Australia New Zealand Food Standards Code - Standard 4.5.1 - Wine Production Requirements (Australia Only)

This Standard (Standard 4.5.1, compilation as at 5 December 2019) sets out the technical rules that govern the production of wine, sparkling wine, fortified wine and brandy in Australia. Mechanically it does the following.

• Defines core terms for the Standard: wine, sparkling wine, fortified wine, brandy, grape spirit and mistelle (clause 1). These statutory definitions determine which products fall within the Standard’s scope.
• Limits the scope by application: it applies to the production of wine in Australia only, and operates notwithstanding contrary provisions elsewhere in the Food Standards Code (clause 2).
• Lists permitted food additives (clause 3, Table to clause 3) and permitted processing aids (clause 4, Table to clause 4). The lists are expressed as positive permissions subject to any limits in clause 5.
• Imposes compositional minima and maxima for alcohol and other constituents: minimum ethanol for wine and sparkling wine (45 mL/L at 20°C), prohibition on added ethanol to wine, ethanol range for fortified wine (150-220 mL/L at 20°C), and a suite of maximums for sulphur dioxide, sorbic acid/potassium sorbate, soluble chlorides and sulphates, phosphates, volatile acidity, cyanides, dimethyl dicarbonate and potassium polyaspartate (clause 5(1)-(5)).
• Controls water addition to wine, sparkling wine and fortified wine. It permits added water only for limited technological purposes (incorporation of permitted substances, to facilitate fermentation, or incidental to winemaking), prohibits other added water (clause 5(7), (7A)), caps quantity (70 mL/L across specified categories; clause 5(7B)), and restricts dilution for fermentation to maintain a minimum must sugar concentration (clause 5(7C)). It also requires any unspecified limits to be consistent with Good Manufacturing Practice (GMP) (clause 5(8), (7D)).
• Sets product-specific rules: for sparkling wine it permits grape spirit, brandy and sugars in addition to general additives/processing aids, caps any resultant ethanol increase to 25 mL/L at 20°C and requires at least 5 g/L carbon dioxide at 20°C (clause 6); for fortified wine caramel is permitted in addition to the general list (clause 7).
• Contains a Schedule of specifications for brandy: maturation in wooden containers for at least two years, minimum spirit content and strength, permitted ancillary ingredients and a methanol limit of 3 g/L of ethanol content (Schedule).

Mechanically therefore the Standard is a positive regulatory framework: it specifies what may be used in production, limits compositional parameters, and constrains certain technological practices (notably water addition). The Standard cross‑references GMP for unspecified limits (clause 5(8)) and Standard 1.3.3 for processing-aid foods (clause 4 editorial note). The Amendment History, included in the instrument, records sequential technical amendments and shows the instrument has been actively revised; amendments are made under s 92 of the Food Standards Australia New Zealand Act 1991 (see Amendment History).

The Standard does not itself contain penalty provisions or detailed enforcement mechanisms within the text. It operates as a technical standard within the Food Standards Code; the instrument’s text makes no express provision for sanctions or enforcement procedure.

This Standard organises a small number of interlocking technical concepts that determine legally permissible winemaking practice.

Definitions and product categories (clause 1)

• Wine: product of complete or partial fermentation of fresh grapes, or mixtures of that product and products derived solely from grapes (clause 1, definition of wine). This definition is the baseline for determining whether a product falls within the Standard’s rules.
• Sparkling wine, fortified wine and brandy: each has a statutory definition that carries compositional and process rules elsewhere in the Standard (clause 1 and Schedule).

Permitted inputs versus processing aids (clauses 3 and 4)

• Clause 3 lists substances that may be used as additives in production, subject to any limits in clause 5. Clause 4 lists processing aids that may be used, again subject to clause 5 limits.
• The Standard distinguishes “substances used in production” from “processing aids”, and cross-references other Standards (for example Standard 1.3.3) where a processing aid is itself a food (clause 4 editorial note).

Compositional controls and measurement conventions (clause 5)

• Alcohol content minima and maxima are expressed in mL/L at 20°C. Wine and sparkling wine must contain no less than 45 mL/L ethanol at 20°C (clause 5(1)); fortified wine must be between 150 mL/L and 220 mL/L (clause 5(3)); wine must not contain added ethanol (clause 5(2)).
• A suite of maximums for constituents: sulphur dioxide (250 mg/L or 300 mg/L depending on sugar content), sorbic acid/potassium sorbate (200 mg/L expressed as sorbic acid), soluble chlorides (1 g/L as NaCl), soluble sulphates (2 g/L as potassium sulphate), phosphates (400 mg/L expressed as phosphorus), volatile acidity (1.5 g/L as acetic acid), cyanides (0.1 mg/L as hydrocyanic acid), dimethyl dicarbonate (200 mg/L added), and potassium polyaspartate (100 mg/L) (clause 5(5)(a)-(i)).
• Residual iron must be present if potassium ferrocyanide has been used as a processing aid (clause 5(6)).

