Commonwealth legislation

Australia New Zealand Food Standards Code – Standard 1.1.2 – Definitions used throughout the Code

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This Standard fixes the legal meanings of words used across the Australia New Zealand Food Standards Code — for example, precise definitions for foods, additives, labelling terms, novel foods (including genetically modified and cell‑cultured), and enforcement roles. It determines which compositional and labelling rules apply.

It mainly affects suppliers, manufacturers, packers, importers and regulators: suppliers pay compliance costs (labelling, formulation, record‑keeping), regulators decide enforcement, and businesses must change product composition, packaging or documentation to meet the defined terms and transition timelines.

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What it does

This Standard sets out the definitions that apply throughout the Australia New Zealand Food Standards Code (the Code). It does not itself impose compositional or labelling rules, but it determines when those other rules apply by defining the technical and legal terms those rules use. The Standard is located at Australia New Zealand Food Standards Code - Standard 1.1.2 and commenced on 1 March 2016 (see 1.1.2,1 and the commencement note). It operates as a dictionary for the Code by:

specifying which statutory or external meanings take precedence (subsections 1.1.2,2(1) and (2) state that where a term also appears in the FSANZ Act or an application Act, the meaning in those Acts applies unless a contrary intention appears);
providing detailed, operative definitions for hundreds of terms used elsewhere in the Code (see the long list in 1.1.2,2(3), Part 1.1.2,3 and related subsections);
defining thresholds and technical concepts that trigger obligations in other Standards (for example, "prescribed beverage", "characterising ingredient", "nutrition content claim", "used as a food additive", "used as a processing aid" and "novel food" at sections 1.1.2,2(3), 1.1.2,4, 1.1.2,9, 1.1.2,11, 1.1.2,13 and 1.1.2,8 respectively);
incorporating external reference lists and standards by reference (for example permitted flavouring substances list references to EU, US and Codex sources at the definition of "permitted flavouring substance", and references to Schedules and other Standards such as Schedules 14-18 and Standards 1.2.7 and 1.2.8);
supplying definitions that allocate regulatory status to novel technologies and products (for example "cell-cultured food", "genetically modified food", and "novel DNA" at 1.1.2,2(3) and 1.1.2,16-17);

Current sections

Direct links to the current provisions in Australia New Zealand Food Standards Code – Standard 1.1.2 – Definitions used throughout the Code.

1.1.2—1

Name

1.1.2—1 Name

This Standard is Australia New Zealand Food Standards Code – Standard 1.1.2 – Definitions used throughout the Code.

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.

1.1.2—2

Definitions—general

1.1.2—2 Definitions—general

Note Definitions for foods are provided in section 1.1.2—3.

(1) Subject to subsection (2), a term used in this Code that is also used in the *FSANZ Act has the same meaning as in the FSANZ Act, unless the contrary intention appears.

(2) In applying this Code under an application Act, a term used in this Code that is also used in the *application Act has the same meaning as in the application Act, unless the contrary intention appears.

Example A contrary intention is apparent in the definition of label in subsection 1.1.2—2(3).

(3) In this Code, unless the contrary intention appears, the following definitions apply:

additive permitted at GMP—see section 1.1.2—11.

agvet chemical means an agricultural chemical product or a veterinary chemical product, within the meaning of the Agvet Code.

Note The Agvet Code is the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cth). See subsection 4(1) of the FSANZ Act.

amino acid modified food—see section 2.9.6—2.

AS/NZS means a joint Australia New Zealand Standard published by Standards Australia.

application Act means an Act or Ordinance of a *jurisdiction under which the requirements of this Code are applied in the jurisdiction.

AS means an Australian Standard published by Standards Australia.

assisted service display cabinet means an enclosed or semi-enclosed display cabinet which requires a person to serve the food as requested by the purchaser.

authorised officer, in relation to a jurisdiction, means a person authorised or appointed under an application Act or other legislation of the relevant *jurisdiction for the purposes of enforcement of a provision of the relevant application Act, or for purposes that include that purpose.

available carbohydrate means available carbohydrate calculated in accordance with section S11—3.

available carbohydrate by difference means available carbohydrate by difference calculated in accordance with section S11—3.

average energy content means the average energy content calculated in accordance with section S11—2.

average quantity, of a substance in a food, means the average, for such foods from that producer or manufacturer, of:

(a) where a serving or reference amount is specified—the amount of the substance that such a serving or reference amount contains; or

(b) otherwise—the proportion of that substance in the food, expressed as a percentage.

Note See also section 1.1.1—6.

baked-for date, in relation to bread, means:

(a) if the time at which the bread was baked is before midday—the baked-on date;

(b) if the time at which the bread was baked is on or after midday—the day after the baked-on date.

baked-on date, in relation to bread, means the date on which the bread was baked.

bear a label: a food for sale is taken to bear a label of a specified kind or with specified content if either of the following is part of or attached to the packaging of the food:

(a) a label of that kind or with that content;

(b) labels that together are of that kind or have that content.

best-before date, for a food for sale, means the date up to which the food will remain fully marketable and will retain any specific qualities for which express or implied claims have been made, if the food:

(a) remains in an intact package during its storage; and

(b) is stored in accordance with any storage conditions applicable under Standard 1.2.6.

biologically active substance means a substance, other than a nutrient, with which health effects are associated.

biomarker means a measurable biological parameter that is predictive of the risk of a *serious disease when present at an abnormal level in the human body.

bulk cargo container:

(a) means an article of transport equipment, being a lift van, movable tank, shipping container, aircraft cargo container or other similar structure:

(i) of a permanent character and accordingly strong enough to be suitable for repeated use; and
(ii) specifically designed to facilitate the carriage of goods by one or more modes of transport, without immediate repacking; and
(iii) fitted with devices permitting its ready handling and its transfer from one mode of transport to another; and
(iv) so designed as to be easy to fill and empty; and
(v) having an internal volume of one cubic metre or more; and

(b) includes the normal accessories and equipment of the container, when imported with the container and used exclusively with it; and

business address means the street address, or a description of the location, of the premises from which a business is being operated.

carbohydrate, other than in the definition of beer (section 1.1.2—3), means *available carbohydrate or *available carbohydrate by difference.

caterer means a person, establishment or institution (for example, a catering establishment, a restaurant, a canteen, a school, or a hospital) which handles or offers food for immediate consumption.

cell-cultured food means a food obtained by culturing cells isolated from any of the following sources: livestock; poultry; game; seafood (including fish); an egg or an embryo of any of the former.

characterising component—see section 1.1.2—4.

characterising ingredient—see section 1.1.2—4.

claim 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.

claim requiring nutrition information:

(i) a nutrition content claim; or
(ii) a health claim; and

(i) a declaration that is required by an application Act; or
(ii) an endorsement; or
(iii) a \*prescribed beverage gluten free claim.

Code, or this Code, means the Australia New Zealand Food Standards Code.

code number, used in relation to a substance *used as a food additive, means either:

(a) the number set out in the table to Schedule 8 in relation to that substance; or

(b) that number preceded by the letter ‘E’.

colouring permitted at GMP—see section 1.1.2—11.

colouring permitted to a maximum level—see section 1.1.2—11.

comminuted means chopped, diced or minced.

component, of a food, means a substance that is present as a constituent part of the food (as distinct from an ingredient).

Example If sodium bicarbonate is used as an ingredient to produce a food, it will be changed by the cooking into carbon dioxide and salts; the salts are identifiable as components of the food.

compound ingredient: an ingredient of a food is a compound ingredient if it is itself made from two or more ingredients.

dietary fibre means that fraction of the edible part of plants or their extracts, or synthetic analogues that:

(a) is resistant to digestion and absorption in the small intestine, usually with complete or partial fermentation in the large intestine; and

(b) promotes one or more of the following beneficial physiological effects:

(i) laxation;
(ii) reduction in blood cholesterol;
(iii) modulation of blood glucose;

and includes:

(d) lignins.

endorsement means a nutrition content claim or a health claim that is made with the permission of an endorsing body.

endorsing body means a not-for-profit entity that:

(a) has a nutrition- or health-related purpose or function; and

(b) permits a *supplier to make an endorsement.

ESADDI means Estimated Safe and Adequate Daily Dietary Intake—see section 1.1.2—10.

extraneous residue limit or ERL, for an *agvet chemical in a food, means the amount identified in Schedule 21 for that agvet chemical in that food.

fat, in Standards 1.2.7 and 1.2.8 and Schedules 4 and 11, means total fat.

flavouring substance means a substance that is used as a food additive to perform the technological purpose of a flavouring in accordance with this Code.

food—see subsection (2) (the term has the same meaning as in the relevant application Act).

Note Each of the various application Acts has a definition of food. These all have a similar effect and make the concept very broad, effectively covering anything that is intended or offered for human consumption.

Food Act means the Food Act 2014 (NZ).

food additive—see used as a food additive, section 1.1.2—11.

food group means any of the following groups:

(a) bread (both leavened and unleavened), grains, rice, pasta and noodles;

(b) fruit, vegetables, herbs, spices and fungi;

(c) milk, skim milk, cream, fermented milk, yoghurt, cheese, processed cheese, butter, ice cream, condensed milk, dried milk, evaporated milk, and dairy analogues derived from legumes, cereals, nuts, seeds, or a combination of these ingredients listed in section S17—4;

(d) meat, fish, eggs, nuts, seeds and dried legumes;

(e) fats including butter, edible oils and edible oil spreads.

FSANZ means Food Standards Australia New Zealand.

FSANZ Act means the Food Standards Australia New Zealand Act 1991 (Cth).

fund raising event means an event that raises funds solely for a community or charitable cause and not for personal financial gain.

galacto-oligosaccharides means a mixture of the substances produced from lactose by enzymatic action, comprised of between two and eight saccharide units, with one of these units being a terminal glucose and the remaining saccharide units being galactose, and disaccharides comprised of two units of galactose.

general level health claim means a health claim that is not a high level health claim.

general level health claims table means the table to section S4—5.

genetically modified food—see section 1.1.2—16.

geographical indication—see section 2.7.5—4.

gluten means the main protein in wheat, rye, oats, barley, triticale and spelt relevant to the medical conditions coeliac disease and dermatitis herpetiformis.

glycaemic index (GI) means a measure of the blood glucose raising ability of the digestible carbohydrates in a given food as determined by a recognised scientific method.

