{"id":"F2025L00923","name":"Food Standards (Proposal P1059 – Energy labelling on alcoholic beverages) Variation","slug":"food-standards-proposal-p1059-energy-labelling-on-alcoholic-beverages-variation","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106655,"registerId":"commonwealth-F2025L00923-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Food Standards (Proposal P1059 – Energy labelling on alcoholic beverages) Variation","content":"![Food Standards Australia New Zealand logo](image.001.png)\n\nFood Standards (Proposal P1059 – Energy labelling on alcoholic beverages) 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\nDated 30 July 2025\n\n![Signature of the Delegate of the Board of Food Standards Australia New Zealand](image.002.png)\n\nMatthew O’Mullane, General Manager, Food Safety \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 180 on 13 August 2025. 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 P1059 – Energy labelling on alcoholic beverages) 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 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) A food product that was packaged and labelled before the end of the transition period may be sold after the transition period if the 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(4) For the purposes of this clause, the transition period means the period commencing on the variation’s date of commencement and ending 36 months after the date of commencement.\n\nSchedule\n\nStandard 1.1.2\n\n\\[1\\] At the end of section 1.1.2—9\n\nInsert:\n\nDisplay of a required energy statement does not constitute a nutrition content claim\n\n(5) To avoid doubt, the display of an energy statement required by section 2.7.1—4A does not constitute a nutrition content claim.\n\nVoluntary additional display of a required energy statement does not constitute a nutrition content claim\n\n(6) If this Code does not require a layer of packaging of a \\*prescribed beverage to display an energy statement referred to in section 2.7.1—4A, the display of that statement on that layer of packaging does not constitute a nutrition content claim.\n\nStandard 1.2.1\n\n\\[2\\] Paragraph 1.2.1—8(1)(z)\n\nRepeal the paragraph, substitute:\n\n(z) the required information for reduced sodium salt mixtures and salt substitutes (see section 2.10.2—8);\n\n(za) for \\*prescribed beverages—an energy statement (see section 2.7.1—4A).\n\nStandard 2.7.1\n\n\\[3\\] Note to section 2.7.1—2\n\nInsert each of the following in alphabetical order:\n\naverage energy content means the average energy content calculated in accordance with section S11—2.\n\nprescribed beverage means:\n\n(a) a \\*standardised alcoholic beverage; or\n\n(b) a beverage containing no less than 0.5% alcohol by volume.\n\nserving means an amount of the food which constitutes one normal serving when prepared according to manufacturer’s directions or when the food requires no further preparation before consumption, and in the case of a formulated meal replacement is equivalent to one meal.\n\nsmall package means a package with a surface area of less than 100 cm2.\n\n\\[4\\] After subsection 2.7.1—4(1)\n\nInsert:\n\n(1A) The statement must not appear in:\n\n(a) an energy statement required by paragraph 1.2.1—8(1)(za); or\n\n(b) a nutrition information panel.\n\nNote An energy statement required by paragraph 1.2.1—8(1)(za) must state the approximate number of standard drinks equivalent to one serving of the prescribed beverage. Section 2.7.1—4F requires a nutrition information panel for certain prescribed beverages to state the approximate number of standard drinks equivalent to one serving of the beverage concerned.\n\n\\[5\\] After section 2.7.1—4\n\nInsert:\n\n2.7.1—4A Energy statement\n\n(1) For the labelling provisions, an energy statement is required for a \\*prescribed beverage.\n\nNote The labelling provisions are set out in Standard 1.2.1.\n\n(2) An energy statement is not required for a \\*prescribed beverage that:\n\n(a) has a nutrition information panel required by Standard 1.2.8; or\n\n(b) has a voluntary nutrition information panel in accordance with section 2.7.1—4E; or\n\n(c) is a food for sale in a \\*small package.\n\n(3) An energy statement required by subsection (1) must comply with sections 2.7.1—4B, 2.7.1—4C and 2.7.1—4D.\n\n2.7.1—4B What must be in an energy statement\n\n(1) The energy statement must contain the following information:\n\n(a) the number of servings in the package; and\n\n(b) the \\*average quantity of the beverage in a serving expressed in millilitres; and\n\n(c) the \\*average energy content expressed in kilojoules or both in kilojoules and in kilocalories per:\n\n(i) serving of the beverage; and\n\n(ii) 100 mL of the beverage; and\n\n(d) the approximate number of \\*standard drinks equivalent to one serving of the beverage.\n\n(2) The number required by paragraph (1)(d) must be accurate to the first decimal place.\n\n(3) The energy statement must be set out in the following format unless this Code provides otherwise:\n\n```html\n

