Australia New Zealand Food Standards Code – Standard 2.2.1 – Meat and meat products

The standard revolves around several tightly defined terms set out in section 2.2.1-2. Meat means the whole or part of the carcass of specified animals (buffalo, camel, cattle, deer, goat, hare, pig, poultry, rabbit or sheep) if slaughtered other than in a wild state, plus any other animal permitted for human consumption under a law of a State, Territory or New Zealand. It expressly excludes fish, avian eggs, and foetuses or parts of foetuses. This definition is important because it limits which species and which animal parts can be used in products claiming to be meat or meat products. Meat flesh is a narrower subset: skeletal muscle and any attached animal rind, fat, connective tissue, nerve, blood, blood vessels, or skin in the case of poultry. A product must contain meat flesh, not just offal or bone, to meet certain composition standards. Offal includes blood, brain, heart, kidney, liver, pancreas, spleen, thymus, tongue and tripe, and explicitly excludes meat flesh, bone and bone marrow. This distinction matters for labelling: offal must be identified either as ‘offal’ or by its specific name, with different rules for the listed types versus other offal. Manufactured meat is defined as processed meat containing no less than 660 g/kg of meat. Processed meat means a food that has undergone a method of processing other than boning, slicing, dicing, mincing or freezing, singly or in combination with other foods. This includes smoking, cooking, curing, fermenting, or adding binders. A product can be processed meat even if it does not meet the 660 g/kg threshold , section 2.2.1-5(4) sets a lower minimum of 300 g/kg for food sold as processed meat. Dried meat means meat that has been dried but does not include slow cured dried meat. Cured and/or dried meat flesh in whole cuts or pieces includes any attached bone and must meet a minimum meat protein content of 160 g/kg on a fat free basis (section 2.2.1-5(2)). Sausage is defined as food consisting of minced or comminuted meat, with or without other foods, encased or formed into discrete units, but it does not include meat formed or joined into the semblance of cuts of meat. This definition means that reformed meat products shaped like sausages but not meeting the mince/comminution requirement may not be sold as sausage. Meat pie is defined simply as a pie containing no less than 250 g/kg of meat flesh. The standard also introduces fermented comminuted processed meat and fermented comminuted manufactured meat with their own prescribed names and labelling requirements dependent on whether the meat has been heat treated, cooked, or not heat treated. The definitional structure creates categories with ascending meat content thresholds: processed meat (300 g/kg), manufactured meat (660 g/kg) and meat flesh products with higher specific requirements. The distinction between meat and meat flesh is critical for pie and sausage composition.

The standard directly affects any food business that produces, imports, wholesales or retails meat and meat products in Australia or New Zealand. This includes large meat processors, small butchers, pie manufacturers, sausage makers, charcuterie producers, delicatessens, supermarkets, and food service operators that sell items such as meat pies, sausages, dried meat, cured meats, fermented sausages, and formed meat products. Manufacturers of processed meats such as salami, bacon, ham, frankfurters, and meat loaves must ensure their products comply with the minimum meat content thresholds and, where applicable, the fat limits and water activity limits. Businesses that sell minced meat must comply with the labelling requirements for fat content if they make a fat claim. Producers of fermented meats (e.g., salami, chorizo) must adopt prescribed names that disclose heat treatment status, which affects consumer perception and marketing. Importers bringing meat products into Australia or New Zealand must ensure their sourced products meet the same compositional and labelling requirements, including the BSE sourcing condition for bovine products in Australia. Food retailers that sell unpackaged fermented comminuted meat (e.g., from a deli counter) have a slightly relaxed labelling obligation , they need not display the words ‘not heat treated’ , but other labelling rules still apply. The standard also affects suppliers of ingredients to meat product manufacturers, particularly those supplying offal, binders, and other additives, because the composition of the final product must meet the thresholds. For small businesses, the cost of compliance is relatively high: testing meat content, fat content, water activity, and meat protein requires laboratory analysis; label redesign and artwork changes are necessary for many products; and record keeping to demonstrate sourcing of BSE-free bovine material adds administrative burden. The standard may disadvantage smaller players who lack in-house food technologists or volume purchasing power, potentially concentrating market share in larger firms that can absorb compliance costs. Consumers are affected indirectly: they pay for the compliance costs passed through in prices, but they also receive a guarantee that products bearing standardised names meet minimum meat content, reducing the information asymmetry between buyer and seller. However, the minima are set by regulation, not by market demand; a consumer who prefers a lower-meat, lower-price product cannot lawfully be offered a product labelled ‘sausage’ below the threshold, which reduces choice.