GMP or Good Manufacturing Practice, with respect to the addition of substances used as food additives and substances used as processing aids to food, means the practice of:

(a) limiting the amount of substance that is added to food to the lowest possible level necessary to accomplish its desired effect; and

(b) to the extent reasonably possible, reducing the amount of the substance or its derivatives that:

(i) remains as a \*component of the food as a result of its use in the manufacture, processing or packaging; and
(ii) is not intended to accomplish any physical or other technical effect in the food itself;

hamper means a decorative basket, box or receptacle that:

(a) contains one or more separately identifiable foods; and

(b) may contain other items, such as decorative cloths, glasses and dishes.

health claim means a claim which states, suggests or implies that a food or a property of food has, or may have, a health effect.

Note See also subsection 2.10.2—8(3).

health effect means an effect on the human body, including an effect on one or more of the following:

(a) a biochemical process or outcome;

(b) a physiological process or outcome;

(d) growth and development;

(e) physical performance;

(f) mental performance;

(g) a disease, disorder or condition.

high level health claim means a *health claim that refers to a *serious disease or a *biomarker of a serious disease.

high level health claims table means the table to section S4—4.

import includes:

(a) in Australia—import from New Zealand; and

(b) in New Zealand—import from Australia.

individual portion pack—see subsection 1.2.1—6(3).

individual unit means a container that:

is an innermost package; and
contains a beverage with more than 1.15% alcohol by volume.

infant means a person under the age of 12 months.

inner package, in relation to a food for special medical purposes, means an individual package of the food that:

(a) is contained and sold within another package that is labelled in accordance with section 2.9.5—9; and

(b) is not designed for individual sale, other than a sale by a *responsible institution to a patient or resident of the responsible institution.

Example An example of an inner package is an individual sachet (or sachets) of a powdered food contained within a box that is fully labelled, being a box available for retail sale.

inner package, in relation to a special medical purpose product for infants, means an individual package of the food that is:

(a) contained and sold within another package that is labelled in accordance with Division 4 of Standard 2.9.1; and

(b) not designed for individual sale, other than a sale by a *responsible institution to a patient or resident of the responsible institution.

Example An example of an inner package is an individual sachet (or sachets) of a powdered food contained within a box that is fully labelled, being a box available for retail sale.

intra-company transfer—see section 1.2.1—18.

inulin-type fructans means mixtures of saccharide chains that have β-D-(2→1) fructosyl-fructose linkages with or without a terminal α-D-(1→2) glucosyl-fructose linked glucose unit.

irradiation, in relation to food, means subjecting the food to ionising radiation, other than ionising radiation imparted to food by measuring or inspection instruments, and irradiate and irradiated have corresponding meanings.

jurisdiction means a State or Territory of Australia, the Commonwealth of Australia, or New Zealand label, in relation to a food for sale, means any tag, brand, mark or statement in writing or any representation or design or descriptive matter that:

(a) is attached to the food or is a part of or attached to its packaging; or

(b) accompanies and is provided to the purchaser with the food; or

labelling:

(a) in relation to a food for sale, labelling means all of the labels for the food together; and

(b) a requirement for the labelling of a food to include specified content is a requirement for at least one of the labels to have that content.

listericidal process means a process that reduces Listeria monocytogenes microorganisms in the food to a safe level.

lot means an amount of a food that the manufacturer or producer identifies as having been prepared, or from which foods have been packaged or otherwise separated for sale, under essentially the same conditions, for example:

(a) from a particular preparation or packing unit; and

(b) during a particular time ordinarily not exceeding 24 hours.

lot identification, for a food for sale, means a number or other information that identifies:

(a) the premises where the food was prepared or packed; and

(b) the *lot of which the food is a part.

maximum residue limit or MRL, for an *agvet chemical in a food, means the amount identified in Schedule 20 for that agvet chemical in that food.

medical institution—see section 1.1.2—7.

meet the NPSC means that the *nutrient profiling score of a food described in Column 1 of the table to section S4—6 is less than the number specified for that food in Column 2 of that table.

monounsaturated fatty acids means the total of cis-monounsaturated fatty acids.

non-traditional food—see section 1.1.2—8.

novel DNA—see section 1.1.2—17.

novel food—see section 1.1.2—8.

novel protein means a protein encoded by novel DNA.

NPSC means the nutrient profiling scoring criterion (see section S4—6).

nutrition content claim—see section 1.1.2—9.

Note See also subsection 2.10.2—8(3).

nutrition information panel means a nutrition information panel that is required to be included on a label on a package of food in accordance with Standard 1.2.8.

nutrient profiling score means the final score calculated pursuant to the method referred to in section 1.2.7—25.

nutritive substance—see used as a nutritive substance, section 1.1.2—12.

NZS means a New Zealand Standard published by Standards New Zealand.

one-day quantity, in relation to a formulated supplementary sports food, means the amount of that food which is to be consumed in one day in accordance with directions specified in the label.

Note For the meaning of one-day quantity in relation to a formulated caffeinated beverage, see subsection 2.6.4—5(5).

package:

(a) means any container or wrapper in or by which food for sale is wholly or partly encased, covered, enclosed, contained or packaged; and

(b) if food is carried or sold or intended to be carried and sold in more than one package—includes each package; and

(i) a \*bulk cargo container; or
(ii) a pallet overwrap; or
(iii) a crate and packages which do not obscure labels on the food; or
(iv) a transportation vehicle; or
(v) a vending machine; or
(vi) a hamper; or
(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
(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.

permitted flavouring substance means any of the following:

(a) a substance that is listed in at least one of the following publications:

(i) Generally Recognised as Safe (GRAS) lists of flavouring substances published by the Flavour and Extract Manufacturers’ Association of the United States from 1960 to 2022 (edition 30);
(ii) Chemically-defined flavouring substances, Council of Europe, November 2000;
(iii) Annex I of Council Regulation (EU) No 872/2012 of 1 October 2012 adopting the list of flavouring substances \[2012\] OJ L267/1;
(iv) 21 CFR § 172.515;

(b) a *flavouring substance obtained by physical, microbiological, enzymatic or chemical processes from material of vegetable or animal origin either in its raw state or after processing by traditional preparation process including drying, roasting and fermentation;

(c) a flavouring substance that is obtained by synthetic means and which is identical to one of the substances described in paragraph (b).

phytosterols, phytostanols and their esters: a reference to phytosterols, phytostanols and their esters is a reference to a substance which meets a specification for phytosterols, phytostanols and their esters in section S3—24.

polyunsaturated fatty acids means the total of polyunsaturated fatty acids with cis-cis-methylene interrupted double bonds.

pregnancy warning label means either the pregnancy warning pictogram or the pregnancy warning mark.

pregnancy warning mark means the following image comprising

the pregnancy warning pictogram,
the signal words “Pregnancy Warning” and
the statement “Alcohol can cause lifelong harm to your baby”,

all within a border.

![pregnancy warning mark](image.001.jpeg)

pregnancy warning pictogram means the following pictogram with the silhouette of a pregnant woman holding a wine glass within a circle with a strikethrough:

![pregnancy warning pictogram](image.002.png)

prescribed alcoholic beverage means a beverage that

has more than 1.15% alcohol by volume; and
either:

(i) is for retail sale; or

(ii) is sold as suitable for retail sale without any further processing, packaging or labelling; and

(i) is sold for retail sale; and

(ii) is packaged in the presence of the purchaser.

prescribed beverage means:

(a) a *standardised alcoholic beverage; or

(b) a beverage containing no less than 0.5% alcohol by volume.

prescribed beverage gluten free claim means a nutrition content claim in relation to the gluten content of a *prescribed beverage that uses the descriptor ‘free’ in conjunction with gluten, or a synonym of that descriptor.

prescribed name, of a particular food, means a name declared by a provision of this Code to be the prescribed name of the food.

Note 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.

processing aid—see used as a processing aid, section 1.1.2—13.

property of food means a *component, ingredient, constituent or other feature of food.

RDI means Recommended Dietary Intake—see section 1.1.2—10.

ready-to-eat food means a food that:

(a) is ordinarily consumed in the same state as that in which it is sold; and

(b) will not be subject to a *listericidal process before consumption; and

(i) shelf stable foods;
(ii) whole raw fruits;
(iii) whole raw vegetables
(iv) nuts in the shell;
(v) live bivalve molluscs.

reference food, in relation to a claim, means a food that is:

(a) of the same type as the food for which the claim is made and that has not been further processed, formulated, reformulated or modified to increase or decrease the energy value or the amount of the nutrient for which the claim is made; or

(b) a dietary substitute for the food in the same *food group as the food for which the claim is made.

reference quantity means:

(a) for a food listed in the table to section S17—4, either:

(i) the amount specified in the table for that food; or
(ii) for a food that requires dilution or reconstitution according to directions—the amount of the food that, when diluted or reconstituted, produces the quantity referred to in subparagraph (i); or

(b) for all other foods:

(i) a normal serving; or
(ii) for a food that requires dilution, reconstitution, draining or preparation according to directions—the amount of the food that, when diluted, reconstituted, drained or prepared produces a normal serving.

releasable calcium, CaR, means the amount of calcium, in mg/g of chewing gum, released into the mouth during 20 minutes of chewing that is calculated using the following equation:

Formula for releasable calcium Start formula Ca subscript R equals start fraction open bracket Ca0 times W0 close bracket minus open bracket CaC times WC close bracket over W0 end fraction, end formula

where:

CaO is the original calcium concentration in the chewing gum in mg/g of chewing gum.

WO is the weight of the original chewing gum in g.

CaC is the residual calcium in the gum after it has been chewed for 20 minutes in mg/g of chewing gum.

WC is the weight of the chewed gum in g.

relevant authority means an authority responsible for the enforcement of the relevant application Act.

required name, of a particular food, means the name declared by section 1.2.3—5 as the required name for that food for the purposes of Division 3 of Standard 1.2.3.

responsible institution means a hospital, hospice, aged care facility, disability facility, prison, boarding school or similar institution that is responsible for the welfare of its patients or residents and provides food to them.

saturated fatty acids means the total of fatty acids containing no double bonds.

sell—see subsection (2) (the term has the same meaning as in the relevant application Act).

