{"id":"F2015L00403","name":"Australia New Zealand Food Standards Code – Standard 1.5.1 – Novel foods","slug":"f2015l00403","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315744,"registerId":"commonwealth-F2015L00403-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 1.5.1 – Novel foods","content":"Standard 1.5.1 Novel foods\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 Paragraphs 1.1.1—10(5)(b) and (6)(f) provide that a food for sale must not consist of, or have as an ingredient or a component, a novel food, if the food is offered for retail sale, unless expressly permitted by this Code. This Standard contains the relevant permissions.\n\n1.5.1—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 1.5.1 – Novel foods.\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\n1.5.1—2 Definitions\n\nNote Section 1.1.2—8 (Definition of novel food) provides as follows:\n\n(1) In this Code:\n\nnovel food means a non-traditional food that requires an assessment of the public health and safety considerations having regard to:\n\n(a) the potential for adverse effects in humans; or\n\n(b) the composition or structure of the food; or\n\n(c) the process by which the food has been prepared; or\n\n(d) the source from which it is derived; or\n\n(e) patterns and levels of consumption of the food; or\n\n(f) any other relevant matters.\n\nNote Possible categories of novel foods are described in guidelines issued by FSANZ. Categories of novel foods may include, but are not limited to, the following:\n\n  plants or animals and their components;\n  plant or animal extracts;\n  herbs, including extracts;\n  dietary macro-components;\n  single chemical entities;\n  microorganisms, including probiotics;\n  foods produced from new sources, or by a process not previously applied to food.\n\nnon-traditional food means:\n\n(a) a food that does not have a history of human consumption in Australia or New Zealand; or\n\n(b) a substance derived from a food, where that substance does not have a history of human consumption in Australia or New Zealand other than as a component of that food; or\n\n(c) any other substance, where that substance, or the source from which it is derived, does not have a history of human consumption as a food in Australia or New Zealand.\n\n(2) Any of the following:\n\n(a) the presence of a food in a food for special medical purposes;\n\n(b) the presence of a food in a special medical purpose product for infants;\n\n(c) the use of a food as a food for special medical purpose;\n\n(d) the use of a food as a special medical purpose product for infants;\n\ndo not constitute a history of human consumption in Australia or New Zealand in relation to that food for the purposes of this section.\n\n1.5.1—3 Sale of novel foods\n\n(1) Despite paragraphs 1.1.1—10(5)(b) and (6)(f), a food offered for retail sale (other than an infant formula product) may consist of, or have as an ingredient, a \\*novel food if:\n\n(a) the novel food is listed in the table to section S25—2; and\n\n(b) any conditions of use specified in the corresponding row of that table are complied with.\n\nNote Novel foods are added to the table to section S25—2 by variations to the Code. When added for the first time, the conditions may include some that apply to the novel food only during the first 15 months after gazettal of the variation. Conditions may also deal with matters such as the following:\n\n· the need for preparation or cooking instructions, warning statements or other advice;\n\n· the need to meet specific requirements of composition or purity;\n\n· the class of food within which the food must be sold;\n\n· during the first 15 months after gazettal, the brand under which the food may be sold.\n\n(2) Despite paragraphs 1.1.1—10(5)(b) and (6)(f), an infant formula product for retail sale may consist of, or have as an ingredient or a \\*component, a novel food only if:\n\n(a) the novel food is listed in the table to section S25—2; and\n\n(b) the presence of that novel food in the infant formula product is expressly permitted by that table; and\n\n(c) any conditions of use specified in the corresponding row of that table are complied with.