Division 2 imposes the core compositional duties. A person who sells a food as a sausage must ensure it contains no less than 500 g/kg of fat free meat flesh and that the proportion of fat is no more than 500 g/kg of the fat free meat flesh content (section 2.2.1-3). A food sold as a meat pie must be a meat pie as defined , containing no less than 250 g/kg of meat flesh (section 2.2.1-4). A food sold as dried meat must be dried to a water activity of no more than 0.85 (section 2.2.1-5(1)). A food sold as cured and/or dried meat flesh in whole cuts or pieces must contain not less than 160 g/kg of meat protein on a fat free basis (section 2.2.1-5(2)). A food sold as manufactured meat must contain not less than 660 g/kg of meat (section 2.2.1-5(3)). A food sold as processed meat must contain not less than 300 g/kg of meat (section 2.2.1-5(4)). Division 3 sets the labelling duties. For the labelling provisions (Standard 1.2.1), offal must be identified: brain, heart, kidney, liver, tongue or tripe may be labelled as ‘offal’ or by specific name; any other offal (e.g., spleen, pancreas, thymus) must be identified by its specific name (section 2.2.1-6). If a claim is made about the fat content of minced meat, a statement of the maximum proportion of fat in g/100 g is required (section 2.2.1-7). Raw meat that has been formed or joined into the semblance of a cut of meat (e.g., formed steak or chicken fillet) using a binding system without heat must be declared as ‘formed or joined’ and must include cooking instructions that would achieve microbiological safety (section 2.2.1-8). Fermented comminuted processed meat and fermented comminuted manufactured meat must use prescribed names that indicate whether the meat is not heat treated, heat treated, or cooked; if a trade name is used, the label must include ‘fermented’, ‘fermented heat treated’, or ‘fermented cooked’ accordingly (sections 2.2.1-9, 2.2.1-10). Labelling may refer to a heating process only if it is for compliance with the standard or is a cooking instruction for the consumer , no other heat processing claims are permitted. For unpackaged fermented comminuted meat, the words ‘not heat treated’ may be omitted from display (section 2.2.1-11). Division 4 imposes a duty on Australian businesses: bovine meat and ingredients derived from bovines must be from animals free from BSE, with exemptions for collagen from bovine skins and hides (including sausage casings), bovine fat or tallow at no more than 300 g/kg of food, gelatine from bovine skins or hides, and dairy products (section 2.2.1-12). These are duties; the correlative right is that if a business complies, it may lawfully sell the product under the relevant name. The standard does not confer private rights of action; enforcement is regulatory.

The Standard itself does not prescribe penalty amounts. Enforcement occurs under the Food Standards Australia New Zealand Act 1991 (Cth) and corresponding state, territory and New Zealand food legislation. Under the FSANZ Act, a person must not sell food that does not comply with a standard; non-compliance is an offence. For example, in Australia, selling a product labelled as ‘sausage’ that does not meet the minimum fat free meat flesh content or fat limit would be a contravention of the Code. Penalties vary by jurisdiction but typically include fines (up to hundreds of thousands of dollars for corporations), infringement notices (on-the-spot fines), and in serious cases, imprisonment for individuals. Enforcement agencies such as state food authorities (e.g., NSW Food Authority, Queensland Health, Department of Health in Victoria) can issue enforcement orders, require recall of non-compliant product, and prosecute. In New Zealand, the Food Act 2014 incorporates the Code and gives powers to the Ministry for Primary Industries to impose fines, compliance orders, and undertake prosecutions. The standard is enforceable at multiple points in the supply chain: manufacturers, wholesalers, retailers, and importers are all liable for selling non-compliant product. There is no defence of ignorance of the composition; a business is expected to test its products. For labelling breaches , such as failing to declare offal by specific name, failing to disclose formed meat, or using an incorrect prescribed name for fermented meat , each label is a potential contravention. The cost of non-compliance includes not only fines but also the expense of recall, reputational damage, and loss of market access. The standard does not provide a mechanism for private damages; enforcement is public. Enforcement discretion may be exercised differently across jurisdictions, but the compositional thresholds are objective and measurable, making prosecution relatively straightforward if a sample fails analysis. The BSE sourcing requirement is enforced through auditing of supply chains; a failure to ensure BSE-free sourcing could result in serious public health consequences and severe penalties, though prosecutions for BSE breaches are rare due to the robustness of Australia’s cattle health systems. Overall, the penalty structure creates a strong incentive for compliance, particularly for large businesses that face higher financial exposure and public scrutiny.