ENERGY INFORMATION

Servings per package: (insert number of servings)

Serving size: mL ([insert number] standard drinks)

Quantity per serving

Quantity per 100 mL

Energy

kJ (Cal)

kJ (Cal)

\n```\n\n2.7.1—4C How to express particular matters in an energy statement\n\n(1) The energy statement must clearly indicate that any average quantities set out in the statement are average quantities.\n\n(2) In an energy statement, ‘package’ may be replaced by ‘can’, ‘bottle’ or any other word or words that accurately describes the package containing the \\*prescribed beverage.\n\n(3) The \\*average energy content must be expressed in an energy statement to not more than 3 significant figures.\n\n(4) If the \\*average energy content per serving or 100 mL of the \\*prescribed beverage is less than 40 kJ, that average energy content may be expressed in the energy statement as ‘LESS THAN 40 kJ’.\n\n2.7.1—4D Percentage daily intake information\n\n(1) The energy statement may include information relating to the percentage daily intake of energy in the statement.\n\n(2) If information relating to percentage daily intake of energy is included, the energy statement must include:\n\n(a) the percentage daily intake of energy per serving, calculated using 8700 kJ as the reference value; and\n\n(b) either of the following statements:\n\n(i) ‘based on an average adult diet of 8700 kJ’; or\n\n(ii) ‘Percentage daily intakes are based on an average adult diet of 8700 kJ’.\n\n(3) For subsection (2), an example energy statement with percentage daily intake information is:\n\n```html\n

ENERGY INFORMATION

Servings per package: (insert number of servings)

Serving size: mL ([insert number] standard drinks)

Quantity per serving

% Daily intake* (per serving)

Quantity per 100 mL

Energy

kJ (Cal)

%

kJ (Cal)

*Percentage daily intakes are based on an average adult diet of 8700 kJ.