Water addition rules (clause 5(7)-(7D))

• Allowed additions of water are tightly stated: only to incorporate substances listed in clauses 3 or 4, to facilitate fermentation, or if incidental to winemaking (clause 5(7)).
• A strict prohibition on added water other than that permitted (clause 5(7A)), and a quantitative cap of 70 mL/L on certain categories of added water (clause 5(7B)).

This Standard directly governs all persons and entities engaged in the production of wine, sparkling wine, fortified wine and brandy in Australia, because clause 2 states it applies to the production of wine in Australia only, notwithstanding other Code provisions. The following actor groups are therefore affected:

• Winemakers and wineries operating in Australia: primary responsibility for complying with permitted additives, processing aids, compositional minima and maxima, and the water-addition rules (clauses 3, 4 and 5). They must ensure formulations, process steps (for example dilution), and maturation practices (for brandy, Schedule) comply with the specified thresholds and permitted substances.
• Suppliers of inputs (chemical suppliers, yeast, nutrient supplements, processing aid manufacturers): their products are listed or not listed in clause 3 and clause 4 tables. Use of a substance not listed would place a producer outside the Standard’s permitted regime unless the producer can rely on another Code provision , but clause 2 says this Standard applies notwithstanding contrary Code provisions, so suppliers supplying outside the lists expose buyers to non‑compliance risk.
• Quality, compliance and laboratory teams within wineries: require systems to test and document ethanol at 20°C, sulphur dioxide, sorbic acid/potassium sorbate, soluble chlorides and sulphates, phosphorus, volatile acidity, cyanides, dimethyl dicarbonate, potassium polyaspartate and residual iron where potassium ferrocyanide has been used (clause 5(5), (6), (8)). They must also monitor any added water against the 70 mL/L cap and 13.5 degrees Bé minimum for diluted must (clause 5(7B), (7C)).
• Regulatory compliance officers and auditors: enforcement and surveillance bodies will use these clauses as the compliance standard. The instrument itself does not specify penalties (see Penalties and enforcement below), but clause 2’s express primacy over other Code provisions means regulators must check compliance against this Standard for wine production in Australia.
• Product developers and contract manufacturers: when formulating new products (for example sparkling wine variants or fortified wine), they must ensure that the permitted additional inputs and the caps on resultant ethanol increases are observed (clause 6).
• Corporate counsel and labelling/commercial teams: although this Standard does not prescribe labelling content, its compositional limits (for example prohibition on added ethanol to “wine” at clause 5(2)) will affect product claims and formulation decisions. Brand managers need to ensure that products labelled as “wine,” “sparkling wine,” “fortified wine,” or “brandy” meet the statutory definitions (clause 1) and the compositional/process specifications (clauses 5-7 and Schedule).

The Standard imposes prescriptive duties on producers and establishes permitted rights (permissions) to use listed substances and processing aids. It also sets mandatory product characteristics. Below are the principal duties and the practical rights they yield.

Duties

• Duty to use only permitted additives and processing aids: Clause 3(1) and clause 4(1) permit use only of substances listed in their respective Tables, subject to any limits in clause 5. Practically, a producer must ensure that any substance used in production appears in the Table to clause 3 or the Table to clause 4 or is otherwise used in a manner consistent with the Standard.
• Duty to meet ethanol and constituent limits: Producers must ensure wine and sparkling wine contain not less than 45 mL/L ethanol at 20°C (clause 5(1)); wine must not contain added ethanol (clause 5(2)); fortified wine must be 150-220 mL/L ethanol at 20°C (clause 5(3)). Compliance requires routine measurement at the specified reference temperature.
• Duty to respect maximum levels for specified substances: The maximums in clause 5(5)(a)-(i) (sulphur dioxide, sorbic acid/potassium sorbate, soluble chlorides, soluble sulphates, phosphates, volatile acidity, cyanides, dimethyl dicarbonate, potassium polyaspartate) are binding numeric caps a producer must observe.
• Duty on water addition: Water may be added only for three specific purposes (clause 5(7)) and must not exceed the limits specified (no added water other than permitted under clause 5(7) per clause 5(7A), cap of 70 mL/L for enumerated categories per clause 5(7B), and must not dilute must below 13.5 degrees Bé where water is added to facilitate fermentation per clause 5(7C)). Any other added water must be consistent with GMP under clause 5(7D).
• Duty to ensure residual iron when potassium ferrocyanide used: If potassium ferrocyanide is used as a processing aid, the final product must have residual iron present (clause 5(6)).
• Duty when using thiamin chloride/hydrochloride: These may be added only to facilitate growth of microorganisms (clause 4(3)), creating a usage-purpose constraint.