Standard 2.2.1 does not operate in isolation. It forms part of the Australia New Zealand Food Standards Code, which is a legislative instrument under the Food Standards Australia New Zealand Act 1991 (Cth). Note 1 to the standard states that the instrument is a standard under that Act and that the standards together make up the Code. The Code comprises multiple standards; Standard 2.2.1 interacts most directly with Standard 1.2.1 - Labelling of food and other information requirements, which is repeatedly cross-referenced in sections 2.2.1-6 to 2.2.1-11 as ‘the labelling provisions’. That standard sets out general labelling obligations such as the requirement for a name or description of the food, ingredient listing, date marking, and advisory statements. Standard 2.2.1 imposes additional, product-specific labelling requirements that must be read alongside Standard 1.2.1. For example, the offal identification requirement in section 2.2.1-6 is an additional requirement to the ingredient listing. The fermented meat naming requirements in sections 2.2.1-9 and 2.2.1-10 effectively prescribe the name of the food for the purposes of Standard 1.2.1. The standard also interacts with Standard 1.1.1 - Preliminary (referred to in Note 1), which contains definitions and application provisions that apply across the Code. For instance, definition of ‘meat’ in section 2.2.1-2 must be read with any relevant definitions in Standard 1.1.1, though no conflict appears. The BSE requirement in section 2.2.1-12 applies in Australia only; it interacts with Australian biosecurity and animal health regulations. In New Zealand, the standard is adopted under the Food Act 2014 (see Note 2). New Zealand may have additional requirements under domestic law, but the standard itself is uniform. The Code also interacts with Standard 1.2.3 - Mandatory warning and advisory statements and declarations and Standard 1.2.4 - Labelling of ingredients, but those are not directly referenced in Standard 2.2.1. Additionally, the standard must be read in conjunction with state and territory food Acts that enforce the Code; each jurisdiction has its own enforcement powers and penalty provisions. The interaction with competition and consumer law is also relevant: Australian Consumer Law prohibits misleading or deceptive conduct; even if a product complies with Standard 2.2.1, it could still be misleading if presented in a way that suggests it has more meat than it does. However, compliance with the Code’s compositional minima provides a safe harbour for the name of the food. Finally, the standard may interact with export laws: meat products exported from Australia must comply with the Code as a baseline, but importing countries may have additional requirements.

Standard 2.2.1 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment No. 154 (registered as F2015L00427 on 31 March 2015). This was the original standard that commenced on 1 March 2016. Since its commencement, it has been amended once. Amendment No. 157 (registered as F2015L01374 on 1 September 2015, gazette FSC99 on 1 September 2015) amended section 2.2.1-1 (the name provision) to replace an incorrect section heading. The amendment history table provided with the compilation indicates that the heading was ‘amended’ (the abbreviation ‘am’ is used) and the description is ‘Incorrect section heading replaced.’ No other amendments are recorded in the compilation as at 1 March 2016 (up to Amendment No. 157). The compilation notes that uncommenced amendments or provisions ceasing to have effect may be reflected as shaded boxed text with commencement or cessation dates, but none are present in this compilation. The compilation was prepared by Food Standards Australia New Zealand on 1 March 2016. There is no indication of any subsequent amendments beyond that date in the provided text. The amendment history uses standard abbreviations: ad (added or inserted), am (amended), exp (expired or ceased to have effect), rep (repealed), rs (repealed and substituted). Only ‘am’ is used for the 157 amendment. The standard has therefore been relatively stable since its introduction. However, users of the Code must check for later amendments beyond 2016 that are not included in this compilation. The FSANZ website publishes current compilations. The amendment process is conducted under section 92 of the FSANZ Act, which allows the Authority to make amendments by gazette notice. The standard’s amendment history is sparse, suggesting that the initial drafting was carefully considered but also that meat product definitional issues (e.g., what offal must be called, or the fermented meat categories) have not yet required policy change. This stability reduces compliance uncertainty for businesses, but it also means the standard may not reflect technological changes or consumer preferences that have evolved since 2016.

