{"id":"F2022L01061","name":"Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation","slug":"food-standards-proposal-p1030-composition-and-labelling-of-electrolyte-drinks-variation","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102548,"registerId":"commonwealth-F2022L01061-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation","content":"![Food Standards Australia New Zealand logo](image.001.png)\n\nFood Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation\n\nThe Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.\n\n9 August 2022\n\n![Signature of Matthew O’Mullane, Delegate of the Board of Food Standards Australia New Zealand](image.002.png)\n\nMatthew O’Mullane\n\nDelegate of the Board of Food Standards Australia New Zealand\n\nNote:\n\nThis variation will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation.\n\n  \n\n1 Name\n\nThis instrument is the Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation.\n\n2 Variation to Standards in the Australia New Zealand Food Standards Code\n\nThe Schedule varies Standards in the Australia New Zealand Food Standards Code.\n\n3 Commencement\n\nThe variation commences on the date of gazettal.\n\n4 Effect of the variations made by this instrument\n\n(1) Section 1.1.1—9 of Standard 1.1.1 does not apply to the variations made by this instrument.\n\n(2) During the transition period, a food product may be sold if the food product complies with one of the following:\n\n(a) the Code as in force without the variations made by this instrument; or\n\n(b) the Code as amended by the variations made by this instrument.\n\n(3) For the purposes of this clause, transition period means the period commencing on the variation’s date of commencement and ending 24 months after the date of commencement.\n\nSchedule\n\n\\[1\\] Standard 1.1.2 is varied by omitting the definition of ‘electrolyte drink’ in subsection 1.1.2—3(2), substituting\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\n\\[2\\] Standard 1.2.1 is varied by omitting paragraph 1.2.1—8(1)(t), substituting\n\n(t) the declarations and other information required for electrolyte drinks and for electrolyte drink bases (see Standard 2.6.2);\n\n\\[3\\] Standard 2.6.2 is varied by\n\n\\[3.1\\] inserting after Note 2 to the Standard\n\nDivision 1 Preliminary\n\n\\[3.2\\] omitting section 2.6.2—2, substituting\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 (except where it appears with an asterisk as ‘sugars\\*’)—means monosaccharides 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\n\\[3.3\\] inserting after section 2.6.2—5\n\nDivision 3 Non-alcoholic beverages and brewed soft drinks\n\n\\[3.4\\] omitting sections 2.6.2—9 to 2.6.2—13 inclusive, substituting\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.","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":false,"description":"The legislation remains focused on its original purpose: regulating the composition and labelling of electrolyte drinks. While it introduces detailed technical requirements (osmolality testing, specific carbohydrate ratios), these are mechanisms to achieve the stated goal of ensuring these products are fit for purpose as rehydration solutions for sustained strenuous activity. The scope has not expanded into unrelated food categories."},"complexity_factors":["Extensive cross-referencing to other Standards (1.1.1, 1.1.2, 1.2.1, 1.2.7, 1.2.8, 2.10.2) and Schedules (S1-3, S12-3, S13-2)","Nested definitions within definitions (e.g., 'claim requiring nutrition information' excludes certain items which are themselves defined elsewhere)","Dual measurement systems required (milligrams AND millimoles for electrolytes)","Conditional logic for small packages (section 2.6.2-13) with multiple cumulative conditions","Specific numerical thresholds with scientific units (mmol/L, g/L, mOsmol/kg, mOsm/L)","Carve-outs and exemptions (e.g., subsection 1.2.8-6(12) does not apply, section 1.2.8-9 does not apply)","Interpretation rules for concentrated products (electrolyte drink bases assessed 'as ready to drink')","Prescriptive wording requirements for health claims with examples that are illustrative not exhaustive"],"plain_english_summary":"This legislation tightens what can be sold as an \"electrolyte drink\" in Australia and New Zealand: products must be formulated for rapid fluid replacement during or after 60+ minutes of sustained strenuous exercise, contain minimum sodium and carbohydrate levels (with fructose limits), and meet osmolality standards (200–340 mOsmol/kg) for rapid‑rehydration claims. Labels must show usage directions, list specific sugars and electrolytes, and isotonic claims require declared osmolality.  \n\nIt mainly affects sports drink manufacturers, importers and retailers, and consumers who use these products for endurance hydration; a 24‑month sell‑through applies."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument narrows and formalises the regulatory scope for electrolyte drinks by inserting a specific definition and a dedicated Division in Standard 2.6.2 (see 2.6.2—2 and Division 4). It moves from general beverage labelling/composition rules to product‑specific compositional limits (minimum sodium, carbohydrate ranges, fructose cap) and an enumerated list of permitted electrolytes (2.6.2—11). It also creates bespoke labelling and claim regimes (2.6.2—12 to 2.6.2—18), prohibits RDI statements for these products (2.6.2—14), and establishes a 24‑month transition period for market adjustment (clause 4). These changes expand regulatory detail and compliance obligations for manufacturers/importers/retailers of electrolyte drinks and bases."},"complexity_factors":["Multiple new and revised definitions introduced into Standard 2.6.2 (including \"electrolyte drink\", \"electrolyte drink base\", and \"unit quantity\") (2.6.2—2).","Detailed compositional thresholds: minimum sodium (≥10 mmol/L), carbohydrate total (20–100 g/L) and fructose limit (≤50% of total carbohydrate) for products sold as electrolyte drinks or bases (2.6.2—11).","Separate list of permitted electrolyte substances that may be present (2.6.2—11(3)), requiring formulators to limit additives to enumerated salts and compounds.","Expanded labelling obligations: required recommended volume/frequency and NIP declarations of each monosaccharide/disaccharide and prescribed electrolytes per serving and per unit quantity (2.6.2—12(2)(a),(b)).","Special small‑package labelling rules when a nutrition claim relating to a prescribed electrolyte is made, and carve‑outs from some small‑package NIP requirements (2.6.2—13).","Prohibition on stating or declaring Recommended Dietary Intakes for electrolyte drinks and bases and inapplicability of section 1.2.8—9 to these foods (2.6.2—14).","Tight controls on claims: restricted nutrition content claims to sugar, carbohydrate, energy or presence of electrolytes (2.6.2—15); health claims permitted only if average osmolality is 200–340 mOsmol/kg and claim wording links to '60 minutes or more' strenuous activity (2.6.2—16); isotonic claims limited to 250–340 mOsmol/kg with required osmolality declaration (2.6.2—17).","Interaction and exceptions with existing Code provisions: omission/replacement of prior paragraphs and disapplication of some standard requirements (clause 4; 1.1.1—9 exemption noted in clause 4(1)).","Transition mechanics allowing sale under either old or new Code for 24 months from gazettal (clause 4(2)–(3)), creating time‑phased compliance considerations for industry."],"plain_english_summary":"This instrument adds a specific legal definition, composition limits and labelling and claims rules for \"electrolyte drinks\" and electrolyte drink bases in the Australia New Zealand Food Standards Code. It sets minimum sodium and carbohydrate ranges, limits fructose share, lists permitted electrolytes, and requires particular nutrition panel declarations and conditions for health and content claims. Manufacturers, importers and retailers of sports/rehydration beverages must follow the new formulation, labelling and claims rules, which affect product formulation, packaging information and marketing statements."}},"importantCases":[],"_links":{"self":"/api/acts/food-standards-proposal-p1030-composition-and-labelling-of-electrolyte-drinks-variation","history":"/api/acts/food-standards-proposal-p1030-composition-and-labelling-of-electrolyte-drinks-variation/history","analysis":"/api/acts/food-standards-proposal-p1030-composition-and-labelling-of-electrolyte-drinks-variation/analysis","conflicts":"/api/acts/food-standards-proposal-p1030-composition-and-labelling-of-electrolyte-drinks-variation/conflicts","importantCases":"/api/acts/food-standards-proposal-p1030-composition-and-labelling-of-electrolyte-drinks-variation/important-cases","documents":"/api/acts/food-standards-proposal-p1030-composition-and-labelling-of-electrolyte-drinks-variation/documents"}}