\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 [13] and [13A] 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 [13] and [13A] 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 compilation No. 2 of Standard 1.5.1 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\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 1.5.1 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00403 –- 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| Note 3 to Std | 168 | F2017L0041411 April 2017FSC11013 April 2017 | 13 April 2017 | am | Cross-reference. |\n| 1.5.1— 3 | 168 | F2017L0041411 April 2017FSC11013 April 2017 | 13 April 2017 | am | Cross-reference. |\n| 1.5.1—2(2) | 231 | F2024L0115113 Sept 2024FSC 17113 Sept 2024 | 13 September 2024 | rs | Repeal subsection 1.5.1—2(2) and substitute. |\n| 1.5.1—3 | 231 | F2024L0115113 Sept 2024FSC 17113 Sept 2024 | 13 September 2024 | rs | Repeal section 1.5.1—3 and substitute. |","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":4,"scope_assessment":{"changed":false,"description":"The Standard maintains its original narrow scope as a permissions gateway for novel foods. While Amendment 231 (September 2024) introduced specific transitional arrangements for infant formula products and refined the definition section, these changes remain within the Standard's original purpose of regulating novel food safety and permissions. The core mechanism — prohibiting sale unless listed in S25-2 — remains unchanged since commencement in 2016."},"complexity_factors":["Multiple defined terms requiring cross-reference to section 1.1.2-8 (novel food, non-traditional food)","Nested conditional logic: general permission vs. infant formula permission with additional 'expressly permitted' requirement","External referencing to table in section S25-2 for the actual list of permitted foods (the Standard itself contains no substantive permissions)","Transitional provisions table with HTML formatting containing detailed clause-by-clause analysis of Amendment 231","Amendment history tracking mechanism with abbreviations and cross-references to Federal Register of Legislation","Dual jurisdiction application (Australia and New Zealand) with different enabling statutes"],"plain_english_summary":"This Standard acts as a gatekeeper for \"novel foods\" in Australia and New Zealand: you generally cannot sell a new or unusual food unless it’s on the approved list in the Food Standards Code and any attached conditions (labels, limits, instructions) are met. It mainly affects food manufacturers, importers and retailers, with extra‑strict requirements for infant formula. The rule ensures new ingredients are safety‑assessed before reaching consumers."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Amendment No. 231 (registered 13 Sept 2024) repealed and substituted subsection 1.5.1—2(2) and section 1.5.1—3 and inserted transitional arrangements. The amendment (effective 13 Sept 2024) creates a transition period (13 Sept 2024–13 Sept 2029) during which a food product may be sold if it complies with either the Code as in force before the variations or the Code as amended, and allows products labelled before the end of the transition period to be sold afterwards (see transitional clause describing Clause 4 and the table entry for the Proposal P1028 variation)."},"complexity_factors":["Extensive cross-references to other Code sections and external tables (e.g. table to section S25—2, sections 1.1.1—10 and 1.1.2—8)","A multi-part definition of 'novel food' that triggers assessment on several grounds (composition, process, source, consumption patterns)","Permission-by-listing regime (FSANZ adds novel foods to S25—2) with bespoke conditions for each listing","Distinct and stricter pathway for infant formula products (express permission required) increasing regulatory divergence","Transitional arrangements allowing dual compliance (either prior Code or amended Code during 13 Sept 2024–13 Sept 2029) add temporal complexity for supply chains","Temporary/first-15-month special conditions (e.g. brand, preparation instructions) create staged compliance requirements","Interaction with New Zealand law via adoption/incorporation increases jurisdictional complexity","Amendment history and repeal/substitute mechanics require tracking prior and current text to determine obligations"],"plain_english_summary":"This Standard defines “novel food” and permits retail sale only when the novel food is listed in the table to section S25—2 and any conditions in that table are met; infant formula requires an express permission (1.5.1—2; 1.5.1—3). Amendment No. 231 (effective 13 Sept 2024) repealed and replaced parts of the Standard and established a transition (13 Sept 2024–13 Sept 2029) allowing products to comply with either the prior Code or the amended Code. Producers/importers bear compliance costs (labelling/composition); FSANZ (via Code variations) decides permitted novel foods; businesses must meet conditions or rely on transitional labelling allowances."}},"importantCases":[],"_links":{"self":"/api/acts/f2015l00403","history":"/api/acts/f2015l00403/history","analysis":"/api/acts/f2015l00403/analysis","conflicts":"/api/acts/f2015l00403/conflicts","importantCases":"/api/acts/f2015l00403/important-cases","documents":"/api/acts/f2015l00403/documents"}}