The source text for Standard 2.2.1 does not record any litigation history. The compilation does not include a list of cases, and the standard itself is a technical instrument rather than a statute that generates frequent judicial interpretation. That said, disputes could arise over the meaning of terms such as ‘meat flesh’, ‘processed meat’, or ‘fermented comminuted processed meat’ in the context of enforcement actions. For example, a manufacturer might argue that a product containing a high proportion of offal still meets the ‘meat’ definition, or that a product is not ‘processed’ because the method used falls within the exceptions (boning, slicing, dicing, mincing, freezing). Such disputes would be resolved by state or territory courts or tribunals on judicial review of enforcement decisions. In New Zealand, the Food Act 2014 gives the District Court jurisdiction. No reported superior court decisions specifically on Standard 2.2.1 are identified in the source. The absence of litigation history does not mean the standard is uncontroversial; it may simply reflect that most disputes are settled administratively through compliance notices, recalls, or infringement penalties rather than full court proceedings. It may also reflect that the standard’s compositional thresholds are sufficiently clear that litigation is unlikely to succeed for a non-compliant business. The most fertile ground for litigation would be the BSE sourcing requirement, but Australia’s BSE-free status and strict biosecurity controls make contravention rare. Similarly, the labelling requirements for formed meat and fermented meats are relatively prescriptive, leaving little room for genuine interpretive dispute. Therefore, while no cases are named, parties should be aware that enforcement agencies rely on objective testing (e.g., laboratory analysis of meat protein, fat, water activity) rather than subjective judgment, which limits the scope for litigation. If a business is prosecuted, the key defence would be to challenge the testing methodology or the classification of the product, but the definitions are structured to minimise ambiguity.

Several aspects of the standard are easy to misinterpret or overlook.

Definition of meat excludes wild animals. The definition covers only animals slaughtered other than in a wild state. Kangaroo, wild boar, and other game shot in the wild cannot be sold as ‘meat’ under the Code even if permitted for consumption under state law, unless the animal is farmed and slaughtered in a domestic facility. This catches products labelled as ‘wild boar meat’ or ‘game meat’ that are genuinely wild.

Meat flesh versus meat. The minimum meat flesh content for pies (250 g/kg) and sausages (500 g/kg fat free meat flesh) uses the defined term ‘meat flesh’, which excludes offal, bone, and bone marrow. A pie maker using cheaper offal cuts cannot count those as meat flesh for the minimum; they must be separately declared as offal. Similarly, a sausage containing a high proportion of offal may fail the fat free meat flesh requirement even if total meat (including offal) exceeds 500 g/kg.

Offal labelling trap. Section 2.2.1-6 creates a two-tier system: brain, heart, kidney, liver, tongue and tripe may be labelled as ‘offal’ or by specific name. Spleen, pancreas, thymus, blood and other offal must be labelled by specific name (e.g., ‘spleen’, ‘blood’). Using ‘offal’ generically for the second group is non-compliant.

Sausage definition excludes formed meats. Sausage must be minced or comminuted. A product formed from whole muscle pieces bound together, even if shaped like a sausage, cannot be sold as ‘sausage’ unless it is also minced or comminuted.

Dried meat vs slow cured dried meat. The definition of dried meat excludes slow cured dried meat. Products like prosciutto, bresaola, or air-dried ham are slow cured dried meat and are not subject to the water activity limit of 0.85 in section 2.2.1-5(1). They fall under the ‘cured and/or dried meat flesh in whole cuts or pieces’ category and must meet the meat protein minimum instead.

Fermented meat heat treatment claims. Sections 2.2.1-9(3) and 2.2.1-10(3) prohibit referring to a heating process on the label unless it is required for compliance or is a cooking instruction. A manufacturer of heat-treated fermented sausage cannot say ‘lightly cooked’ for marketing purposes.

Unpackaged fermented meat omission. Section 2.2.1-11 allows unpackaged fermented comminuted meat to omit the words ‘not heat treated’. However, the product still needs to be sold with a name or description that includes the appropriate prescribed name if packaged. For unpackaged, the business can avoid displaying the full prescribed name, but if a trade name is used, the words ‘fermented’ must appear (sections 2.2.1-9(2) and 2.2.1-10(2) apply when a trade name is used even for unpackaged? The note cross-references subsections 1.2.1-6(4) and 1.2.1-9(4) which exempt certain unpackaged foods from bearing a label. The section says ‘the words “not heat treated” need not be displayed’. It does not exempt all labelling; if a trade name is used in advertising or display, the trade name connection may still require the appropriate descriptor. This area is nuanced.