Note Each of the various application Acts has a definition of sell. These all have a similar effect and make the concept very broad; they include offering or displaying for sale, and other contexts that go beyond the ordinary meaning of the word.

serious disease means a disease, disorder or condition which is generally diagnosed, treated or managed in consultation with or with supervision by a health care professional.

serving 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.

size of type means the measurement from the base to the top of a letter or numeral.

small package means a package with a surface area of less than 100 cm2.

SPC means a standard plate count at 30°C with an incubation time of 72 hours.

standard drink, for a beverage containing alcohol, means the amount that contains 10 grams of ethanol when measured at 20C.

standardised alcoholic beverage means beer, brandy, cider, fruit wine, fruit wine product, liqueur, mead, perry, spirit, vegetable wine, vegetable wine product, wine or wine product.

statement of ingredients—see section 1.2.4—2.

sugars:

(a) in Standard 1.2.7, Standard 1.2.8 and Schedule 4—means monosaccharides (other than D-allulose) and disaccharides; and

(b) otherwise—means any of the following products, derived from any source:

(i) hexose monosaccharides and disaccharides, including dextrose, fructose, sucrose and lactose;
(ii) starch hydrolysate;
(iii) glucose syrups, maltodextrin and similar products;
(iv) products derived at a sugar refinery, including brown sugar and molasses;
(v) icing sugar;
(vi) invert sugar;
(vii) fruit sugar syrup;

but does not include:

(i) malt or malt extracts; or
(ii) sorbitol, mannitol, glycerol, xylitol, polydextrose, isomalt, maltitol, maltitol syrup, erythritol or lactitol.

Note Sugar is defined differently—see section 1.1.2—3.

supplier, in relation to food, includes the packer, manufacturer, vendor or importer of the food.

total plant sterol equivalents content means the total amount of:

(a) phytosterols; and

(b) phytostanols; and

trans fatty acids means the total of unsaturated fatty acids where one or more of the double bonds are in the trans configuration.

transportation outer means a container or wrapper which:

(a) encases packaged or unpackaged foods for the purpose of transportation and distribution; and

(b) is removed before the food is used or offered for retail sale or which is not taken away by a purchaser of the food.

unit quantity means:

(a) for a food that is a solid or semi-solid food—100 grams; or

(b) for a food that is a beverage or other liquid food—100 millilitres.

use-by date, for a food for sale, means the date after which it is estimated that the food should not be consumed because of health or safety reasons, if the food:

(a) remains in an intact package during its storage; and

(b) is stored in accordance with any storage conditions applicable under section Standard 1.2.6.

used as a food additive—see section 1.1.2—11.

used as a nutritive substance—see section 1.1.2—12.

used as a processing aid—see section 1.1.2—13.

warning statement, for a food for sale, means a statement about a particular aspect of the food that is required to be expressed in the words set out in the following provisions:

(a) section 1.2.3—3 (warning statement relating to royal jelly);

(b) section 2.6.3—4 (warning statement relating to kava);

(d) paragraph 2.9.2—7(3)(c) or 2.9.2—8(1)(b) (warning statements for food for infants);

(e) subparagraph 2.9.4—4(1)(a)(iii) or 2.9.4—4(1)(a)(iv) (warning statements for formulated supplementary sports food).

1.1.2—3

Definitions—particular foods

1.1.2—3 Definitions—particular foods

Note Definitions for non-food terms are provided in section 1.1.2—2.

(1) Where this Code permits the use of a substance (including a vitamin or a mineral) as a food additive, as a processing aid or as a nutritive substance in a particular food defined in this section, the definition is to be read as including a food in which the substance was so used.

(2) In this Code, unless the contrary intention appears, the following definitions apply:

adjusted milk, in relation to condensed milk, dried milk or evaporated milk, means milk:

(a) that is to be used to make the product concerned; and

(b) to which milk components have been added, or from which they have been withdrawn, in order for the product to comply with requirements of Standard 2.5.7; and

beer means:

(a) the product, characterised by the presence of hops or preparations of hops, prepared by the yeast fermentation of an aqueous extract of malted or unmalted cereals, or both; or

(b) such a product with any of the following added during production:

(i) cereal products or other sources of carbohydrate;
(ii) sugar;
(iii) salt;
(iv) herbs and spices.

brandy means:

(a) a spirit obtained from the distillation of wine, or fermented preparations of grapes or grape product; or

(b) such a spirit with any of the following added during production:

(iii) honey;
(iv) spices;
(v) grape juice;
(vi) grape juice concentrates;
(vii) wine;
(viii) prune juice.

Note The term brandy has a different definition in Standard 4.5.1.

bread means:

(a) a food that is made by baking a yeast-leavened dough prepared from one or more cereal flours or meals and water; or

(b) such a food with other foods added.

brewed soft drink means a food that:

(a) is the product prepared by a fermentation process from water with sugar and one or more of:

(i) fruit extractives or infusions; or
(ii) vegetable extractives or infusions; and

(b) contains no more than 1.15% alcohol/volume.

butter means:

(a) a food that is derived exclusively from milk and products obtained from milk, principally in the form of an emulsion of the type water-in-oil; or

(b) such a food with any of the following added:

(ii) salt;
(iii) lactic acid producing microorganisms;
(iv) flavour producing microorganisms.

cereal-based beverage means a beverage that is based on cereal.

cereal-based food for infants means a food for infants, not including a beverage, that is based on cereal.

cheese means:

(a) the ripened or unripened solid or semi-solid milk product, whether coated or not, that is obtained by one or both of the following processes:

(i) wholly or partly coagulating milk, or materials obtained from milk, or both, through the action of rennet or other suitable coagulating agents, and partially draining the whey which results from such coagulation;
(ii) processing techniques involving concentration or coagulation of milk, or materials obtained from milk, or both, which give an end-product with similar physical, chemical and organoleptic characteristics as the product described in subparagraph (a)(i); or

(b) such a product with any of the following ingredients added during production:

(ii) lactic acid producing microorganisms;
(iii) flavour producing microorganisms;
(iv) gelatine;
(v) starch;
(vi) vinegar;
(vii) salt;
(viii) tall oil phytosterol esters added in accordance with Standard 2.5.4.

chocolate means a confectionery product that is characterised by:

(a) the presence of

(i) cocoa bean derivatives; and
(ii) no more than 50 g/kg of edible oils, other than cocoa butter or dairy fats; and

(b) preparation from a minimum of 200 g/kg of cocoa bean derivatives.

cider means the fruit wine prepared from the juice or must of apples or apples and pears and with no more than 25% of the juice or must of pears.

coca bush means:

(a) Eurythroxylum coca; or

(b) a substance derived from Eurythroxylum coca.

cocoa means the powdered product prepared from cocoa beans from which a portion of the fat may have been removed, with or without salt or spices added.

coffee means the product prepared by roasting, grinding, or both roasting and grinding, coffee beans.

condensed milk means:

(a) a food obtained by the partial removal of water from milk or adjusted milk, with the addition of sugars, and the possible addition of salt or water; or

(b) a food of the same composition obtained by any other process.

cream means a milk product comparatively rich in fat, in the form of an emulsion of fat-in-skim milk that is obtained by:

(a) separation from milk; or

(b) separation from milk, and the addition of milk or products obtained from milk.

cured and/or dried meat flesh in whole cuts or pieces includes any attached bone.

decaffeinated coffee means coffee from which most of the caffeine has been removed.

decaffeinated tea means tea from which most of the caffeine has been removed.

dried meat means meat that has been dried but does not include slow cured dried meat.

dried milk means a powdered food obtained by the partial removal of water from milk or adjusted milk.

edible oil means the triglycerides, diglycerides, or both the triglycerides and diglycerides of fatty acids of plant or animal origin, including aquatic plants and aquatic animals, with incidental amounts of free fatty acids, unsaponifiable constituents and other lipids including naturally occurring gums, waxes and phosphatides.

edible oil spread means:

(a) a spreadable food composed of edible oils and water in the form of an emulsion of the type water-in-oil; or

(b) such a food with any of the following added:

(ii) edible proteins;
(iii) salt;
(iv) lactic acid producing microorganisms;
(v) flavour producing microorganisms;
(vi) milk products;
(vii) no more than 82 g/kg of total plant sterol equivalents content.

egg product means the contents of an egg in any form including egg pulp, dried egg, liquid egg white and liquid egg yolk.

electrolyte 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.

electrolyte drink base means a solid or liquid which, when made up, makes an electrolyte drink.

evaporated milk means:

(a) a food obtained by the partial removal of water by heat from milk, with the possible addition of one or more of the following:

(i) salt;
(ii) water; or

(b) a food of the same composition obtained by any other process.

fermented milk means a food obtained by fermentation of milk or products derived from milk, where the fermentation involves the action of microorganisms and results in coagulation and a reduction in pH.

fish means a cold-blooded aquatic vertebrate or aquatic invertebrate including shellfish, but not including amphibians or reptiles.

flour products means the cooked or uncooked products, other than bread, of one or more flours, meals or cereals.

flours or meals means the products of grinding or milling of cereals, legumes or other seeds.

follow-on formula means an infant formula product that is represented as:

(a) either a breast milk substitute or replacement for infant formula; and

(b) being suitable to constitute the principal liquid source of nourishment in a progressively diversified diet for infants from the age of 6 months.

food for infants:

(a) means a food that is intended or represented for use as a source of nourishment for infants; and

(i) infant formula products; or
(ii) formulated meal replacements; or
(iii) formulated supplementary foods; or
(iv) unprocessed fruit and vegetables.

food for special medical purposes—see section 1.1.2—5.

formulated beverage means a non-carbonated, ready-to-drink, flavoured beverage that:

(a) is water-based; and

(b) contains added vitamins or minerals or both vitamins and minerals; and

(i) fruit juice;
(ii) fruit purée;
(iii) concentrated fruit juice;
(iv) concentrated fruit purée;
(v) \*comminuted fruit;
(vi) orange peel extract; and

(d) contains no more than 75 g/L of sugars; and

(e) does not contain:

(i) carbon dioxide; or
(ii) caffeine; and

(f) is not mixed with any other beverage.

formulated caffeinated beverage—see section 1.1.2—6.

formulated meal replacement means a food, or a prepackaged selection of foods, that:

(a) has been specifically formulated as a replacement for one or more meals of the day, but not as a total diet replacement; and

(b) is represented as a formulated meal replacement.

formulated supplementary food means a food specifically formulated as, and sold on the basis that it is, a supplement to a normal diet to address situations where intakes of energy and nutrients may not be adequate to meet an individual’s requirements.

formulated supplementary food for young children means a formulated supplementary food for children aged 1 to 3 years.

formulated supplementary sports food means a product that is specifically formulated to assist sports people in achieving specific nutritional or performance goals.

fruit and vegetables means any of fruit, vegetables, nuts, spices, herbs, fungi, legumes and seeds.