\n```\n\n2.7.1—4E Voluntary nutrition information panel for food containing alcohol\n\n(1) This section applies to a food that:\n\n(a) contains more than 1.15% alcohol by volume; and\n\n(b) is not required by Standard 1.2.8 to have a nutrition information panel.\n\n(2) The label on a package of the food may include a nutrition information panel that is not required by Standard 1.2.8 to be included on that label (a voluntary nutrition information panel).\n\n(3) The voluntary nutrition information panel referred to in subsection (2) must:\n\n(a) contain the information as required by each of the following provisions for a mandatory nutrition information panel:\n\n(i) paragraphs 1.2.8—6(1)(a), (b) and (c);\n\n(ii) subparagraphs 1.2.8—6(1)(d)(i), (ii) and (iii);\n\n(iii) if a \\*prescribed beverage—section 2.7.1—4F; and\n\n(b) be set out in the format in section S12—2.\n\n2.7.1—4F Nutrition information panel for a prescribed beverage – number of standard drinks in a serving\n\n(1) The nutrition information panel for a \\*prescribed beverage, other than a prescribed beverage to which subsection (3) applies, must state the approximate number of \\*standard drinks equivalent to one serving of that beverage.\n\n(2) The nutrition information panel for a \\*prescribed beverage to which subsection (3) applies may state the approximate number of \\*standard drinks equivalent to one serving of that beverage.\n\n(3) This subsection applies to a \\*prescribed beverage:\n\n(a) that \\*bears a label with the statement required by section 2.7.1—4; and\n\n(b) the number of \\*standard drinks declared in that statement is the same as the approximate number of standard drinks equivalent to one serving of that beverage.\n\nNote Section 2.7.1—4 and the labelling provisions in Standard 1.2.1 require the labelling for a food for sale that is capable of being consumed as a beverage and contains more than 0.5% alcohol by volume, measured at 20°C, to state the approximate number of standard drinks in that food for sale.\n\n(4) The number stated in accordance with subsection (1) or (2) must be:\n\n(a) accurate to the first decimal place; and\n\n(b) stated in the nutrition information panel in brackets and immediately after the entry in the panel for the \\*average quantity of the food in a serving.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument expands labelling scope to require an energy statement for ‘prescribed beverages’ — defined as standardised alcoholic beverages or beverages with ≥0.5% alcohol by volume — where previously such an energy statement was not mandated (see Note to 2.7.1—2 and 2.7.1—4A). It preserves exceptions for products already carrying a nutrition information panel, voluntary panels, and small packages (see 2.7.1—4A(2)), and introduces a 36‑month transition for existing stock (see cl.4(4))."},"complexity_factors":["Multiple cross-references across Standards 1.2.1, 1.2.8 and 2.7.1 create layered obligations and exemptions (see paragraph 1.2.1—8(1)(za) and 2.7.1—4A).","Detailed content and format requirements (servings, mL per serving, kJ per serving and per 100 mL, standard‑drinks to one decimal) increase compliance precision (see 2.7.1—4B(1)–(2) and 2.7.1—4C(3)).","A specified HTML/table layout is provided as the default presentation, which may complicate label artwork and printing (see 2.7.1—4B(3) and example tables).","Definitions and measurement rules require laboratory/analytical calculations (average energy content per section S11—2; defined terms in the Note to 2.7.1—2).","Multiple exemptions and voluntary options (mandatory NIP, voluntary NIP, small package) require case‑by‑case legal/operational assessment (see 2.7.1—4A(2), 2.7.1—4E and definition of small package).","Precision rules for declaring standard drinks and interaction between energy statements and nutrition information panels add formatting and verification burdens (see 2.7.1—4B(2) and 2.7.1—4F).","A long transition period (36 months) reduces immediate disruption but raises inventory and enforcement timing issues (see cl.4(4))."],"plain_english_summary":"This variation requires packaged alcoholic beverages defined as “prescribed beverages” (standardised alcoholic beverages or drinks ≥0.5% ABV) to carry an energy statement showing servings per package, serving size in mL, energy per serving and per 100 mL, and the approximate number of standard drinks per serving (see 2.7.1—4A and 2.7.1—4B). Manufacturers, packagers and importers bear the labelling and calculation obligations. A 36‑month transition lets products with older labels be sold until the end of that period; some exemptions apply (see cl.4(4) and 2.7.1—4A(2))."},"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":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of adding energy labelling to alcoholic beverages. While it creates some complexity through exemptions and cross-references to existing labelling requirements, it does not expand beyond the core policy intent of Proposal P1059."},"complexity_factors":["Multiple nested exemptions: energy statements not required if a nutrition information panel already exists, or for small packages, or for pre-transition stock","Cross-references to at least 5 other standards (1.1.1, 1.2.1, 1.2.8, 2.7.1, S11-2, S12-2) and requires understanding of 'standard drinks' labelling already in section 2.7.1-4","Precise formatting requirements including HTML table structures with specific dimensions and font sizes","Conditional logic for percentage daily intake (optional but if included triggers additional mandatory statements)","Interaction between mandatory energy statements and voluntary nutrition panels creates overlapping compliance pathways","Defined terms introduced: 'average energy content', 'prescribed beverage', 'serving', 'small package' — though only 4 new definitions","Decimal place accuracy requirements (first decimal place for standard drinks, 3 significant figures for energy content)"],"plain_english_summary":"This law requires most alcoholic drinks sold in Australia and New Zealand to carry an energy statement (kilojoules, optional calories), plus standard-drink and serving-count information, bringing alcohol labelling into line with packaged foods. It forces manufacturers and importers to redesign labels, allows retailers a 36‑month sell‑through period for existing stock, and exempts products with full nutrition panels, very small packages, or items labelled before the transition. The change gives consumers clear energy information to better manage calorie intake from alcohol."}},"importantCases":[],"_links":{"self":"/api/acts/food-standards-proposal-p1059-energy-labelling-on-alcoholic-beverages-variation","history":"/api/acts/food-standards-proposal-p1059-energy-labelling-on-alcoholic-beverages-variation/history","analysis":"/api/acts/food-standards-proposal-p1059-energy-labelling-on-alcoholic-beverages-variation/analysis","conflicts":"/api/acts/food-standards-proposal-p1059-energy-labelling-on-alcoholic-beverages-variation/conflicts","importantCases":"/api/acts/food-standards-proposal-p1059-energy-labelling-on-alcoholic-beverages-variation/important-cases","documents":"/api/acts/food-standards-proposal-p1059-energy-labelling-on-alcoholic-beverages-variation/documents"}}