L). (sections 2.6.2—3 and 2.6.2—4).\n\n- Requires minimum fruit content for products labelled as \"fruit drink\" (50 mL/L of fruit, except 35 mL/L for passionfruit). (section 2.6.2—7).\n\n- Prohibits labelling or presentation of non‑alcoholic beverages so as to suggest they are alcoholic. (section 2.6.2—8).\n\n- Defines what a \"formulated beverage\" is and caps certain ingredients (e.g. maximum 75 g/L sugars and maximum 240 mL/L fruit‑derived content), and bans carbonation and caffeine in those products. (definition in 2.6.2—2).\n\n- Introduces a specific compositional and labelling regime for electrolyte drinks and electrolyte drink bases: minimum sodium (10 mmol/L), total carbohydrate range (20–100 g/L) from specified carbohydrate types, maximum share of fructose (50% of total carbohydrate), permitted electrolyte/multivalent additions, and osmolality/tonicity labelling and claim rules (including conditions for \"isotonic\" and permitted health claims tied to measured osmolality and stated use during/after at least 60 minutes of strenuous activity). (sections 2.6.2—10 to 2.6.2—17).\n\n- Imposes additional labelling requirements for electrolyte products (nutrition information panel to show monosaccharide/disaccharide types, prescribed electrolytes expressed in mg or both mg and mmol, recommended volume and frequency of use) and restricts use of Recommended Dietary Intake (RDI) statements for these products. (sections 2.6.2—12, 2.6.2—14).\n\n- Places limits on what nutrition content and health claims can be made about electrolyte drinks and their bases (e.g. health claims allowed only if osmolality is within a specified range and the claim is limited to rapid/maintenance of hydration in relation to activity of 60 minutes or more). (sections 2.6.2—15 and 2.6.2—16).\n\n\nWho is affected\n\n- Drink manufacturers and formulators (packaged water, fruit drinks, formulated beverages, brewed soft drinks, electrolyte drinks and makers of electrolyte drink bases).\n- Packagers, labelling/design teams, marketers (rules on what can be claimed or implied on labels and advertising tie into labelling standards referenced here).\n- Importers and retailers (must ensure products sold in market comply with composition and labelling rules).\n- Regulators and testing laboratories (enforcement and laboratory verification of chemical limits, electrolyte concentrations, osmolality, sugar content and labelling accuracy).\n\n\nWhy it matters (purpose claims, and practical consequences)\n\n- The instrument’s stated purpose is to standardise composition and labelling so consumers receive accurate information and products meet specific safety and performance parameters (e.g. safe fluoride levels, electrolyte composition for rehydration). Those aims are implemented by explicit numerical composition thresholds, permitted ingredient lists and labelling rules (see fluoride rules at 2.6.2—4; electrolyte composition at 2.6.2—11; osmolality and claims at 2.6.2—16–17).\n\n- Costs and incentives: producers bear the direct costs of compliance — reformulation, analytical testing (osmolality, electrolyte speciation, sugar profiles), label redesign, and possible limits on marketing claims. Smaller producers and importers face fixed compliance costs per SKU; larger producers gain scale advantages in spreading those costs.\n\n- Trade‑offs and opportunity costs: tighter composition and claim rules reduce some product differentiation (especially marketing claims tied to hydration) and may exclude certain formulations that cannot meet the numeric thresholds (e.g. low‑carbohydrate sports drinks that cannot reach 20 g/L carbohydrate while complying with other rules). That can channel innovation into compliant formulations or into alternative product categories.\n\n- Implementation and enforcement risk: the standard relies on measured laboratory values (osmolality, electrolyte levels, sugar types). Enforcement requires testing capacity and judgement about averaging (some labelling obligations require \"average quantity\"). Cross‑border imports pose verification challenges if overseas labelling practices differ.\n\n- Compliance burden and administrative discretion: the standard ties labelling to other Code provisions (Standard 1.2.1 and Standard 1.2.8) and carves out exceptions (e.g. permitted health claims only under stated conditions), which creates multiple compliance checkpoints and potential for regulatory discretion in enforcement and interpretation (see cross‑references in 2.6.2—12 and notes).\n\n- Effects on private choice and markets: consumers will see clearer, regulated statements on hydration performance and on electrolytes/tonicity where claims are made. Producers must choose between meeting the standard to carry advantageous claims or avoiding such claims and selling under a different positioning. That decision affects product pricing, labelling strategies and potentially competitiveness in the sports/hydration segment.\n\n\nConcrete behaviour changes the Standard causes\n\n- Manufacturers must test and record electrolyte and osmolality data for products labelled or claimed as electrolyte drinks or isotonic/hypotonic/hypertonic (2.6.2—12, 2.6.2—17).\n- Packaged water producers must limit fluoride and other chemicals to the specified values and label added fluoride (2.6.2—3 to 2.6.2—5).\n- Producers cannot label non‑alcoholic drinks to resemble alcoholic beverages (2.6.2—8).\n- Makers of formulated beverages face ingredient caps (sugars, fruit content, and bans on carbonation/caffeine) and must design products to fit the definition if they want that classification (definition of \"formulated beverage\").\n\n\nHow the standard interacts with the rest of the Code\n\n- Many labelling and nutrition‑claim rules here are implemented by cross‑reference to other parts of the Food Standards Code (notably Standards 1.2.1, 1.2.7 and 1.2.8). Compliance therefore requires reading this Standard together with the referenced labelling and claims rules (see notes throughout Division 4 and 2.6.2—12 notes).\n\n\nImplementation timing and transitional detail (practical note)\n\n- The Standard has been amended and includes transitional arrangements for changes (amendments in 2022 and 2024 created transition windows during which older and newer labels / compositions could be sold). Refer to the Amendment History for the precise transitional periods and dates (amendment entries for item 210 (2022) and item 233 (2024)).\n\n\nKey provisions to read first when implementing\n\n- Definitions in 2.6.2—2 (they determine whether a product is covered and which numeric rules apply).\n- Electrolyte composition and labelling rules 2.6.2—11 to 2.6.2—17 if you are a sports/re‑hydration drink maker.\n- Packaged water composition and fluoride rules 2.6.2—3 to 2.6.2—5 if you bottle water.\n\n\nSelective section references: 2.6.2—2 (definitions); 2.6.2—3—5 (packaged water); 2.6.2—6—9 (brewed soft drinks/fruit drinks/formulated beverage requirements); 2.6.2—10—18 (electrolyte drinks).\n"}},"importantCases":[],"_links":{"self":"/api/acts/australia-new-zealand-food-standards-code-standard-2-6-2-non-alcoholic-beverages-and-brewed-soft-dri","history":"/api/acts/australia-new-zealand-food-standards-code-standard-2-6-2-non-alcoholic-beverages-and-brewed-soft-dri/history","analysis":"/api/acts/australia-new-zealand-food-standards-code-standard-2-6-2-non-alcoholic-beverages-and-brewed-soft-dri/analysis","conflicts":"/api/acts/australia-new-zealand-food-standards-code-standard-2-6-2-non-alcoholic-beverages-and-brewed-soft-dri/conflicts","importantCases":"/api/acts/australia-new-zealand-food-standards-code-standard-2-6-2-non-alcoholic-beverages-and-brewed-soft-dri/important-cases","documents":"/api/acts/australia-new-zealand-food-standards-code-standard-2-6-2-non-alcoholic-beverages-and-brewed-soft-dri/documents"}}