BSE exemption limits. Bovine fat or tallow is exempt from the BSE sourcing requirement only if it comprises no more than 300 g/kg of the food. If a product uses tallow above that proportion, the tallow must be BSE-free. Also, collagen from bovine skins and hides is exempt, but only if it is from skins and hides not from bones.

Minced meat fat statement. Section 2.2.1-7 says that a statement of maximum fat proportion is required only if a claim is made in relation to the fat content. Many retailers voluntarily label fat content on minced meat; if they do not make a claim, the standard does not mandate a fat statement. However, other standards (e.g., trade measurement) may still require it.

Manufactured meat vs processed meat thresholds. A product may be processed meat (minimum 300 g/kg meat) but not manufactured meat (minimum 660 g/kg meat). A business cannot sell a product as ‘manufactured meat’ unless it meets the higher threshold. The two terms are not interchangeable.

No application to fish or avian eggs. The standard applies only to the listed animals. Fish products and eggs are regulated under other standards.

Compliance requires a systematic approach across product formulation, testing, labelling, and sourcing documentation.

Formulation and composition. For each product sold under a name that triggers a compositional requirement (sausage, meat pie, dried meat, cured/dried meat flesh, manufactured meat, processed meat), the business must first determine the correct category. Then formulate to meet the minimum meat or meat flesh content, fat limit, water activity, or meat protein threshold. This may require reformulating recipes, adjusting ingredient proportions, and establishing quality control limits that exceed the minimum to account for natural variation. For sausages, maintain at least 500 g/kg fat free meat flesh and keep fat below 500 g/kg of that fat free meat flesh (i.e., fat must not exceed half the fat free meat flesh weight). For pies, ensure at least 250 g/kg meat flesh. For dried meat, control water activity to 0.85 or below; for cured/dried whole cuts, ensure meat protein on a fat free basis is at least 160 g/kg. For manufactured meat, total meat content must be at least 660 g/kg; for processed meat, at least 300 g/kg.

Testing. Engage a NATA-accredited (or equivalent) laboratory to test for: meat content (protein analysis and calculation), fat content, water activity (for dried meat), and meat protein on fat free basis (for cured/dried whole cuts). Testing frequency should be based on risk: high-volume products and products with variable raw materials need more frequent testing. Keep records of all test results for each batch or production run. For dried meat, water activity testing is straightforward; for cured meats, protein testing is necessary.

Labelling. Review all labels against Division 3 requirements. For any product containing offal, check that the offal is declared either as ‘offal’ (for brain, heart, kidney, liver, tongue, tripe) or by specific name (for spleen, pancreas, thymus, blood, etc.). If minced meat makes a fat claim (e.g., ‘lean’, ‘low fat’), include a statement of maximum fat in g/100 g. For raw meat that is formed or joined using a binding system without heat (e.g., formed chicken breast), declare ‘formed or joined’ on the label and provide cooking instructions that ensure microbiological safety. For fermented comminuted processed meat or manufactured meat, use the prescribed name that reflects heat treatment status. If a trade name is used, include the required descriptor as per sections 2.2.1-9(2) or 2.2.1-10(2). Ensure no other reference to a heating process appears unless it is part of the mandatory label or a cooking instruction. For unpackaged fermented comminuted meat, you may omit ‘not heat treated’ on display, but still need to comply with any trade name descriptor requirement if a trade name is used in point-of-sale materials.

Sourcing records for BSE. Australian businesses must obtain written assurances from suppliers that bovine meat and ingredients are from BSE-free animals. Maintain a traceability system linking each batch of bovine material to its origin. Keep records of supplier declarations. The exemptions (collagen from skins/hides, tallow up to 300 g/kg, gelatine from skins/hides, dairy products) are narrow; do not assume all collagen or gelatine is exempt , check the source and, for tallow, verify its proportion in the final food.

Staff training. Ensure production and quality assurance staff understand the definitions and can distinguish between meat, meat flesh, offal, and the different processed meat categories. Train label approval personnel on the specific format and wording requirements.

Review of current products. Conduct a gap analysis: list every meat product currently sold, identify which standard category it falls into, compare current formulation to the minimums, and verify label compliance. Products that are borderline should be reformulated or relabelled to ensure a safety margin.

Monitor amendments. The standard may be amended. Subscribe to FSANZ notification services and regularly check the Federal Register of Legislation for new compilations. The amendment history shows the standard has been stable, but changes could affect composition or labelling requirements.