Note In Standards 1.2.7 and 1.2.8 the separate terms fruit and vegetable have different definitions and do not include nuts, spices, herbs, fungi, legumes and seeds.

fruit-based food means food that is based on fruit.

fruit drink means a product that is prepared from:

(a) one or more of the following:

(i) fruit juice;
(ii) fruit purée;
(iii) concentrated fruit juice;
(iv) concentrated fruit purée;
(v) \*comminuted fruit;
(vi) orange peel extract; and

(b) one or more of the following:

(ii) mineralised water;
(iii) sugars.

fruit juice means juice made from a fruit.

fruit wine or vegetable wine means:

(a) a food that:

(i) is the product of the complete or partial fermentation of fruit, vegetable, grains, cereals or any combination or preparation of those foods; and
(ii) is not wine or a wine product; or

(i) fruit juice and fruit juice products;
(ii) vegetable juice and vegetable juice products;
(iii) sugars;
(iv) honey;
(v) spices;
(vi) alcohol;
(vii) water.

fruit wine product or vegetable wine product means a food containing no less than 700 mL/L of fruit wine, or vegetable wine, or both fruit and vegetable wine, which has been formulated, processed, modified or mixed with other foods such that it is not a fruit wine or vegetable wine.

gelatine means a protein product prepared from animal skin, bone or other collagenous material, or any combination of those things.

honey means the natural sweet substance produced by honey bees from the nectar of blossoms or from secretions of living parts of plants or excretions of plant sucking insects on the living parts of plants, which honey bees collect, transform and combine with specific substances of their own, store and leave in the honey comb to ripen and mature.

ice cream means a sweet frozen food that is made from cream or milk products or both, and other foods, and is generally aerated.

icing means a mixture of sugar and other foods for use as a coating and includes frosting, plastic icing and icing gel.

imitation vinegar means a food that is prepared by mixing water and acetic acid.

infant formula means an infant formula product that is represented as:

(a) a breast milk substitute for infants; and

(b) satisfying by itself the nutritional requirements of infants under the age of 6 months.

infant formula product means a product based on milk or other edible food constituents of animal or plant origin which is represented as nutritionally adequate to serve by itself either as the sole or principal liquid source of nourishment for infants, depending on the age of the infant.

instant coffee means the dried soluble solids prepared from the water extraction of coffee.

instant tea means dried soluble solids prepared from the water extraction of tea.

iodised salt or iodised reduced sodium salt mixture, means a food that is salt, or a reduced sodium salt mixture, as appropriate, or such a food containing any of the following:

(a) potassium iodide;

(b) potassium iodate;

(d) sodium iodate;

added in an amount that is equivalent to:

(e) no less than 25 mg/kg of iodine; and

(f) no more than 65 mg/kg of iodine.

jam:

(i) a product prepared by processing one or more of the following:

(A) fruit;

(B) concentrated fruit juice;

(D) water extracts of fruit; or

(ii) such a product processed with sugars or honey; and

(b) includes conserve; and

juice:

(a) means the liquid portion, with or without pulp, obtained from:

(i) a fruit or a vegetable; or
(ii) in the case of citrus fruit, other than lime—the endocarp only of the fruit; and

(b) includes a product that results from concentrating juice and then reconstituting it with water.

juice blend means the food made from a blend of more than one juice (including a blend of one or more fruit juices and one or more vegetable juices).

kava means plants of the species Piper methysticum.

kava root means the peeled root or peeled rootstock of a Noble variety of kava that is named in section 3.1 of the Regional Standard for Kava Products for use as a Beverage When Mixed with Water (CXS 336R-2020) as adopted by the 43rd Session of the joint Food and Agriculture Organization and World Health Organization Codex Alimentarius Commission (2020).

liqueur means an alcoholic beverage that is a spirit, flavoured by or mixed with other foods, which contains more than 15% alcohol by volume, measured at 20°C.

manufactured meat means processed meat containing no less than 660 g/kg of meat.

margarine means an edible oil spread containing no less than 800g/kg of edible oils.

mead means:

(a) a food that is the product prepared from the complete or partial fermentation of honey; or

(i) fruit juice and fruit juice products;
(ii) vegetable juice and vegetable juice products;
(iii) sugars;
(iv) honey;
(v) spices;
(vi) alcohol;
(vii) water.

meat:

(a) means the whole or part of the carcass of any of the following animals, if slaughtered other than in a wild state:

(i) buffalo, camel, cattle, deer, goat, hare, pig, poultry, rabbit or sheep;
(ii) any other animal permitted for human consumption under a law of a State, Territory or New Zealand; and

(i) fish; or
(ii) avian eggs; or
(iii) foetuses or part of foetuses.

meat flesh means meat that consists of skeletal muscle and any attached:

(a) animal rind; or

(b) fat; or

(d) nerve; or

(e) blood; or

(f) blood vessels; or

(g) skin, in the case of poultry.

meat pie means a pie containing no less than 250 g/kg of meat flesh.

milk means:

(a) the mammary secretion of milking animals, obtained from one or more milkings for consumption as liquid milk or for further processing, but excluding colostrums; or

(b) such a product with *phytosterols, phytostanols and their esters added.

mineral water or spring water means ground water obtained from subterranean water-bearing strata that, in its natural state, contains soluble matter.

Native bee honey means the natural sweet substance produced by Australian native stingless bees from the genera Tetragonula or Austroplebeia following the collection of nectar from the blossoms of plants.

non-alcoholic beverage:

(i) packaged water; or
(ii) a water-based beverage, or a water-based beverage that contains other foods (other than alcoholic beverages); or
(iii) an electrolyte drink; and

(b) does not include a brewed soft drink.

offal:

(a) includes blood, brain, heart, kidney, liver, pancreas, spleen, thymus, tongue and tripe; and

(b) excludes meat flesh, bone and bone marrow.

peanut butter means a peanut based spread.

perry means the fruit wine prepared from the juice or must of pears or pears and apples and with no more than 25% of the juice or must of apples.

processed cheese means a product manufactured from cheese and products obtained from milk, which is heated and melted, with or without added emulsifying salts, to form a homogeneous mass.

processed meat means a food that has, either singly or in combination with other foods, undergone a method of processing other than boning, slicing, dicing, mincing or freezing.

prohibited plant or fungus means:

(a) a plant or fungus listed in Schedule 23; or

(b) a part or a derivative of such a plant or fungus; or

raw apricot kernels means the nut found within the hard shell or stone of Prunus armeniaca and includes hulled, dehulled, blanched, ground, milled, cracked, chopped or whole kernels.

reduced sodium salt mixture means a food that:

(a) is prepared from a mixture of sodium chloride and potassium chloride; and

(b) contains no more than 200 g/kg sodium; and

restricted plant or fungus means:

(a) a plant or fungus listed in Schedule 24; or

(b) a part or a derivative of such a plant or fungus; or

salt means a food that is the crystalline product consisting predominantly of sodium chloride, that is obtained from the sea, underground rock salt deposits or from natural brine.

salt substitute means a food that:

(a) is made as a substitute for salt; and

(b) consists of substances that may be used as food additives in relation to salt substitute in accordance with item 12 of the table to Schedule 15; and

sausage means a food that:

(a) consists of meat that has been minced, meat that has been comminuted, or a mixture of both, whether or not mixed with other foods, and which has been encased or formed into discrete units; and

(b) does not include meat formed or joined into the semblance of cuts of meat.

skim milk means milk from which milkfat has been removed.

soy-based formula means an infant formula product in which soy protein isolate is the sole source of protein.

special medical purpose product for infants means an infant formula product that is:

represented as being:
specially formulated for the dietary management of infants who have medically determined nutrient requirements (such as limited or impaired capacity to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients in ordinary food); and
suitable to constitute either the sole or principal liquid source of nourishment where dietary management cannot medically be achieved without use of the product; and

(iii) for the dietary management of a medically diagnosed disease, disorder or condition of an infant; and

intended to be used under medical supervision; and
not suitable for general use.

special purpose food:

(a) in Standard 2.9.6—see section 2.9.6—2; and

(b) otherwise—means any of the following:

(i) an infant formula product;
(ii) food for infants;
(iii) a formulated meal replacement;
(iv) a formulated supplementary food;
(v) a formulated supplementary sports food;
(vi) food for special medical purposes.

spirit means an alcoholic beverage consisting of:

(a) a potable alcoholic distillate, including whisky, brandy, rum, gin, vodka and tequila, produced by distillation of fermented liquor derived from food sources, so as to have the taste, aroma and other characteristics generally attributable to that particular spirit; or

(b) such a distillate with any of the following added during production:

(iii) honey;
(iv) spices.

spring water—see definition of mineral water.

sugar means, unless otherwise expressly stated, any of the following:

(a) white sugar;

(b) caster sugar;

(d) loaf sugar;

(e) coffee sugar;

(f) raw sugar.

sweet cassava means those varieties of cassava roots grown from Manihot esculenta Crantz of the Euphoribiacae family that contain less than 50 mg/kg of hydrogen cyanide (fresh weight basis).