Rights (permissions)

• Right to use listed additives and processing aids: The Tables in clauses 3 and 4 are rights of access to those substances for use in production, subject to clause 5 limits and GMP where specific limits are not stated.
• Right to use mistelle and grape spirit under defined definitions: Mistelle is defined (clause 3(2)) and the Schedule defines grape spirit/brandy specifications for brandy production; producers can use these inputs where the definitions and Schedule conditions are met.

The Standard itself contains no express penalty provisions, administrative sanction mechanisms or enforcement procedures within the text provided. The instrument includes an Amendment History that states amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 (see Amendment History), but the Standard’s clauses do not create or specify penalties, inspection regimes, infringement notices or enforcement processes.

Consequently, several practical points follow strictly from the Standard’s text:

• The Standard establishes technical requirements and compositional limits but does not within its text prescribe criminal sanctions, civil penalties, or administrative enforcement mechanisms. The document is silent on enforcement modalities.
• Enforcement, prosecution or regulatory action arising from non‑compliance with this Standard therefore will rely on external legal or regulatory schemes , for example the enforcement powers and penalty provisions contained in the Food Standards Australia New Zealand Act 1991, state and territory food legislation or other instruments. Those external instruments are not contained in this Standard and are not described here, because the Standard does not itself specify them.
• The Amendment History records that amendments are made under s 92 of the Food Standards Australia New Zealand Act 1991. That linkage indicates the Standard is made under an Act that contains the broader legislative architecture, but the Standard’s text does not specify which particular enforcement instruments or penalties apply for breaches of its provisions.

For a compliance practitioner or lawyer advising a producer:

• Do not rely on the Standard for any statement about penalty quantum or enforcement pathways; instead locate the applicable enforcement provisions in the enabling Act (s 92 is cited for amendments) and in state/territory food laws or delegated regulations implementing the Code at operational level.
• Where a regulator asserts non‑compliance with this Standard, remedies, sanctions and enforcement options will derive from the relevant enforcement legislation in force for that regulatory actor, not from the Standard itself.

In short, the Standard prescribes what must be done; it does not itself set out how non‑compliance is enforced nor the sanctions that follow. Parties should consult the Food Standards Australia New Zealand Act 1991 and relevant state/territory food safety legislation and enforcement policy for the penalty and enforcement details that apply in practice.

The Standard explicitly engages with other parts of the Food Standards Code and the statutory framework for food standards. The interaction is both hierarchical and normative.

Express primacy within the Code (clause 2)

• Clause 2 states that the Standard applies to the production of wine in Australia only, "notwithstanding any provisions to the contrary elsewhere in this Code." This gives Standard 4.5.1 an internal primacy for the subject matter of wine production: where another Standard in the Code permits otherwise, clause 2 indicates that, for production in Australia, the rules in this Standard govern.

Cross-reference to Standard 1.3.3 (clause 4 editorial note)

• Clause 4’s editorial note refers to clause 3(a) of Standard 1.3.3, stating that plant proteins that are foods are permitted under that Standard and would also be permitted under this Standard. This creates an interdependence: some items treated as processing aids here may also be covered by general food‑standards permissions in other Standards.

Good Manufacturing Practice (GMP) linkage (clause 5(8) and 5(7D))

• Where this Standard does not specify a numerical limit for an additive or processing aid, clause 5(8) requires that use must be consistent with conditions of GMP. Clause 5(7D) requires that added water, subject to specified subclauses, must not exceed what is consistent with GMP. The term GMP is not defined in this Standard; GMP is a concept used across the Food Standards Code and associated guidance documents, so compliance requires reference to those documents and to GMP as it is interpreted elsewhere in the Code and by regulators.

