{"id":"F2015L00467","name":"Australia New Zealand Food Standards Code – Standard 2.6.4 – Formulated caffeinated beverages","slug":"f2015l00467","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315824,"registerId":"commonwealth-F2015L00467-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 2.6.4 – Formulated caffeinated beverages","content":"![Description: FS_Logo_K](image.001.png)\n\nFood Standards (Proposal P1025 – Code Revision) Variation\n\nThe Board of Food Standards Australia New Zealand gives notice of the making of this standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on 1 March 2016.\n\nDated 25 March 2015\n\n![](image.002.png)\n\nStandards Management Officer\n\nDelegate of the Board of Food Standards Australia New Zealand\n\n> Note:\n\n> Note: This Standard will be published in the Commonwealth of Australia Gazette No. FSC 96 on 10 April 2015.\n\nStandard 2.6.4 Formulated caffeinated beverages\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\n2.6.4—1 Name\n\nThis Standard is Australia New Zealand Food Standards Code – Standard 2.6.4 – Formulated caffeinated beverages.\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\n2.6.4—2 Definitions\n\nNote In this Code (see sections 1.1.2—3 and 1.1.2—6):\n\nnon-alcoholic beverage:\n\n(a) means:\n\n    (i) packaged water; or\n    (ii) a water-based beverage, or a water-based beverage that contains other foods (other than alcoholic beverages); or\n    (iii) an electrolyte drink; and\n\n(b) does not include a brewed soft drink.\n\nformulated caffeinated beverage means a flavoured, non-alcoholic beverage, or a flavoured, non-alcoholic beverage to which other substances (for example, carbohydrates, amino acids, vitamins) have been added, that:\n\n(a) contains caffeine; and\n\n(b) has the purpose of enhancing mental performance.\n\nTo avoid doubt, a formulated caffeinated beverage is a water based flavoured drink for the purposes of item 14.1.3 of section S15—5, and section S18—10.\n\nIn this Standard:\n\nlisted substance means a substance listed in Column 1 of the table in section S28—2.\n\n2.6.4—3 Composition—formulated caffeinated beverages\n\nA formulated caffeinated beverage:\n\n(a) must contain no less than 145 mg/L and no more than 320 mg/L of caffeine in total, from any source; and\n\n(b) may contain a listed substance.\n\n2.6.4—4 Prohibition on mixing formulated caffeinated beverages\n\nA food for sale (other than a formulated caffeinated beverage) must not be a mixture of a non-alcoholic beverage and a formulated caffeinated beverage.\n\n2.6.4—5 Labelling requirements—formulated caffeinated beverage\n\nRequired declarations\n\n(1) For the labelling provisions, the required declarations of average quantities are a declaration of the \\*average quantity, per serving size and per 100 mL, of:\n\n(a) caffeine, expressed in milligrams; and\n\n(b) each listed substance (if any) that the beverage contains, expressed in the units in Column 2 of the table to section S28—2.\n\nNote The labelling provisions are set out in Standard 1.2.1.  \n\n(2) The declarations under subsection (1):\n\n(a) may be adjacent to or follow a nutrition information panel on the label; and\n\n(b) may be set out in the format in section S12—5; and\n\n(c) may not be set out in the nutrition information panel.\n\nRequired advisory statements\n\n(3) For the labelling provisions, the required advisory statements are statements to the effect that:\n\n(a) the food contains caffeine; and\n\n(b) the food is not recommended for:\n\n    (i) children; or\n    (ii) pregnant or lactating women; or\n    (iii) individuals sensitive to caffeine; and\n\n(c) if the food contains a listed substance—no more than a one-day quantity should be consumed per day.\n\nNote 1 The labelling provisions are set out in Standard 1.2.1.\n\nNote 2 Subsection 1.2.1—9(7) and paragraph 1.2.1—9(8)(g) each contain a labelling requirement for formulated caffeinated beverages that are not required to bear a label.\n\nNote 3 For a formulated caffeinated beverage, the one-day quantity is the maximum amount that should be consumed in a day. For each listed substance that the beverage contains, a one-day quantity will not contain more than the amount in the corresponding row of the table to section S28—2.\n\n(4) For the advisory statement required by paragraph (3)(c), the one-day quantity may be expressed as mL, or as cans or bottles, as appropriate.\n\n(5) For paragraph (3)(c), to determine the one-day quantity:\n\n(a) for each listed substance that the food contains, calculate the equivalent amount in accordance with the equation in subsection (6); and\n\n(b) select, as the one-day quantity, the lowest of the equivalent amounts as so calculated.