Note Sweet cassava may also be known by other common names including manioc, mandioca, tapioca, aipim and yucca.

tea means the product made from the leaves and leaf buds of one or more of varieties and cultivars of Camellia sinensis (L.) O. Kuntz.

vegetable juice means juice made from a vegetable.

vegetable wine—see definition of fruit wine.

vegetable wine product—see definition of fruit wine product.

vinegar means a food that is the sour liquid prepared by acetous fermentation, with or without alcoholic fermentation, of any suitable food, and including blends and mixtures of such liquids.

very low energy diet means a range of food for special medical purposes specially formulated for the dietary management of overweight and obesity and which provide the sole source of nutrition when consumed according to the directions for use on the label.

very low energy food means a food for special medical purposes produced for consumption as part of a *very low energy diet.

wheat flour includes wholemeal wheat flour.

wholegrain means the intact grain or the dehulled, ground, milled, cracked or flaked grain where the constituents—endosperm, germ and bran—are present in such proportions that represent the typical ratio of those fractions occurring in the whole cereal, and includes wholemeal.

wholemeal means the product containing all the milled constituents of the grain in such proportions that it represents the typical ratio of those fractions occurring in the whole cereal.

wine means:

(a) a food that is the product of the complete or partial fermentation of fresh grapes, or a mixture of that product and products derived solely from grapes; or

(i) grape juice and grape juice products;
(iii) brandy or other spirit;
(iv) water that is necessary to incorporate any substance permitted for use as a food additive or a processing aid.

wine product means a food containing no less than 700 mL/L of wine, which has been formulated, processed, modified or mixed with other foods such that it is not wine.

white sugar means purified crystallised sucrose.

yoghurt means a fermented milk where the fermentation has been carried out with lactic acid producing microorganisms.

1.1.2—4

Definition of characterising component and characterising ingredient

1.1.2—4 Definition of characterising component and characterising ingredient

(1) In this Code, in relation to a food for sale:

characterising component means a *component of the food that:

(a) is mentioned in the name of the food; or

(b) is usually associated with the name of the food by a consumer; or

characterising ingredient means an ingredient or a category of ingredients of the food that:

(a) is mentioned in the name of the food; or

(b) is usually associated with the name of the food by a consumer; or

(2) Despite subsection (1), any of the following is not a characterising ingredient:

(a) an ingredient or category of ingredients that is used in small amounts to flavour the food;

(b) an ingredient or category of ingredients that comprises the whole of the food;

(c) an ingredient or category of ingredients that is mentioned in the name of the food but which is not such as to govern the choice of the consumer, because the variation in the amount is not essential to characterise the food, or does not distinguish the food from similar foods.

(3) Compliance with labelling requirements elsewhere in this Code does not of itself constitute emphasis for the purposes of this section.

1.1.2—5

Definition of food for special medical purposes

1.1.2—5 Definition of food for special medical purposes

food for special medical purposes means a food that is:

(a) specially formulated for the dietary management of individuals:

(i) by way of exclusive or partial feeding, who have special medically determined nutrient requirements or whose capacity is limited or impaired to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients in ordinary food; and
(ii) whose dietary management cannot be completely achieved without the use of the food; and

(b) intended to be used under medical supervision; and

(i) a food for special medical purposes; or
(ii) for the dietary management of a disease, disorder or medical condition.
(2) Despite subsection (1), a food is not food for special medical purposes if it is:

(a) an infant formula product; or

(b) a food specially formulated for the dietary management of overweight and obesity and which is not a *very low energy food.

1.1.2—6

Definition of formulated caffeinated beverage

1.1.2—6 Definition of formulated caffeinated beverage

formulated 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:

(a) contains caffeine; and

(b) has the purpose of enhancing mental performance.

(2) To 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 of section S18—10.

1.1.2—7

Definition of medical institution

1.1.2—7 Definition of medical institution

medical institution means any of the following:

(a) an acute care hospital;

(b) a hospice;

(d) a nursing home for the aged;

(e) a psychiatric hospital;

(f) a respite care establishment for the aged;

(g) a same-day aged care establishment;

(h) a same-day establishment for chemotherapy and renal dialysis services.

(2) In this section:

acute care hospital:

(a) means an establishment that provides:

(i) at least minimal medical, surgical or obstetric services for inpatient treatment or care; and
(ii) round-the-clock comprehensive qualified nursing services as well as other necessary professional services;

to patients most of whom have acute conditions or temporary ailments and have a relatively short average stay; and

(b) includes:

(i) a hospital specialising in dental, ophthalmic aids and other specialised medical or surgical care; and
(ii) a public acute care hospital; and
(iii) a private acute care hospital.

hospice means a freestanding establishment (whether public or private) that provides palliative care to terminally ill patients.

low-care aged care establishment means an establishment where aged persons live independently but on-call assistance, including the provision of meals, is provided when needed.

nursing home for the aged means an establishment (whether private charitable, private for-profit, or government) that provides long-term care involving regular basic nursing care to aged persons.

psychiatric hospital means an establishment (whether public or private) devoted primarily to the treatment and care of inpatients with psychiatric, mental or behavioural disorders.

respite care establishment for the aged means an establishment that provides short-term care, including personal care and regular basic nursing care, to aged persons.

same-day aged care establishment means an establishment where aged persons attend for day or part-day rehabilitative or therapeutic treatment.

same-day establishment for chemotherapy and renal dialysis services means:

(a) a day centre or hospital, being an establishment (whether public or private) that provides a course of acute treatment, in the form of chemotherapy or renal dialysis services, on a full-day or part-day non-residential attendance basis at specified intervals over a period of time; or

(b) a free-standing day surgery centre, being a hospital facility (whether public or private) that provides investigation and treatment, in the form of chemotherapy or renal dialysis services, for acute conditions on a day-only basis.

1.1.2—8

Definition of novel food

1.1.2—8 Definition of novel food

novel food means a *non-traditional food that requires an assessment of the public health and safety considerations having regard to:

(a) the potential for adverse effects in humans; or

(b) the composition or structure of the food; or

(d) the source from which it is derived; or

(e) patterns and levels of consumption of the food; or

(f) any other relevant matters.

non-traditional food means:

(a) a food that does not have a history of human consumption in Australia or New Zealand; or

(b) a substance derived from a food, where that substance does not have a history of human consumption in Australia or New Zealand other than as a *component of that food; or

any other substance, where that substance, or the source from which it is derived, does not have a history of human consumption as a food in Australia or New Zealand; and
does not include a *cell-cultured food.

(2) Any of the following:

(a) the presence of a food in a food for special medical purposes;

(b) the presence of a food in a special medical purpose product for infants;

(d) the use of a food as a special medical purpose product for infants;

does not constitute a history of human consumption in Australia or New Zealand in relation to that food for the purposes of this section

1.1.2—9

Definition of nutrition content claim

1.1.2—9 Definition of nutrition content claim

nutrition content claim means a claim that:

(a) is about:

(i) the presence or absence of any of the following:

(A) *biologically active substance;

(B) *dietary fibre;

(D) minerals;

(E) potassium;

(F) protein;

(G) *carbohydrate;

(H) ‘fat’,

(I) the components of any one of protein, carbohydrate or’ fat’,

(J) *salt;

(K) sodium;

(L) vitamins; or

(ii) \*glycaemic index or glycaemic load; and

(b) does not refer to the presence or absence of alcohol; and

Note See also subsections 2.6.2—5(4) and 2.10.2—8(3).

Inclusion of mandatory information in nutrition information panel does not constitute a nutrition content claim

(2) To avoid doubt, if this Code requires particular information to be included in a nutrition information panel, the inclusion of that information does not constitute a nutrition content claim.

Inclusion of voluntary information in nutrition information panel might constitute a nutrition content claim

(3) If this Code permits, but does not require, particular information to be included in a nutrition information panel, the inclusion of that information constitutes a nutrition content claim unless:

(a) this Code provides otherwise; or

(b) the information is a declaration of:

(i) if the food contains less than 2 g of \*dietary fibre per serving—dietary fibre; or
(ii) trans fatty acid content; or
(iii) lactose content.

(4) For a food that contains more than 1.15% alcohol by volume, the inclusion in a nutrition information panel of the information referred to in paragraphs 1.2.8—6(1)(a), (b) and (c), and subparagraphs 1.2.8—6(1)(d)(i), (ii) and (iii) does not constitute a nutrition content claim.

Display of a required energy statement does not constitute a nutrition content claim

(5) To avoid doubt, the display of an energy statement required by section 2.7.1—4A does not constitute a nutrition content claim.

Voluntary additional display of a required energy statement does not constitute a nutrition content claim

(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.

1.1.2—10

RDIs and ESADDIs

1.1.2—10 RDIs and ESADDIs

Note ‘RDI’ is an abbreviation of recommended dietary intake. ‘ESADDI’ is an abbreviation of estimated safe and adequate daily dietary intake.

(1) In relation to a food for infants the *RDI or *ESADDI for a vitamin or mineral listed in Column 1 of the table to section S1—2 or S1—3 is shown in Column 5.

(2) In relation to a food intended or represented as suitable for use by children aged 1 to 3 years (including a formulated supplementary food for young children) the *RDI or *ESADDI for a vitamin or mineral listed in Column 1 of the table to section S1—2 or S1—3 is shown in Column 4.

(3) In relation to any other food the *RDI or *ESADDI for a vitamin or mineral listed in Column 1 of the table to section S1—2 or S1—3 is shown in Column 3.

1.1.2—11

Definition of used as a food additive, etc

1.1.2—11 Definition of used as a food additive, etc

(1) In this Code, a substance is used as a food additive in relation to a food if it is added to the food:

(a) to perform 1 or more of the technological purposes listed in Schedule 14; and

(b) it is a substance identified in subsection (2).

(2) For subsection (1), the substances are:

(a) any of the following:

(i) a substance that is identified in Schedule 15 as a substance that may be used as a food additive;
(ii) an \*additive permitted at GMP;
(iii) a \*colouring permitted at GMP;
(iv) a \*colouring permitted to a maximum level; and

Note Schedule 15 lists a number of substances that are not listed in Schedule 16 as additives permitted at GMP, colourings permitted at GMP or colourings permitted to a maximum level.

(b) any substance that is:

(i) a \*non-traditional food; and
(ii) has been concentrated, refined, or synthesised, to perform 1 or more of the technological purposes listed in Schedule 14.