Legal basis for amendments (Amendment History)

• The Amendment History records that variations to the Standard are made under s 92 of the Food Standards Australia New Zealand Act 1991. This situates the Standard within the FSANZ legislative process and indicates that changes to the Standard are given legal effect via that Act. It also means that the Standard’s content is subject to the procedural and legal constraints of the FSANZ Act (for example consultation and decision processes) where amendments are effected.

Interaction with measurement and labelling law (implied)

• The Standard specifies compositional metrics measured at 20°C and sets out alcohol volume values in mL/L. Although this Standard does not itself prescribe labelling content, producers will need to reconcile their labelling obligations under other Code provisions or labelling laws with the compositional outcomes mandated here. The Standard therefore functionally interacts with labelling laws outside the text: a producer must ensure that the product both meets the Standard compositionally and is labelled in accordance with labelling requirements in the Code or other legislation.

The Standard includes a detailed Amendment History listing the sequence of modifications from its original publication up to Amendment No. 188, with dates and short descriptions. The Amendment History is part of the instrument as compiled on 7 December 2019 and provides the legal provenance for current text. Key entries and structural changes recorded in the Amendment History include the following items drawn verbatim from the instrument.

• Re-numbering and early consolidation:

  • The Standard was originally published as Standard 4.1.1 on 24 October 2002. Amendment No. 72 (Gazette F2008B00819 registered 24 Dec 2008; commencement 20 May 2004) changed numbering from 4.1.1 to 4.5.1 and made other consequential amendments, including reproducing definitions and tables (Title, clause 1, clause 3(2), clause 5).

• Additions to permitted substances and processing aids (selected):

  • Multiple amendments added entries to the Table to clause 3 and Table to clause 4, including carbon dioxide and gum arabic (amendment 72, 20 May 2004), grape skin extract (amendment 78, 26 May 2005), yeast mannoproteins (amendment 98, 15 May 2008), sodium carboxymethylcellulose (amendment 127, 17 Nov 2011), dimethyl dicarbonate (amendment 135, 11 Oct 2012), chitosan sourced from Aspergillus niger (amendment 145, 9 Jan 2014), carrageenan and pectins (amendment 172, 7 Sept 2017), and entries for ammonium bisulphite, chitin-glucan and polyvinylimidazole-polyvinylpyrrolidone co-polymers (amendment 174, 26 Oct 2017).
  • Additions and removals have been made over time to maintain a current list of permitted materials.

• Ethanol minimum amendment:

  • Amendment 126 (F2011L02066 registered 13 Oct 2011; commencement 13 Oct 2011) amended clause 5(1) to change the minimum amount of ethanol allowed in wine.

• Water addition and dilution rules:

  • Significant change to water addition control occurred with amendment 167 (F2017L001007, commencement 9 Feb 2017), which repealed prior subclause 5(7) and added new subclauses 5(7), 5(7A), 5(7B), 5(7C) and 5(7D) relating specifically to the addition of water to wine, sparkling wine and fortified wine.

• Potassium polyaspartate:

  • An entry for potassium polyaspartate was the subject of amendment 184 (not commenced) and later amendment 188 which inserted the entry for potassium polyaspartate with a commencement date of 5 Dec 2019 (amendment 188).

The text of Standard 4.5.1 (as provided) contains no references to judicial decisions, tribunal determinations, or administrative appeals. The instrument’s included materials , the clauses, the Schedule and the Amendment History , do not name any court cases or litigation outcomes.

Consequences of the absence of litigation references

• There is no litigation record embedded in this Standard that would indicate judicial interpretation of its clauses. Any legal interpretation, dispute or enforcement outcome must be sought from external case law or administrative decision records, which are not contained in the Standard’s text.
• Counsel or compliance officers requiring precedent on how courts or tribunals have interpreted this Standard will need to search case law databases or regulatory enforcement records outside the Standard; such material is not summarised or cited within this instrument.

Practical note for advisors

• Because the Standard establishes technical rules (permitted inputs, compositional thresholds and process limits), disputes likely to generate litigation would concern measurement standards (for example ethanol at 20°C), interpretation of definitions (for example what constitutes "wine" under clause 1), the scope of "incidental to the winemaking process" in clause 5(7), the meaning and scope of GMP references, and the application of the prohibition on added ethanol (clause 5(2)). None of these interpretive controversies are resolved within the instrument, because no cases are mentioned.
• Where legal advice is required on contested interpretations, lawyers must rely on external case law and regulatory decisions. The Standard itself does not provide litigation pointers.

