{"id":"F2015L00399","name":"Australia New Zealand Food Standards Code – Standard 2.7.5 – Spirits","slug":"f2015l00399","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315731,"registerId":"commonwealth-F2015L00399-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 2.7.5 – Spirits","content":"Standard 2.7.5 Spirits\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\n2.7.5—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 2.7.5 – Spirits.\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\n2.7.5—2 Definitions\n\nNote In this Code (see section 1.1.2—3):\n\nbrandy means:\n\n(a) a spirit obtained from the distillation of wine, or fermented preparations of grapes or grape product; or\n\n(b) such a spirit with any of the following added during production:\n\n    (i) water;\n    (ii) sugars;\n    (iii) honey;\n    (iv) spices;\n    (v) grape juice;\n    (vi) grape juice concentrates;\n    (vii) wine;\n    (viii) prune juice.\n\nliqueur means an alcoholic beverage that is a spirit, flavoured by or mixed with other foods, which contains more than 15% alcohol by volume, measured at 20°C.\n\nspirit means an alcoholic beverage consisting of:\n\n(a) a potable alcoholic distillate, including whisky, brandy, rum, gin, vodka and tequila, produced by distillation of fermented liquor derived from food sources, so as to have the taste, aroma and other characteristics generally attributable to that particular spirit; or\n\n(b) such a distillate with any of the following added during production:\n\n    (i) water;\n    (ii) sugars;\n    (iii) honey;\n    (iv) spices.\n\n2.7.5—3 Requirement for food sold as brandy, liqueur or spirit\n\n(1) A food that is sold as brandy must be brandy.\n\n(2) A food that is sold as a liqueur must be a liqueur.\n\n(3) A food that is sold as a spirit must:\n\n(a) be a spirit, and;\n\n(b) contain no less than:\n\n(i) in the case of tequila—35% alcohol by volume; and\n\n(ii) otherwise—37% alcohol by volume.\n\n2.7.5—4 Restriction on use of geographical indications\n\n(1) A \\*geographical indication must not be used in relation to a spirit, even where the true origin of the spirit is indicated or the geographical indication is used in translation or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like, unless the spirit has been produced in the country, locality or region indicated.\n\n(2) A spirit lawfully exported under a geographical indication, but bottled other than in the territory, locality or region indicated by the geographical indication must not be sold under that geographical indication:\n\n(a) unless the concentration of alcohol by volume in the spirit is at a level permitted under the laws for that geographical indication of the territory, locality or region indicated by that geographical indication; or\n\n(b) if any other distinctive quality or characteristic of the spirit is such as to mislead or deceive the public as to the nature of the product identified by the geographical indication.\n\n(3) In this section:\n\ngeographical indication means an indication, whether express or implied:\n\n(a) which identifies a spirit as originating in a particular country, locality or region; and\n\n(b) where a given quality, reputation or other characteristic of the spirit is essentially attributable to its origin in that particular country, locality or region.\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 1 of Standard 2.7.5 as in force on 5 December 2019 (up to Amendment No. 188). It includes any commenced amendment affecting the compilation to that date.\n\nPrepared by Food Standards Australia New Zealand on 5 December 2019.\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 2.7.5 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00399 –- 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| 2.7.5—3(3)       | 188        | F2019L015714 Dec 2019FSC1295 Dec 2019 | 5 December 2019         | am           | Omiitting and inserting subsection 3(3) |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Standard was amended (Amendment No.188, effective 5 December 2019) by omitting and inserting subsection 3(3). That amendment altered the minimum alcohol-by-volume requirement for foods sold as spirits (s.2.7.5—3(3)), thereby changing which products qualify as 'spirit' for labelling and sale."},"complexity_factors":["Multiple, detailed product definitions with permitted additives and sensory qualifiers (s.2.7.5—2).","Numeric minimum alcohol-by-volume thresholds and a specific tequila exception that determine market eligibility (s.2.7.5—3(3)).","Geographical indication rules that depend on origin, bottling location and subjective assessments of whether a product would 'mislead or deceive' (s.2.7.5—4(1)–(2)(b)).","Requirements that can affect cross-border bottling and labelling practices, implicating supply-chain decisions (s.2.7.5—4(2)).","Interpretive discretion where terms like 'taste, aroma and other characteristics generally attributable' require case-by-case judgment (s.2.7.5—2 spirit definition).","Cross-jurisdictional application in Australia and New Zealand noted in the Code's notes, affecting regulatory alignment."],"plain_english_summary":"This Standard defines what counts as \"brandy\", \"liqueur\" and \"spirit\", requires products sold under those names to meet those definitions and sets minimum alcohol-by-volume levels (tequila 35% ABV; other spirits 37% ABV). It also prohibits using a geographical indication unless the spirit is produced in the named place or meets origin/bottling and quality tests. Producers, importers, bottlers and retailers must test, label and source products to comply, creating measurable compliance and marketing constraints (see ss.2.7.5—2, 3, 4)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: setting compositional standards for spirits and protecting geographical indications. The amendment history shows only minor technical updates (omitting and reinserting subsection 3(3)), not expansion into new regulatory areas."},"complexity_factors":["Short length (only 4 operative sections plus definitions)","Minimal cross-referencing (only refers to the parent Act and general Code provisions)","Simple conditional structure (basic 'if sold as X, must be X' logic)","Only 3 defined terms (brandy, liqueur, spirit) with straightforward definitions","Single nested exception (subsection 3(3)(b)(i) creates a carve-out for tequila's lower alcohol minimum)","Geographical indication rules are conceptually dense but expressed in plain language with only one defined term"],"plain_english_summary":"This law sets legal definitions and labelling rules for spirits sold in Australia and New Zealand, requiring that products called “brandy,” “liqueur,” or “spirit” meet the specified composition and strength (generally minimum 37% ABV; tequila 35%). It bars misuse of protected place names like “Scotch” or “Cognac,” including deceptive bottling claims.\n\nIt affects distillers, importers, retailers and consumers by preventing misleading labels, ensuring product consistency and minimum alcohol standards."}},"importantCases":[],"_links":{"self":"/api/acts/f2015l00399","history":"/api/acts/f2015l00399/history","analysis":"/api/acts/f2015l00399/analysis","conflicts":"/api/acts/f2015l00399/conflicts","importantCases":"/api/acts/f2015l00399/important-cases","documents":"/api/acts/f2015l00399/documents"}}