Other definitions

(3) In this Code:

additive permitted at GMP means a substance that is listed in section S16—2.

colouring permitted at GMP means a substance that is listed in section S16—3.

colouring permitted to a maximum level means a substance that is listed in section S16—4.

Colours and their aluminium and calcium lakes

(4) A reference to a colour listed in Schedule 15, a *colouring permitted at GMP or a *colouring permitted to a maximum level includes a reference to the aluminium and calcium lakes prepared from that colour.

1.1.2—12

Definition of used as a nutritive substance

1.1.2—12 Definition of used as a nutritive substance

(1) In this Code, a substance is used as a nutritive substance in relation to a food if it is added to the food:

(a) to achieve a nutritional purpose; and

(b) it is a substance identified in subsection (2).

(2) For subsection (1), the substances are:

(a) any substance that is identified in this Code as one that may be *used as a nutritive substance; and

(b) a vitamin or a mineral; and

(c) any substance (other than an inulin-type fructan, a galacto-oligosaccharide or a substance normally consumed as a food) that has been concentrated, refined or synthesised, to achieve a nutritional purpose when added to a food.

Note Provisions that control use of substances as nutritive substance are in Standard 1.3.2 (Vitamins and minerals), Standard 2.9.1 (Infant formula products), Standard 2.9.2 (Food for infants), Standard 2.9.3 (Formulated meal replacements), Standard 2.9.4 (Formulated supplementary sports foods) and Standard 2.9.5 (Food for special medical purposes). Substances referred to in paragraph (2)(a) include, for example, those that are identified in the tables to sections S17—2 and S17—3 (vitamins and minerals) and the tables to sections S28—2, S29—18 and S29—19 (other substances).

1.1.2—13

Definition of used as a processing aid

1.1.2—13 Definition of used as a processing aid

(1) In this Code, a reference to a substance that is used as a processing aid in relation to a food is a reference to a substance that is used during the course of processing:

(a) to perform a technological purpose in the course of processing; and

(b) does not perform a technological purpose in a food for sale; and

References to foods that are used as a processing aid

(2) In this Code, a reference to a food that is used as a processing aid in relation to another food:

(a) is a reference to a food that:

(i) is not a substance identified in subsection (3); and
(ii) is used or added to the other food during the course of processing to perform a technological purpose in the course of processing; and
(iii) does not perform a technological purpose in the food for sale; and

(b) is a reference to so much of the food as is necessary to perform the technological purpose.

Note 1 This Code does not prohibit the use of foods as processing aids (other than foods that are substances referred to in subsection (3)). There are special labelling requirements that apply in relation to foods and substances that are used as processing aids—see paragraphs 1.2.4—3(2)(d) and 1.2.4—3(2)(e) and subparagraph 1.2.8—5(a)(vii).

Note 2 If a food is used as a processing aid in relation to another food, and the amount of the food used is greater than the amount that is necessary to perform the technological purpose, the excess amount of the food is not taken to be used as a processing aid in the other food and is not exempted from a requirement to declare ingredients—see section 1.2.4—3(2)(e).

(3) For subsections (1) and (2), the substances are the following:

(a) a substance that is listed in Schedule 18;

(b) an *additive permitted at GMP.

Note ‘additive permitted at GMP’ is a defined term—see section 1.1.2—11.

1.1.2—14

Calculation and expression of amount of vitamin or mineral

1.1.2—14 Calculation and expression of amount of vitamin or mineral

(1) RDIs and ESADDIs for vitamins shall be the sum of the forms of the vitamin occurring naturally in the food and any permitted forms of the vitamin that have been added to the food calculated and expressed in the form specified in Columns 3, 4 or 5 of the table to section S1—2.

(2) RDIs and ESADDIs for minerals shall be the sum of the forms of the mineral occurring naturally in the food and any permitted forms of the mineral that have been added to the food calculated and expressed in the form specified in Column 1 of the table to section S1—3.

(3) When calculating an amount:

(a) for vitamin A:

(i) calculate the amount in terms of retinol equivalents; and
(ii) for provitamin A forms of vitamin A, calculate retinol equivalents using the conversion factors in section S1—4; and

(b) for niacin, exclude the niacin provided from the conversion of the amino acid tryptophan; and

(c) for vitamin E, calculate the amount in terms of alpha-tocopherol equivalents using the conversion factors in section S1—5.

1.1.2—15

Definition of Permitted Health Star Rating symbol

1.1.2—15 Definition of Permitted Health Star Rating symbol

(1) In this Code, Permitted Health Star Rating symbol means an image subject to any of the following:

(a) an Australian Trade Mark numbered 1641445, 1641446 or 1641447;

(b) a New Zealand Trade Mark numbered 1018807, 1018808 or 1018809.

(2) To avoid doubt, an image mentioned in subsection (1) does not cease to be a Permitted Health Star Rating symbol by reason only of the image indicating:

(a) energy or nutrient content on a per 100 g, per 100 ml or per pack basis; or

(b) energy or nutrient content on a per serving or per reference portion basis; or

(d) energy content on a percentage daily intake basis in addition to an amount shown in kilojoules.

1.1.2—16

Definition of genetically modified food

1.1.2—16 Definition of genetically modified food

(1) In this Code, genetically modified food means a food that:

(a) is any of the following:

(i) an organism that contains *novel DNA;

(ii) food derived from an organism that contains novel DNA;

(iii) cells that contain novel DNA;

(iv) food derived from cells that contain novel DNA; and

(b) is not any of the following:

(i) a substance *used as a food additive;

(ii) a substance *used as a processing aid;

(iii) a substance used to:

(A) support the growth and viability of cells during cell culture; or

(B) process cells during cell culture;

(iv) food that is derived from part of a grafted plant, where that part does not contain novel DNA or *novel protein;

(v) food derived from a null segregant.

(2) In this section, a null segregant means an organism, cell or cells that:

(a) is descended from an organism, cell or cells that contain *novel DNA; and

(b) does not contain novel DNA.

1.1.2—17

Definition of novel DNA

1.1.2—17 Definition of novel DNA

(1) In this Code, novel DNA means DNA that:

(a) a person has inserted into the genome of an organism, cell or cells; and

(b) is one of the following:

(i) DNA from a species that is not a crossable species;

(ii) DNA that:

(A) is from a crossable species; and

(B) contains a coding region that was rearranged or recombined prior to the insertion referred to in paragraph (1)(a);

(iii) DNA that is not from an existing species.

(2) In this section, crossable species means a species of organism, cell or cells that can be crossed or hybridized with the species of organism, cell or cells referred to in paragraph (1)(a).

(3) Despite subsections (1) and (2), novel DNA does not include flanking left and right border sequences arising from Agrobacterium-mediated transformation.

____________________

Application, saving and transitional provisions

The table below details information on application, saving or transitional provisions in instruments affecting this Standard.