In short: the Standard contains no embedded litigation history; it records only its own amendment history and statutory provenance.

This Standard contains a number of drafting features and substantive limits that can produce compliance traps if practitioners or producers overlook them. The following are concrete items to watch for, grounded in the text.

1. Temperature-specific alcohol measurements (clause 5(1), (3), Schedule)

   • Ethanol content minima and maxima are expressed at 20°C. Measurements taken at different temperatures without correction may produce non‑compliant readings. Producers must ensure ethanol is measured at 20°C or adjusted to that reference temperature.

2. Prohibition on "added ethanol" to wine (clause 5(2))

   • Clause 5(2) states "Notwithstanding subclause (1), wine must not contain added ethanol." The Standard permits wine to have an ethanol minimum but prohibits fortifying ordinary wine with added ethanol; fortified wine is regulated separately under clause 5(3) and clause 7. Producers must not add ethanol to a product they intend to label and sell as "wine".

3. Water addition rules are narrow and technical (clauses 5(7)-(7D))

   • Water may be added only for three narrow purposes and there is an absolute prohibition on other added water (clause 5(7) and 5(7A)). The combined cap of 70 mL/L for specified categories of water addition (clause 5(7B)) is a quantitative limit that can be exceeded inadvertently by cumulative process additions (washings, blending, etc.). The clause that allows water to facilitate fermentation only if dilution does not reduce must below 13.5 degrees Bé (clause 5(7C)) is specific and technical. The catch-all requirement that any added water be consistent with GMP (clause 5(7D)) ties the rule back to a separate, potentially variable standard.

4. The "mistelle" entry and table formatting anomalies (clause 3(2) and Table to clause 3)

   • The Table to clause 3 contains a line "MistellePotassium polyaspartate" in the provided text. The Amendment History shows prior typographical adjustments and the later insertion of potassium polyaspartate (amendment 188, commencement 5 Dec 2019). Practitioners should check the authorised consolidation as published officially to confirm the correct separation of entries. The instrument’s Amendment History shows similar prior typographical corrections; therefore rely on the official consolidated text for exact table entries.

5. Residual iron requirement if potassium ferrocyanide used (clause 5(6))

Compliance with this Standard requires a combination of formulation controls, process controls, testing and documentation. Below is an operational checklist mapped to the clauses and Schedule of the Standard.

1. Confirm product classification and definitions (clause 1)

   • Determine whether your product is "wine", "sparkling wine", "fortified wine" or "brandy" as defined in clause 1. This governs which clauses apply. Document the classification rationale (ingredients and processes) for each product line.

2. Use only permitted additives and processing aids (clauses 3 and 4)

   • Cross‑check every ingredient and processing aid used in production against the Table to clause 3 (additives) and Table to clause 4 (processing aids). Maintain a master ingredient list and supplier declarations matching table entries.
   • For any plant-protein processing aids, verify whether they are foods covered by Standard 1.3.3 (see clause 4 editorial note), and retain supplier documentation showing conformity.

3. Respect compositional limits and measure at 20°C (clause 5)

   • Implement routine testing protocols for ethanol, sulphur dioxide, sorbic acid/potassium sorbate, soluble chlorides, soluble sulphates, phosphorus (soluble phosphates as phosphorus), volatile acidity (excluding sulphur dioxide, expressed as acetic acid), cyanides (expressed as hydrocyanic acid), dimethyl dicarbonate (added) and potassium polyaspartate.
   • Ensure ethanol testing is corrected or performed at 20°C. Document calibration and method used.
   • Ensure wine and sparkling wine have at least 45 mL/L ethanol at 20°C; fortified wine is between 150 and 220 mL/L at 20°C. For sparkling wine, any addition of grape spirit/brandy/sugars must not increase ethanol by more than 25 mL/L (clause 6(2)).

4. Implement water‑addition controls (clauses 5(7)-(7D))

   • Create a documented SOP that permits water addition only for the three listed reasons: to incorporate a permitted substance (clause 5(7)(a)), to facilitate fermentation (clause 5(7)(b)) and incidental to winemaking (clause 5(7)(c)).
   • Monitor and record all water additions and ensure total water added under the categories in clause 5(7B) does not exceed 70 mL/L.
   • For water added to facilitate fermentation, confirm that dilution of must does not reduce sugar concentration below 13.5 degrees Bé (clause 5(7C)). Use validated hydrometer/refractometer readings and maintain batch records evidencing degrees Bé before and after dilution.