{"id":"F2019L01607","name":"Food Standards (Proposal P1054 – Pure and highly caffeinated products) Variation","slug":"food-standards-proposal-p1054-pure-and-highly-caffeinated-products-variation","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100460,"registerId":"commonwealth-F2019L01607-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Food Standards (Proposal P1054 – Pure and highly caffeinated products) Variation","content":"![Description: FS_Logo_K](image.001.png)\n\nFood Standards (Proposal P1054 – Pure and highly concentrated caffeine products) Variation\n\nThe Board of Food Standards Australia New Zealand gives public notice of the approval of this variation under section 97 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.\n\nDated 11 December 2019\n\n![](image.002.png)\n\nStandards Management Officer\n\nDelegate of the Board of Food Standards Australia New Zealand\n\nNote:\n\nPublic notice of the approval of the variation will be given in the Food Standards Australia New Zealand Notification Circular Number 105-19 published and issued on 12 December 2019. This means that this date is the date of public notice for the purposes of clause 3 of the variation.\n\n  \n\n1 Name\n\nThis instrument is the Food Standards (Proposal P1054 – Pure and highly caffeinated products) Variation.\n\n2 Variation to a standard in the Australia New Zealand Food Standards Code\n\nThe Schedule varies a Standard in the Australia New Zealand Food Standards Code.\n\n3 Commencement\n\nThe variation commences on the date of public notice of the approval of the variation.\n\n4 Transitional arrangements\n\nSection 1.1.1–9 of the Australia New Zealand Food Standards Code does not apply to the variations made by this instrument.\n\nSchedule\n\n\\[1\\] Standard 1.1.1 is varied by omitting paragraph 1.1.1—10(5)(f), substituting\n\n(f) if the food is for retail sale—raw apricot kernels;\n\n(g) if the food is for retail sale—a food in which caffeine is present at a concentration of:\n\n(i) 5% or greater—if the food is a solid or semi-solid food; and\n\n(ii) 1% or greater—if the food is a liquid food.","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This variation maintains its original narrow scope: banning retail sale of dangerously concentrated caffeine products. It does not expand beyond food safety into broader regulatory areas."},"complexity_factors":["Single operative provision: only one paragraph substitution in Schedule [1]","Minimal defined terms: relies on existing definitions in the Australia New Zealand Food Standards Code","No nested exceptions or conditional logic beyond the concentration thresholds (5% solid/semi-solid, 1% liquid)","Short length: approximately 300 words total","Simple structure: standard variation format with commencement and transitional provisions","Clear numerical thresholds for the prohibition"],"plain_english_summary":"This law prohibits retail sale in Australia and New Zealand of pure and highly concentrated caffeine products, banning solid/semi-solid foods with 5% or more caffeine by weight and liquids with 1% or more. It prevents consumers buying pure caffeine powder and concentrated caffeine liquids at shops or online.\n\nIt affects consumers, retailers, manufacturers and importers, who must keep retail products below those limits. It matters because concentrated caffeine can be lethal in small doses; manufacturing use and non‑retail contexts remain allowed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument alters Standard 1.1.1 by substituting paragraph 1.1.1–10(5)(f) to expressly include raw apricot kernels for retail sale and to treat foods with caffeine concentrations at or above specified thresholds (>=5% solids/semi‑solids; >=1% liquids) as within the Standard's application (Schedule, para [1]). This expands the Code's explicit coverage to pure or highly caffeinated retail products and shifts compliance obligations to manufacturers, importers and retailers of those products."},"complexity_factors":["Short, focused amendment (Schedule, para [1]) — limited number of changes reduces complexity.","Numeric concentration thresholds (5% solids/semi‑solids; 1% liquids) create clear bright‑line rules but require analytical measurement and methodology for enforcement.","Regulatory scope hinge on product form (solid/semi‑solid vs liquid) — classification disputes may arise.","Commencement and transitional arrangements (clauses 3–4) affect timing and immediate applicability to existing stock.","Omission/substitution of a specific paragraph (1.1.1–10(5)(f)) requires reference to the rest of Standard 1.1.1 to assess interactions and any residual ambiguity.","No analytical method or testing protocol specified in the instrument — enforcement agencies and industry must determine measurement standards, increasing implementation uncertainty."],"plain_english_summary":"This variation amends the Australia New Zealand Food Standards Code to treat certain pure or highly caffeinated retail foods as subject to the Standard: it lists raw apricot kernels for retail sale and sets caffeine concentration triggers — solids/semi‑solids at 5% or more, liquids at 1% or more (Schedule, para [1]). Practically, manufacturers, importers and retailers of products meeting those thresholds must meet regulatory requirements or remove/reformulate products; compliance will rely on testing and enforcement, creating direct testing and reformulation costs for affected businesses."}},"importantCases":[],"_links":{"self":"/api/acts/food-standards-proposal-p1054-pure-and-highly-caffeinated-products-variation","history":"/api/acts/food-standards-proposal-p1054-pure-and-highly-caffeinated-products-variation/history","analysis":"/api/acts/food-standards-proposal-p1054-pure-and-highly-caffeinated-products-variation/analysis","conflicts":"/api/acts/food-standards-proposal-p1054-pure-and-highly-caffeinated-products-variation/conflicts","importantCases":"/api/acts/food-standards-proposal-p1054-pure-and-highly-caffeinated-products-variation/important-cases","documents":"/api/acts/food-standards-proposal-p1054-pure-and-highly-caffeinated-products-variation/documents"}}