<table cellspacing="0" cellpadding="0" style="width:461.7pt; border-collapse:collapse"><thead><tr style="height:23.45pt"><td style="width:53pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendh" style="margin-bottom:2pt"><span>Instrument items affected</span></p></td><td style="width:31.75pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendh" style="margin-bottom:2pt"><span>A’ment No.</span></p></td><td style="width:67.15pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendh" style="margin-bottom:2pt"><span>FRLI registration</span></p><p class="FSCtblAmendh" style="margin-bottom:2pt"><span>Gazette</span></p></td><td style="width:53pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendh" style="margin-bottom:2pt"><span>Instrument’s transitional provision</span></p></td><td style="width:202.05pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendh" style="margin-bottom:2pt"><span>Description of transitional arrangement</span></p></td></tr></thead><tbody><tr style="height:14.15pt"><td colspan="5" style="width:450.15pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt"><p class="FSCtblAmendh" style="margin-bottom:2pt; font-size:9pt"><span style="font-style:italic">Food Standards (Proposal P1039 – Microbiological Criteria for Infant Formula) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Items [1] and [2] of the Schedule</span></p></td><td style="width:31.75pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>163</span></p></td><td style="width:67.15pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>F2016L00784</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>12 May 2016</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>FSC105</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>19 May 2016</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p></td><td style="width:53pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Clause 4</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p></td><td style="width:202.05pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Clause 4 provides that section 1.1.1—9 of the Code</span><span style="font-style:italic"> </span><span>does not apply to the variations.</span></p></td></tr><tr style="height:14.2pt"><td colspan="5" style="width:450.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt; font-size:9pt"><span style="font-weight:bold; font-style:italic">Food Standards (Proposal P1050 – Pregnancy warning labels on alcoholic beverages) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Item [1] of the Schedule</span></p></td><td style="width:31.75pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>194</span></p></td><td style="width:67.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>F2020L00952</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>28 July 2020</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>FSC 135</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>31 July 2020</span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Clause 4</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p></td><td style="width:202.05pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Clause 4 a transitional arrangement for variations to the Code made by Item [1] of the Schedule.</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span style="font-weight:bold">The transition period is the period of time that commences on 31 July 2020 and ends on 31 July 2023.</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span style="font-weight:bold"></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Subclause 4(1) provides that section 1.1.1—9 of the Code</span><span style="font-style:italic"> </span><span>does not apply to the variations.</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following:</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><ol class="awlist9" style="margin:0pt; padding-left:0pt"><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.42pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as in force without the above variations;</span></li><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.42pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as amended by the above variations.</span></li></ol><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Subclause 4(3) provides that a food product that was labelled before the end of the transition period may be sold after the transition period if the product complies with one of the following:</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><ol class="awlist10" style="margin:0pt; padding-left:0pt"><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.42pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as in force without the above variations;</span></li><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.42pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as amended by the above variations.</span></li></ol><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span style="font-weight:bold"></span></p></td></tr><tr style="height:14.2pt"><td colspan="5" style="width:450.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt; font-size:9pt"><span style="font-weight:bold; font-style:italic">Food Standards (Proposal P1044 – Plain English Allergen Labelling) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Item [2] of the Schedule</span></p></td><td style="width:31.75pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>197</span></p></td><td style="width:67.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>F2021L00145</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>24 Feb 2021</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>FSC138</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>25 Feb 2021</span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Clause 4</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p></td><td style="width:202.05pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Clause 4 a transitional arrangement for variations to the Code made by Item [2] of the Schedule.</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span style="font-weight:bold">The transition period is the period of time that commences on 25 February 2021 and ends on 25 February 2024.</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span style="font-weight:bold"></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span style="font-weight:bold">The post-transition period is the period of time that commences 26 February 2024 and ends on 26 February 2026.</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span style="font-weight:bold"></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Subclause 4(1) provides that section 1.1.1—9 of the Code</span><span style="font-style:italic"> </span><span>does not apply to the variations.</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following:</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><ol class="awlist11" style="margin:0pt; padding-left:0pt"><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.87pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as in force without the above variations;</span></li><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.42pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as amended by the above variations.</span></li></ol><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span>Subclause 4(3) provides that a food product packaged and labelled before the end of the transition period may be sold during the post-transition period if the product complies with one of the following:</span></p><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p><ol class="awlist12" style="margin:0pt; padding-left:0pt"><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.87pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as in force without the above variations;</span></li><li class="FSCtblAmendmain" style="margin-left:24.45pt; text-indent:-12.2pt"><span style="width:2.42pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as amended by the above variations.</span></li></ol><p class="FSCtblAmendmain" style="margin-left:3.8pt; text-indent:-3.8pt"><span></span></p></td></tr><tr style="height:14.15pt"><td colspan="5" style="width:450.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:9pt"><span style="font-weight:bold; font-style:italic">Food Standards (Application A1230 – Very Low Energy Diets (VLED)) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>Items [1.1] and [1.2] of the Schedule</span></p></td><td style="width:31.75pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>208</span></p></td><td style="width:67.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>F2022L00733</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>1 June 2022</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>FSC 148</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>1 June 2022</span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>Clause 4</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span></span></p></td><td style="width:202.05pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="font-size:8pt"><span>Clause 4 of the </span><span style="font-style:italic">Food Standards (Application A1230 – Very Low Energy Diets (VLED)) Variation</span><span> provides a transitional arrangement for the variations to the Code made by Items [1.1] and [1.2] of the Schedule to that legislative instrument.</span></p><p style="font-size:8pt"><span></span></p><p style="font-size:8pt"><span>Subclause 4(1) provides that section 1.1.1—9 of the Code</span><span style="font-style:italic"> </span><span>does not apply to the variations made by that instrument.</span></p><p style="font-size:8pt"><span></span></p><p style="font-size:8pt"><span>Subclause 4(2) provides that, during the transition period, a food product may be sold if the product complies with one of the following:</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span></span></p><ol class="awlist13" style="margin:0pt; padding-left:0pt"><li style="margin-left:36pt; text-indent:-18pt; font-size:8pt"><span style="width:8.22pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as in force without the variations made by the instrument;</span></li><li style="margin-left:36pt; text-indent:-18pt; font-size:8pt"><span style="width:8.22pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as amended by the variations made by the instrument.</span></li></ol><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span></span></p><p style="font-size:8pt"><span>Subclause 4(3) provides that, for the purposes of the above, the transition period is the period commencing on the variation’s date of commencement and ending 36 months after the date of commencement.</span></p><p style="font-size:8pt"><span></span></p><p style="font-size:8pt"><span>This means that </span><span style="font-weight:bold">the transition period is the period of time that commences on 1 June 2022 and ends on 1 June 2025.</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span style="font-weight:bold"></span></p></td></tr><tr style="height:14.15pt"><td colspan="5" style="width:450.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:9pt"><span style="font-weight:bold; font-style:italic">Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>Item [1] of the schedule</span></p></td><td style="width:31.75pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>210</span></p></td><td style="width:67.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>F2022L01061</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>12 August 2022</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>FSC 150</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>12 August 2022</span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>Clause 4</span></p></td><td style="width:202.05pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="font-size:8pt"><span>Clause 4 of the </span><span style="font-style:italic">Food Standards (Proposal P1030 – Compositional and Labelling of Electrolyte Drinks) Variation</span><span> provides a transitional arrangement for the variations to the Code made by Item [1] of the Schedule to that legislative instrument.</span></p><p style="font-size:8pt"><span></span></p><p style="font-size:8pt"><span>Subclause 4(1) provides that section 1.1.1—9 of the Code</span><span style="font-style:italic"> </span><span>does not apply to the variations made by that instrument.</span></p><p style="font-size:8pt"><span></span></p><p style="font-size:8pt"><span>Subclause 4(2) provides that, during the transition period, a food product may be sold if the product complies with one of the following:</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span></span></p><ol class="awlist14" style="margin:0pt; padding-left:0pt"><li style="margin-left:36pt; text-indent:-18pt; font-size:8pt"><span style="width:8.22pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as in force without the variations made by the instrument;</span></li><li style="margin-left:36pt; text-indent:-18pt; font-size:8pt"><span style="width:8.22pt; font:7pt 'Times New Roman'; display:inline-block"></span><span>the Code as amended by the variations made by the instrument.</span></li></ol><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span></span></p><p style="font-size:8pt"><span>Subclause 4(3) provides that, for the purposes of the above, the transition period is the period commencing on the variation’s date of commencement and ending 24 months after the date of commencement.</span></p><p style="font-size:8pt"><span></span></p><p style="font-size:8pt"><span>This means that </span><span style="font-weight:bold">the transition period is the period of time that commences on 12 August 2022 and ends on 12 August 2024.</span></p><p style="font-size:8pt"><span></span></p></td></tr><tr style="height:14.15pt"><td colspan="5" style="width:450.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt"><p style="font-size:9pt"><span style="font-weight:bold; font-style:italic">Food Standards (Proposal P1028 – Infant Formula Products – Consequential Amendments ) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="font-size:8pt"><span>Items [1], [2], [2A], [3], [4], [5], [6], [7], [8] and [8A] of Schedule 2</span></p></td><td style="width:31.75pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>231</span></p></td><td style="width:67.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain"><span style="color:#2d2d31; background-color:#ffffff">F2024L01151</span></p><p class="FSCtblAmendmain"><span>13 Sept 2024</span></p><p class="FSCtblAmendmain"><span>FSC 171</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>13 Sept 2024</span><span></span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:3.8pt; text-indent:-3.8pt; font-size:8pt"><span>Clause 4</span></p><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span></span></p></td><td style="width:202.05pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Clause 4 establishes a transitional arrangement for variations to the Code made by Items [1], [2], [2A], [3], [4], [5], [6], [7], [8] and [8A] of Schedule 2 and by </span><span style="font-family:Arial, sans-serif; font-style:italic">the Food Standards (Proposal P1028 – Infant Formula Products – Consequential Amendments) Variation.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif; font-weight:bold">The transition period is the period of time that commences on 13 September 2024 and ends on 13 September 2029.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following:</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:24.45pt; margin-bottom:0pt; text-indent:-12.2pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(a)</span><span> </span><span style="font-family:Arial, sans-serif">the Code as in force without the above variations;</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:24.45pt; margin-bottom:0pt; text-indent:-12.2pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(b)</span><span> </span><span style="font-family:Arial, sans-serif">the Code as amended by the above variations.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(3) provides that a food product that was labelled before the end of the transition period may be sold after the transition period if the product complies with one of the following:</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:24.45pt; margin-bottom:0pt; text-indent:-12.2pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(a)</span><span> </span><span style="font-family:Arial, sans-serif">the Code as in force without the above variations;</span></p><p style="margin-left:24.4pt; text-indent:-12.2pt; font-size:8pt"><span>(b) the Code as amended by the above variations.</span><br><span></span></p></td></tr><tr><td colspan="5" style="width:450.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="fsctblamendmain0" style="margin-top:3pt; margin-bottom:3pt; font-size:9pt"><span style="font-family:Arial, sans-serif; font-weight:bold; font-style:italic">Food Standards (Proposal P1063 – Code Revision (2024) – Added Sugar(s) Claims) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="font-size:8pt"><span>Item [1] of the Schedule</span></p></td><td style="width:31.75pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:5.65pt; text-indent:-5.65pt; font-size:8pt"><span>233</span></p></td><td style="width:67.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain"><span class="ui-provider">F2024L01376</span></p><p class="FSCtblAmendmain"><span>28 October 2024</span></p><p class="FSCtblAmendmain"><span>FSC173</span></p><p class="FSCtblAmendmain"><span>29 October 2024</span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-left:3.8pt; text-indent:-3.8pt; font-size:8pt"><span>Clause 4</span></p><p style="margin-left:3.8pt; text-indent:-3.8pt; font-size:8pt"><span></span></p></td><td style="width:202.05pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Clause 4 establishes a transitional arrangement for variations to the Code made by Item [1] of the</span><span style="font-family:Arial, sans-serif; font-style:italic"> Food Standards (Proposal P1063 – Code Revision (2024) – Added Sugar(s) Claims) Variation.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif; font-weight:bold">The transition period is the period of time that commences on 29 October 2024 and ends on 29 October 2028.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif; font-weight:bold"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif; font-weight:bold">The post-transition period is the period of time that commences 30 October 2028 and ends on 30 October 2030.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following:</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:24.45pt; margin-bottom:0pt; text-indent:-12.2pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(a) the Code as in force without the variations made by the instruments; or;</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:24.45pt; margin-bottom:0pt; text-indent:-12.2pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(b) the Code as amended by the variations made by the instruments.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(3) provides that a food product that was packaged and labelled before the end of the transition period may be sold during the post-transition period if the product complies with one of the following:</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:24.45pt; margin-bottom:0pt; text-indent:-12.2pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(a) the Code as in force without the variations made by the instruments; or;</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:24.4pt; margin-bottom:0pt; text-indent:-12.2pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(b) the Code as amended by the variations made by the instruments.</span><br><span style="font-family:Arial, sans-serif"></span></p></td></tr><tr><td colspan="5" style="width:450.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="fsctblamendmain0" style="margin-top:3pt; margin-bottom:3pt; text-align:justify; font-size:9pt"><span style="font-family:Arial, sans-serif; font-weight:bold; font-style:italic">Food Standards (Proposal P1059 – Energy labelling on alcoholic beverages) Variation</span></p></td></tr><tr><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; font-size:8pt"><span>Item [1] of the Schedule</span></p></td><td style="width:31.75pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; font-size:8pt"><span>241</span></p></td><td style="width:67.15pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="FSCtblAmendmain" style="margin-top:3pt; margin-left:0pt; text-indent:0pt"><span class="ui-provider">F2025L00923</span></p><p class="FSCtblAmendmain"><span class="ui-provider">12 August 2025</span></p><p class="FSCtblAmendmain"><span class="ui-provider">FSC180</span></p><p class="FSCtblAmendmain"><span class="ui-provider">13 August 2025</span></p></td><td style="width:53pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-left:3.7pt; text-indent:-3.7pt; font-size:8pt"><span>Clause 4</span></p></td><td style="width:202.05pt; border-top:1.5pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; font-size:8pt"><span>Clause 4 of the </span><span style="font-style:italic">Food Standards (Proposal P1059 – Energy labelling on alcoholic beverages) Variation</span><span> provides a transitional arrangement for the variations to the Code made by Item [1] of the Schedule to that legislative instrument.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif; font-weight:bold">The transition period is the period of time that commences on 13 August 2025 and ends on 13 August 2028.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(2) provides that during the transition period, a food product may be sold if the product complies with one of the following:</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:11.65pt; margin-bottom:0pt; text-indent:-11.65pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(a)</span><span> </span><span style="font-family:Arial, sans-serif">the Code as in force without the variations made by this instrument; or</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:11.65pt; margin-bottom:0pt; text-indent:-11.65pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(b)</span><span> </span><span style="font-family:Arial, sans-serif">the Code as amended by the variations made by this instrument.</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-bottom:0pt; font-size:8pt"><span style="font-family:Arial, sans-serif">Subclause 4(3) provides that 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:</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:3.8pt; margin-bottom:0pt; text-indent:-3.8pt; font-size:8pt"><span style="font-family:Arial, sans-serif"></span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:11.65pt; margin-bottom:0pt; text-indent:-11.65pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(a)</span><span> </span><span style="font-family:Arial, sans-serif">the Code as in force without the variations made by this instrument; or</span></p><p class="fsctblamendmain0" style="margin-top:0pt; margin-left:11.6pt; margin-bottom:3pt; text-indent:-11.6pt; font-size:8pt"><span style="font-family:Arial, sans-serif">(b)</span><span> </span><span style="font-family:Arial, sans-serif">the Code as amended by the variations made by this instrument.</span></p></td></tr></tbody></table>

Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

About this compilation

This is compilation No. 19 of Standard 1.1.2 as in force on 2 September 2025 (up to Amendment No. 241). It includes any commenced amendment affecting the compilation to that date.

Prepared by Food Standards Australia New Zealand on 2 September 2025.

The following abbreviations may be used in the table below:

ad = added or inserted am = amended

exp = expired or ceased to have effect rep = repealed

rs = repealed and substituted

Standard 1.1.2 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00385 –- 31 March 2015) and has since been amended as follows:

Section affected	A’ment No.	FRL registrationGazette	Commencement(Cessation)	How affected	Description of amendment
1.1.2—2(3)	157	F2015L013661 Sept 2015FSC993 Sept 2015	1 March 2016	ad	Reference to new Standard 1.2.12.Definitions of ‘prescribed beverage’ and ‘prescribed beverage gluten free claim’.
1.1.2—2(3)	161	F2016L0011517 Feb 2016FSC10322 Feb 2016	1 March 2016	am	Definition of ‘food group’ to include references to nuts and seeds.
1.1.2—2(3)	161	F2016L0012018 Feb 2016FSC10322 Feb 2016	1 March 2016	am	Definition of ‘individual portion pack’ to correct incorrect cross-reference.
1.1.2—2(3)	163	F2016L0078412 May 2016FSC10519 May 2016	19 May 2016	rs	Definition of ‘SPC’.For application, saving and transitional provisions, see above table.
1.1.2—2(3)	166	F2017L000235 Jan 2017FSC10812 Jan 2017	12 Jan 2017	am	Incorrect cross-reference to Standard 1.2.7.
1.1.2—2(3)	168	F2017L0041411 April 2017FSC11013 April 2017	13 April 2017	am	Update reference under the definition of ‘permitted flavouring substance’.
1.1.2—3(2)	159	F2015L019132 Dec 2015FSC1017 Dec 2015	1 March 2016	ad	Definition of ‘raw apricot kernel’.
1.1.2—7(2)	157	F2015L013741 Sept 2015FSC993 Sept 2015	1 March 2016	am	Correction of typographical error in definition of ‘acute care hospital’.
1.1.2—9(1)	172	F2017L011426 Sept 2017FSC1147 Sept 2017	7 Sept 2017	am	Definition of ‘nutrition content claim’.
1.1.2—11(2)(a) Note	172	F2017L011426 Sept 2017FSC1147 Sept 2017	7 Sept 2017	am	Omit the word ‘foods’.
1.1.2—12	161	F2016L0012018 Feb 2016FSC10322 Feb 2016	1 March 2016	am	Typographical error in Note.
1.1.2—15	159	F2015L019313 Dec 2015FSC1017 Dec 2015	1 March 2016	ad	Section relating to the Health Star Rating symbol.
1.1.2—2(3)	182	F2018L0159423 Nov 2018FSC12329 Nov 2018	29 Nov 2018	am	Omit 2015 (edition 27), Substitute 2018 (edition 28)
1.1.2—9(1)	182	F2018L0159423 Nov 2018FSC12329 Nov 2018	29 Nov 2018	am	Typographical error ‘fat’
1.1.2—2(3)	194	F2020L0095228 July 2020FSC 13531 July 2020	31 July 2020	ad	Definition of ‘individual unit’, ‘pregnancy warning label’, pregnancy warning pictogram’, ‘prescribed alcoholic beverage’.For application, saving and transitional provisions, see above table.
1.1.2—2(3)	197	F2021L0014524 Feb 2021FSC13825 Feb 2021	25 Feb 2021	ad	Definition of ‘required name’For application, saving and transitional provisions, see above table.
1.1.2—2(3)	200	F2021L006842 June 2021FSC1413 June 2021	3 June 2021	am	section relating to definition of permitted flavouring substance
1.1.2—3(2)	200	F2021L006842 June 2021FSC1413 June 2021	3 June 2021	ad	Definition of wheat flour
1.1.2—3(2) (note)	206	F2022L0030811 Mar 2022FSANZ Notification Circular 195-22 (Urgent Proposal)23 March 2022	23 March 2022	rs	Repeal and substitute definition of kava
1.1.2—2(3)	208	F2022L007331 June 2022FSC 1481 June 2022	1 June 2022	ad	Add definitions of very low energy diet and very low energy foodFor application, saving and transitional provisions, see above table.
1.1.2—5(2)	208	F2022L007331 June 2022FSC 1481 June 2022	1 June 2022	rs	Repeal and substitute details for, a food is not food for special medical purposesFor application, saving and transitional provisions, see above table.
1.1.2—3(2)	210	F2022L0106112 August 2022FSC 15012 August 2022	12 August 2022	am	Definition of ‘electrolyte drink’For application, saving and transitional provisions, see above table.
1.1.2—2(3)	220	F2023L0100411 July 2023FSC 16019 July 2023	19 July 2023	rs	Repeal and, substitute: the definition of permitted flavouring
1.1.2—3(2)	229	F2024L0089418 July 2024FSC 16922 July 2024	22 July 2024	ad	Add definition of Native bee honey
1.1.2—2(3)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	ad	Insert definition of inner package, in relation to a special medical purpose product for infants.
1.1.2—2(3)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rep	Repeal the definition of medium chain triglycerides.
1.1.2—2(3)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rep	Repeal the definition of protein substitute.
1.1.2—2(3)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rs	Repeal paragraph (c) of the definition of warning statement and substitute.
1.1.2—3(2)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	ad	Insert definition of special medical purpose product for infant.
1.1.2—3(2)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rs	Repeal definition of follow-on formula and substitute.
1.1.2—3(2)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rs	Repeal definition of infant formula and substitute.
1.1.2—3(2)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rs	Repeal definition of infant formula product and substitute.
1.1.2—3(2)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rep	Repeal definition of pre-term formula.
1.1.2—8(2)	231	F2024L0115113 Sept 2024FSC 17113 Sept 2024	13 September 2024	rs	Repeal definition of novel food and substitute.
1.1.2—2(3)	233	F2024L0137628 October 2024FSC17329 October 2024	29 October 2024	rs	Repeal and substitute 1.1.2—2(3) paragraph (a) the definition of sugars.
1.1.2—2(3)	233	F2024L0137728 October 2024FSC17329 October 2024	29 October 2024	am	Amend 1.1.2—2(3) paragraph (a) the definition of sugars to include (other than D-allulose‑).
1.1.2—2(3)	239	F2025L0068918 June 2025FSC17918 June 2025	18 June 2025	ad	Insert cell-cultured food into subsection 1.1.2—2(3).
1.1.2—8(1)	239	F2025L0068918 June 2025FSC17918 June 2025	18 June 2025	rs	Repeal subsection 1.1.2—8(1)(c) and insert 1.1.2—8(1)(c) and (d) definition of non-traditional food.
1.1.2—9	241	F2025L0092312 August 2025FSC18013 August 2025	13 August 2025	ad	Insert new labelling requirements for nutrition content claims regarding energy statements.For application, saving and transitional provisions, see above table.
1.1.2—2(3)	243	F2025L0098826 August 2025FSC1832 Sept 2025	2 September 2025	rep	Repeal definitions for food produced using gene technology and gene technology
1.1.2—2(3)	243	F2025L0098826 August 2025FSC1832 Sept 2025	2 September 2025	ad	Insert entries for genetically modified food, novel DNA and novel protein
1.1.2—16	243	F2025L0098826 August 2025FSC1832 Sept 2025	2 September 2025	ad	Insert entry for Definition of genetically modified food
1.1.2—17	243	F2025L0098826 August 2025FSC1832 Sept 2025	2 September 2025	ad	Insert entry for Definition of novel DNA

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Australia New Zealand Food Standards Code – Standard 1.1.2 – Definitions used throughout the Code

Standard 1.1.2 Definitions used throughout the Code

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.

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.