\n\n(6) For subsection (5), the equation is:\n\n![](image.003.png)\n\nwhere:\n\npermitted amount is, for a listed substance, the permitted amount identified in the table to section S28—2.\n\nconcentration is the concentration of the substance in the beverage, in mg/L.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This standard appears focused and contained. It addresses a specific product category (formulated caffeinated beverages/energy drinks) with targeted provisions for composition, prohibitions, and labelling. There is no evidence of scope creep beyond the original regulatory intent of controlling caffeine-containing performance-enhancing beverages."},"complexity_factors":["Cross-references to multiple other standards: Standard 1.2.1 (labelling), section S28-2 (listed substances table), section S15-5, section S18-10, and section S12-5 (formatting)","Mathematical calculation required for one-day quantity determination with a defined equation involving concentration ratios","Nested definitions: 'formulated caffeinated beverage' depends on 'non-alcoholic beverage' which itself has a multi-part definition with exceptions","Conditional labelling requirements that vary based on whether listed substances are present","Dual jurisdiction application (Australia and New Zealand) with different enabling legislation referenced","Specific numerical thresholds (145 mg/L minimum, 320 mg/L maximum) that create precise compliance boundaries"],"plain_english_summary":"This standard governs formulated caffeinated (energy) drinks in Australia and New Zealand, setting permitted caffeine levels, banning sale of ordinary drinks mixed with energy formulations, and requiring clear labels that disclose caffeine, listed ingredients, warnings for children/pregnant/breastfeeding people, and recommended daily limits.\n\nIt chiefly affects manufacturers, importers and retailers, and aims to protect public health by limiting high caffeine exposure, preventing hidden caffeine in regular beverages, and ensuring consumers can make informed choices."},"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":true,"description":"The instrument establishes a discrete regulatory category with specific compositional limits, sale restrictions and bespoke labelling rules for formulated caffeinated beverages. Mechanically this creates new obligations for manufacturers and sellers (formulation, testing, labelling, and sales practices) and assigns enforcement responsibility to regulators; the standard therefore expands the Code’s operational scope by prescribing product‑level rules not previously set out in this instrument."},"complexity_factors":["Technical numeric limits for caffeine (145–320 mg/L) that require testing and quality control (s 2.6.4—3(a)).","Defined product scope and interaction with other Code categories (definition of formulated caffeinated beverage; cross-reference to item 14.1.3 of S15—5) (s 2.6.4—2).","Allowance of ‘listed substances’ but a requirement to calculate a ‘one‑day quantity’ using a formula tied to amounts in the S28—2 table (s 2.6.4—5(3)(c), (5)–(6); S28—2), adding an analytical compliance step.","Detailed labelling rules including average quantity declarations per serving and per 100 mL, placement restrictions, and advisory statements (s 2.6.4—5(1)–(4); cross-ref Standard 1.2.1 and section S12—5).","Prohibition on mixing for sale (s 2.6.4—4) which creates a sale/packaging restriction that may affect product offerings and retailer practices.","Multiple cross‑references to other Code sections and external instruments (Standard 1.2.1, S12—5, S28—2, Food Act 2014 (NZ)), increasing legal navigation costs for businesses and regulators (notes and s 2.6.4—2, s 2.6.4—5 notes).","Potential edge cases and exemptions (labelling requirements for products not required to bear a label are separately addressed in 1.2.1—9), creating compliance uncertainty for some supply chains (s 2.6.4—5 notes)."],"plain_english_summary":"This Standard creates a legal category called “formulated caffeinated beverages” and sets rules manufacturers and sellers must follow: it limits total caffeine concentration, allows certain added substances, bans mixing these drinks with other non‑alcoholic beverages for sale, and requires specific advisory labelling. It matters to beverage producers (who bear testing, formulation and labelling costs) and to regulators (who enforce compliance), because it alters product formulation choices and consumer information available at point of sale."}},"importantCases":[],"_links":{"self":"/api/acts/f2015l00467","history":"/api/acts/f2015l00467/history","analysis":"/api/acts/f2015l00467/analysis","conflicts":"/api/acts/f2015l00467/conflicts","importantCases":"/api/acts/f2015l00467/important-cases","documents":"/api/acts/f2015l00467/documents"}}