Section 1 - Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods - Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods

Schedule 25 Permitted novel foods

Note 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.

Novel foods are regulated by paragraphs 1.1.1—10(5)(b) and (6)(f) and Standard 1.5.1. This Standard lists permitted novel foods, and specifies conditions for their use, for section 1.5.1—3.

Note 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.

S25—1 Name

This Standard is Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods.

Note Commencement:
This 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.

S25—2 Sale of novel foods

For section 1.5.1—3, the permitted *novel foods and their conditions for use are:

Sale of novel foods

Permitted novel food	Conditions of use
D-allulose	May only be a food for retail sale if that food is a tabletop sweetener.May only be added to a food listed in condition 4.A food listed in condition 4 must not contain added D-allulose in an amount or at a level greater than the limit, if any, specified in that condition for that food.4. The listed foods are:(a) bakery products (limit: 10% w/w);(b) bubble gum (limit: 50% w/w);(c) breakfast cereals (limit: 5% w/w);(d) cereal bars (limit: 5% w/w);(e) chewing gum (limit: 50% w/w);(f) confectionery (but not chocolate) (limit: 50% w/w);(g) desserts (with or without gelatine) (limit: 10% w/w);(h) edible ices (including sorbet) (limit: 5% w/w);(i) frostings (limit: 5% (w/w));(j) fruit spreads (but not chutney) (limit: 10% w/w);(k) ice cream (limit: 5% w/w);(l) icings (limit: 5% w/w);(m) imitation cream (limit: 5% w/w);(n) non-alcoholic water based flavoured drinks (limit: 3.5% w/w);Note See the definition of ‘a non-alcoholic water based flavoured drink’ in condition 5 below.(o) salad dressings (limit: 5% w/w);(p) sweet sauces (limit: 10% w/w);(q) syrups (limit: 10% w/w);(r) tabletop sweeteners (limit: 100% w/w);(s) yoghurt (limit: 5% w/w);Note An advisory statement to the effect that excess consumption may have a laxative effect is required for certain foods for sale containing D-allulose. See subsection 1.2.3—2(2)5. For the purposes of this permission, a non-alcoholic water based flavoured drink:(a) includes: a brewed soft drink; a non-brewed soft drink; a cola type drink; a formulated caffeinated beverage; a fruit drink; a tea beverage; a coffee beverage; a powdered drink concentrate; and a liquid drink concentrate; and(b) does not include: a food standardised in Part 2.9 of the Code; a dairy analogue; a fruit juice; a vegetable juice; a formulated beverage; an electrolyte drink; and an electrolyte drink base.6. During the exclusive use period, only D-allulose sold under the brand Nexweet may be a food for retail sale in accordance with condition 1 or added to food in accordance with conditions 2 to 5 above.7. For the purposes of condition 6 above, exclusive use period means the period commencing on the date of gazettal of the Food Standards (Application A1247 – D-allulose as a novel food) Variation and ending 15 months after that date.

