{"id":"F2015L00396","name":"Australia New Zealand Food Standards Code – Standard 1.3.1 – Food Additives","slug":"f2015l00396","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315726,"registerId":"commonwealth-F2015L00396-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australia New Zealand Food Standards Code – Standard 1.3.1 – Food Additives","content":"Standard 1.3.1 Food additives\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 Paragraph 1.1.1—10(6)(a) provides that a food for sale must not have, as an ingredient or a component, a substance that is used as a food additive, unless expressly permitted by this Code. This Standard contains the relevant permissions.\n\n1.3.1—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 1.3.1 – Food Additives.\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\n1.3.1—2 Definitions\n\nNote Section 1.1.2—11 (Definition of used as a food additive) provides as follows:\n\n(1) A substance is used as a food additive in relation to a food if it is added to the food and:\n\n(a) performs 1 or more of the technological purposes listed in Schedule 14; and\n\n(b) is a substance identified in subsection 1.1.2—11(2).\n\n(2) For subsection 1.1.2—11(1), the substances are:\n\n(a) any of the following:\n\n (i) a substance that is identified in Schedule 15;\n (ii) an additive permitted at GMP;\n (iii) a colouring permitted at GMP;\n (iv) a colouring permitted to a maximum level; and\n Note Schedule 15 lists a number of substances that are not additives permitted at GMP, colourings permitted at GMP or colourings permitted to a maximum level.\n\n(b) any substance that is:\n\n (i) a \\*non-traditional food and\n (ii) has been concentrated or refined, or synthesised, to perform 1 or more of the technological purposes listed in Schedule 14.\n\nOther definitions\n\n(3) In this Code:\n\nadditive permitted at GMP means a substance that is listed in section S16—2.\n\ncolouring permitted at GMP means a substance that is listed in section S16—3.\n\ncolouring permitted to a maximum level means a substance that is listed in section S16—4.\n\nColours and their aluminium and calcium lakes\n\n(4) A reference to a colour listed in Schedule 15, a colouring permitted at GMP or a colouring permitted to a maximum level includes a reference to the aluminium and calcium lakes prepared from that colour.\n\n1.3.1—3 When food additives may be used as ingredients in foods\n\nListed food additives may be ingredients of a food\n\n(1) A substance may be \\*used as a food additive in relation to food if:\n\n(a) the substance is permitted to be used as a food additive for that food by Schedule 15; and\n\n(b) any restrictions on the use of that substance as a food additive set out in this Standard or in Schedule 15 are complied with; and\n\n(c) if the table to section S15—5 indicates that the maximum permitted level is ‘GMP’—the proportion of the substance is no more than required under GMP. \n\nCarry-over of food additive\n\n(2) A substance that is permitted for use as a food additive may be present in any food (other than an infant formula product) as a result of carry-over from a raw material or an ingredient if the level of the substance in the food is no greater than would be introduced by the use of the raw material or ingredient under proper technological conditions and GMP.\n\n1.3.1—4 Maximum permitted levels of food additives in foods\n\n(1) An \\*additive permitted at GMP or a \\*colouring permitted at GMP that is permitted to be \\*used as a food additive by Schedule 15 may be present in a food for sale as a result of use in accordance with GMP.\n\n(2) If a substance is \\*used as a food additive in a food for sale, the level of the substance as a \\*component of the food must comply with any limitation in Schedule 15 for a food of that kind.\n\n(3) For a \\*colouring permitted to a maximum level that is permitted to be \\*used as a food additive by Schedule 15, the level of all such colours together in a food for sale must be no more than:\n\n(a) in a beverage—70 mg/L; and\n\n(b) in another food—290 mg/kg.