Permitted novel food

Conditions of use

D-allulose

May only be a food for retail sale if that food is a tabletop sweetener.May only be added to a food listed in condition 4.A food listed in condition 4 must not contain added D-allulose in an amount or at a level greater than the limit, if any, specified in that condition for that food.4. The listed foods are:(a) bakery products (limit: 10% w/w);(b) bubble gum (limit: 50% w/w);(c) breakfast cereals (limit: 5% w/w);(d) cereal bars (limit: 5% w/w);(e) chewing gum (limit: 50% w/w);(f) confectionery (but not chocolate) (limit: 50% w/w);(g) desserts (with or without gelatine) (limit: 10% w/w);(h) edible ices (including sorbet) (limit: 5% w/w);(i) frostings (limit: 5% (w/w));(j) fruit spreads (but not chutney) (limit: 10% w/w);(k) ice cream (limit: 5% w/w);(l) icings (limit: 5% w/w);(m) imitation cream (limit: 5% w/w);(n) non-alcoholic water based flavoured drinks (limit: 3.5% w/w);Note See the definition of ‘a non-alcoholic water based flavoured drink’ in condition 5 below.(o) salad dressings (limit: 5% w/w);(p) sweet sauces (limit: 10% w/w);(q) syrups (limit: 10% w/w);(r) tabletop sweeteners (limit: 100% w/w);(s) yoghurt (limit: 5% w/w);Note An advisory statement to the effect that excess consumption may have a laxative effect is required for certain foods for sale containing D-allulose. See subsection 1.2.3—2(2)5. For the purposes of this permission, a non-alcoholic water based flavoured drink:(a) includes: a brewed soft drink; a non-brewed soft drink; a cola type drink; a formulated caffeinated beverage; a fruit drink; a tea beverage; a coffee beverage; a powdered drink concentrate; and a liquid drink concentrate; and(b) does not include: a food standardised in Part 2.9 of the Code; a dairy analogue; a fruit juice; a vegetable juice; a formulated beverage; an electrolyte drink; and an electrolyte drink base.6. During the exclusive use period, only D-allulose sold under the brand Nexweet may be a food for retail sale in accordance with condition 1 or added to food in accordance with conditions 2 to 5 above.7. For the purposes of condition 6 above, exclusive use period means the period commencing on the date of gazettal of the Food Standards (Application A1247 – D-allulose as a novel food) Variation and ending 15 months after that date.

Section affected	A’ment No.	FRL registrationGazette	Commencement(Cessation)	How affected	Description of amendment
Note 1 to Std	168	F2017L0041411 April 2017FSC11013 April 2017	13 April 2017	am	Cross-reference.
table to S25—2	170	F2017L0058623 May 2017FSC11225 May 2017	25 May 2017	ad	Entry for oil derived from marine micro-algae Schizochytrium sp. (American Type Culture Collection (ATCC) PTA-9695)
table to S25—2	170	F2017L0058423 May 2017FSC11225 May 2017	25 May 2017	am	Entry for *Phytosterols, phytostanols and their esters.
table to S25—2	171	F2017L0091511 July 2017FSC11313 July2017	13 July 2017	ad	Entry for isomalto-oligosaccharide.
table to S25—2	200	F2021L006842 June 2021FSC1413 June 2021	3 June 2021	am	Entry for *Phytosterols, phytostanols and their esters.
table to S25—2	139	F2021L0032424 March 2021FSC 13926 March 2021	30 June 2021	ad	Entry for Rapeseed protein isolate
table to S25—2	215	F2023L0003212 January 2023FSC15516 January 2023	16 January 2023	ad	Entry for *Phytosterols, phytostanols and their esters
table to S25—2	220	F2023L0100411 July 2023FSC16019 July 2023	19 July 2023	rs	Entry for rapeseed protein isolate
table to S25—2	231	F2024L0115113 Sept 2024FSC17113 Sept 2024	13 September 2024	rs	Repeal table entries for Dried marine micro-algae, Oil derived from marine micro-algae Schizochytrium sp., Oil derived from marine micro-algae and Oil derived from marine micro-algae and substitute.
table to S25—2	231	F2024L0115113 Sept 2024FSC17113 Sept 2024	13 September 2024	rs	Repeal table item Isomalto-oligosaccharide and substitute.
table to S25—2	231	F2024L0115113 Sept 2024FSC17113 Sept 2024	13 September 2024	rs	Repeal the condition entry for Rapeseed protein isolate and substitute.
table to S25—2	231	F2024L0115113 Sept 2024FSC17113 Sept 2024	13 September 2024	rs	Repeal table item for Trehalose and substitute.
Table 2 S25—2	233	F2024L0137728 October 2024FSC17329 October 2024	29 October 2024	ad	Insert D-allulose and associated Conditions of use into S25—2 table.

1Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods

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