\n\n(4) Unless the contrary intention appears, if a food for sale is not intended to be consumed except after preparation in accordance with directions on the label, a limitation in Schedule 15 on the level of a substance that is \\*used as a food additive in the food applies to the level of the substance in the food when prepared for consumption according to the directions.\n\n(5) A substance permitted to be \\*used as a food additive in a food may be added to an ingredient intended for use in the preparation of a food for sale at a higher level than would otherwise be allowed in the ingredient, provided that the level in the food for sale complies with the maximum permitted level in subsection (3) or Schedule 15.\n\n(6) In this Standard:\n\n(a) annatto and annatto extracts include norbixin and bixin, calculated as bixin;\n\n(b) benzoic acid and its salts are calculated as benzoic acid;\n\n(c) cyclamate and its salts are calculated as cyclohexyl-sulphamic acid;\n\n(d) ethyl lauroyl arginate is calculated as ethyl-Nα\\-lauroyl-L-arginate HCl;\n\n(e) unless the contrary intention appears, nitrates or nitrites refers to the total of nitrates and nitrites, calculated as sodium nitrite;\n\nNote Nitrites have code numbers 249 and 250. Nitrates have code numbers 251 and 252.\n\nExample A contrary intention for the purpose of paragraph (e) appears in item 1.6 of the table to section S15—5 for cheese and cheese products.\n\n(f) propionic acid and its salts are calculated as propionic acid;\n\n(g) saccharin and its calcium and sodium salts are calculated as saccharin;\n\n(h) sorbic acid and its salts are calculated as sorbic acid;\n\n(i) steviol glycosides are calculated as steviol equivalents in accordance with subsection (7);\n\n(j) sulphur dioxide and sulphites, including hydrosulphites, bisulphites and metabisulphites, are calculated as sulphur dioxide;\n\n(k) rosemary extract is calculated as the sum of carnosic acid and carnosol;\n\n(l) phosphoric acid and phosphates are calculated as phosphorus.\n\n(7) To calculate the steviol equivalent levels for a steviol glycoside, the following equation is used:\n\n![](image.001.png)\n\nwhere:\n\n\\[SE\\] is the concentration as steviol equivalents.\n\n\\[SG\\] is the concentration of individual steviol glycoside.\n\nCF is the conversion factor, as follows:\n\n(a) dulcoside A—0.40;\n\n(b) rebaudioside A—0.33;\n\n(c) rebaudioside B—0.40;\n\n(d) rebaudioside C—0.33;\n\n(e) rebaudioside D—0.28;\n\n(f) rebaudioside F—0.34;\n\n(g) rebaudioside M—0.25;\n\n(h) rubusoside—0.50;\n\n(i) steviolbioside—0.50;\n\n(j) stevioside—0.40;\n\n(k) any other steviol glycoside—0.33.\n\n1.3.1—5 Limitation on use of intense sweeteners\n\nUnless Schedule 15 expressly provides otherwise, a substance that may be \\*used as a food additive to perform the technological purpose of an intense sweetener may be added to a food only:\n\n(a) as a flavour enhancer; or\n\n(b) in an amount necessary to replace, either wholly or partially, the sweetness normally provided by sugars.\n\n1.3.1—6 Food additives performing the same purpose\n\n(1) If a food contains a mixture of substances that are \\*used as food additives to perform the same technological purpose, the sum of the proportions of these substances in the food must not be more than 1.\n\n(2) In this section:\n\nsum of the proportions is calculated in accordance with the following equation:\n\n![](image.002.png)\n\nwhere:\n\nN is the number of substances used as food additives in the food that perform the same technological purpose.\n\nConci is the concentration of the ith food additive in the food.\n\nMPLi is the maximum permitted level of the ith food additive in the food.\n\n(3) When calculating the sum of the proportions, exclude any substances that may be present in a food in accordance with GMP.\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 P1028 – Infant Formula Products – Consequential Amendments ) Variation

Items [11] and [12] of Schedule 2

231

F2024L01151

13 Sept 2024

FSC 171

13 Sept 2024

Clause 4

Clause 4 establishes a transitional arrangement for variations to the Code made by Items [11] and [12] of Schedule 2 and by the Food Standards (Proposal P1028 – Infant Formula Products – Consequential Amendments) Variation.

The transition period is the period of time that commences on 13 September 2024 and ends on 13 September 2029.

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 that was labelled before the end of the transition period may be sold after the 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 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 a compilation No. 4 of Standard 1.3.1 as in force on 13 September 2024 (up to Amendment No. 231). It includes any commenced amendment affecting the compilation to that date.\n\nPrepared by Food Standards Australia New Zealand on 13 September 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\n \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 1.3.1 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00396 –- 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| 1.3.1—2 | 161 | F2016L0012018 Feb 2016FSC10322 Feb 2016 | 1 March 2016 | am | Correction of typographical error in Note. |\n| 1.3.1—4(7) | 160 | F2016L0004112 Jan 2016FSC10214 Jan 2016 | 1 March 2016 | am | Inclusion of reference to rebaudioside M and consequential re-numbering of paragraphs. |\n| 1.3.1—4(7) | 168 | F2017L0040910 April 2017FSC11013 April 2017 | 13 April 2017 | am | Inclusion of reference to any other steviol glycoside. |\n| 1.3.1—4(6)(j) | 183 | F2019L0004011 Jan 2019FSC12423 Jan 2019 | 23 January 2019 | am | Inclusion of (k) rosemary extract |\n| 1.3.1—3(2) | 231 | F2024L0115113 Sept 2024FSC 17113 Sept 2024 | 13 September 2024 | ad | Insert (other than an infant formula product) after the words ‘any food’. |\n| 1.3.1—4(6)(k) | 231 | F2024L0115113 Sept 2024FSC 17113 Sept 2024 | 13 September 2024 | rs | Repeal (k) rosemary extract entry ending in a full stop and subsititue with (k) rosemary extract entry ending with a semi-colon and then adding entry (l) for phosphoric acid and phosphates. |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. Amendment No. 231 (commenced 13 Sept 2024) narrowed the carry-over allowance in section 1.3.1—3(2) by inserting the words “other than an infant formula product,” removing the previous carry-over exception for infant formula products. The same amendment adjusted calculation entries in 1.3.1—4(6) (rosemary extract and added phosphoric acid/phosphates). Practically, FSANZ decides which additives and limits apply (Schedule 15 cross‑references). Manufacturers and importers pay compliance costs: they must reformulate, test and label products to meet MPLs, apply conversion factors (1.3.1—4(7)), and ensure mixtures meet the sum-of-proportions rule (1.3.1—6). Regulators enforce the limits; the transitional arrangement (13 Sept 2024–13 Sept 2029, clause 4 in the amendment table) permits sale of products complying either with the old or new rules during that period, reducing immediate disruption but extending the period for full compliance. Key trade-offs: concentrated compliance costs for affected manufacturers (especially infant formula producers) versus phased implementation to manage stock and labelling turnover."},"complexity_factors":["Extensive cross-references to multiple Code provisions and schedules (e.g. Schedule 15; section 1.1.2—11) requiring readers to consult several documents to understand permissions (see 1.3.1—2, 1.3.1—3(1)(a)).","Technical measurement and calculation rules, including conversion factors for steviol glycosides and the mathematical sum-of-proportions formula for mixtures (see 1.3.1—4(7) and 1.3.1—6(2)).","Multiple usage regimes: 'permitted at GMP', 'permitted to a maximum level', and specific MPLs per food kind, creating layered compliance obligations (see 1.3.1—3 and 1.3.1—4).","Special rules and exceptions (carry-over allowance, but with an amendment excluding infant formula; limits on intense sweeteners) that create different treatment across product classes (see 1.3.1—3(2) and 1.3.1—5).","Transitional and amendment history (e.g. Amendment No. 231, transition period provisions) add temporal complexity for labelling and sale of existing stocks.","Calculation conventions for grouping and reporting (e.g. how various salts and extracts are to be calculated) that affect testing and lab reporting (see 1.3.1—4(6))."],"plain_english_summary":"This standard lists which substances may be added to foods, the permitted uses and maximum levels, and calculation rules for certain additives. It requires manufacturers to follow Schedule 15 and Good Manufacturing Practice (GMP), limits intense sweeteners to replacing sugar or as flavour enhancers, and sets rules for mixtures and carry-over. It affects food manufacturers, importers, retailers and regulators because it determines what additives can legally appear in sold foods and how to measure and justify their levels."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Standard appears to maintain its original scope as a technical regulation governing food additive permissions and limitations. The amendment history shows incremental technical updates (adding new steviol glycosides, updating calculation methods, refining infant formula exclusions) rather than expansion into new regulatory areas. The core purpose—controlling which additives can be used in which foods at what levels—remains consistent with the original 2016 commencement intent."},"complexity_factors":["Heavy reliance on external schedules: The Standard constantly references Schedule 15 (for permitted additives), Schedule 14 (technological purposes), and sections S16-2, S16-3, S16-4, and S15-5—meaning this document cannot be understood without consulting multiple other documents.","Nested conditional logic: Multiple subsections contain layered conditions (e.g., section 1.3.1—3(1) requires compliance with (a) Schedule 15 permissions, (b) restrictions in this Standard OR Schedule 15, AND (c) GMP requirements if applicable).","Mathematical formulas with variables: Two explicit equations with multiple variables—one for steviol equivalent calculations (with 11 different conversion factors) and one for summing proportions of additives performing the same function.","Defined terms with circular references: Terms like 'used as a food additive' are defined by cross-reference to section 1.1.2—11, which itself references Schedules 14 and 15, creating a web of interdependent definitions.","Specific calculation methodologies: Section 1.3.1—4(6) contains 12 specific rules for how different additive groups must be calculated (e.g., 'calculated as benzoic acid', 'calculated as sodium nitrite'), each with exceptions noted.","Exception to exception structure: Section 1.3.1—4(6)(e) establishes a general rule for nitrates/nitrites 'unless the contrary intention appears,' with an example pointing to a specific table item in Schedule 15.","Transitional provisions table: Complex HTML table detailing amendment history with multiple columns (instrument items, amendment numbers, FRLI registration, transitional provisions, descriptions) affecting interpretation of current versus past compliance.","Implicit incorporation by reference: The Standard operates within the broader Australia New Zealand Food Standards Code framework, requiring knowledge of section 1.1.1—3, section 1.1.1—10(6)(a), and the Food Standards Australia New Zealand Act 1991 for full context."],"plain_english_summary":"This Standard sets the rules for using food additives across Australia and New Zealand: only additives listed and permitted by the Standard may be used, subject to conditions, limits, Good Manufacturing Practice, carry‑over rules, and special restrictions (e.g., intense sweeteners and combined-use limits). \n\nIt affects food manufacturers, importers, regulators and consumers by ensuring additives are used safely, transparently, and consistently for public health and trade."}},"importantCases":[],"_links":{"self":"/api/acts/f2015l00396","history":"/api/acts/f2015l00396/history","analysis":"/api/acts/f2015l00396/analysis","conflicts":"/api/acts/f2015l00396/conflicts","importantCases":"/api/acts/f2015l00396/important-cases","documents":"/api/acts/f2015l00396/documents"}}