Australia New Zealand Food Standards Code – Standard 2.6.4 – Formulated caffeinated beverages

The Standard revolves around three core concepts: product definition, compositional limits and labelling duties, each defined within the textual structure of Standard 2.6.4.

Product definition

• "Formulated caffeinated beverage" is a defined term (2.6.4,2). The definition requires three elements: the item must be flavoured, non‑alcoholic, it must contain caffeine, and it must have the purpose of enhancing mental performance. The definition further clarifies that such a beverage is a water‑based flavoured drink for certain other Code cross‑references (2.6.4,2, final paragraph). The definition also distinguishes non‑alcoholic beverage in the Code (2.6.4,2, definition of non‑alcoholic beverage) by listing examples such as packaged water, water‑based beverages, electrolyte drinks and excludes brewed soft drinks.

Compositional limits

• A formulated caffeinated beverage "must contain no less than 145 mg/L and no more than 320 mg/L of caffeine in total, from any source" (2.6.4,3(a)). The Standard therefore sets a lower bound and an upper bound for total caffeine concentration expressed on a mass per volume basis (mg per litre). The Standard also allows such beverages to contain "a listed substance" (2.6.4,3(b)), where "listed substance" is defined by reference to Column 1 of the table in section S28,2 (2.6.4,2, "listed substance").

Mixtures and sale

• The Standard prohibits the sale of a food (other than a formulated caffeinated beverage) that is a mixture of a non‑alcoholic beverage and a formulated caffeinated beverage (2.6.4,4). That is a structural restriction on combining this product type with other non‑alcoholic beverages for sale, unless the resulting product itself meets the definition of formulated caffeinated beverage.

Labelling and disclosure

• The Standard requires specific quantitative declarations and advisory statements on the label (2.6.4,5). Required quantitative declarations are average quantities, per serving size and per 100 mL, of caffeine (mg) and of each listed substance present in the beverage, expressed in the units given in Column 2 of the table to S28,2 (2.6.4,5(1)). The Standard prescribes where these declarations may be placed relative to the nutrition information panel (may be adjacent to or follow it; may not be within it) and allows use of a specified format (may be set out in format in section S12,5) (2.6.4,5(2)). Required advisory statements must say that the food contains caffeine and that it is not recommended for children, pregnant or lactating women, and individuals sensitive to caffeine (2.6.4,5(3)(a)-(b)(i-iii)). Where a listed substance is present, an additional advisory must state that no more than a one‑day quantity should be consumed per day, with a prescriptive procedure for calculating that one‑day quantity (2.6.4,5(3)(c)-(6) and notes).

Calculation mechanics

• The Standard specifies a calculation methodology to convert permitted amounts for listed substances (given in S28,2) and the beverage concentration into an "equivalent amount" and then select the lowest equivalent amount to use as the product's one‑day quantity (2.6.4,5(5)-(6)). The terms used in the equation are defined: "permitted amount" refers to the permitted amount in S28,2 and "concentration" is the concentration of the substance in the beverage, in mg/L (2.6.4,5(6)).

Cross‑references

• The Standard repeatedly cross‑references other Code provisions: labelling provisions are "set out in Standard 1.2.1" (2.6.4,5 Notes and 2.6.4,5(1)-(3)); the table of listed substances and their permitted amounts/units is in S28,2 (2.6.4,2 and 2.6.4,5(1) note 3); format options are in S12,5 (2.6.4,5(2)(b)). These cross‑references allocate detail to other parts of the Code while the current Standard sets the specialised regime for this product category.

Interpretation point

• The definition's reference to beverages "that have the purpose of enhancing mental performance" introduces a purposive element into the product class. The Standard does not within its text elaborate how "purpose" is to be determined; the definition itself is the operative test (2.6.4,2).

Together, these concepts create a regime that defines the product class, bounds its caffeine content tightly, limits certain market practices (mixing), and imposes mandatory quantitative and advisory disclosure obligations including a formulaic consumer intake cap where listed substances are present.

The Standard creates obligations and constraints that primarily affect several identifiable categories of actors involved in the manufacture, import, sale, labelling and marketing of flavoured, water‑based caffeinated drinks in Australia and New Zealand. The text itself directs the effects as follows.

Manufacturers and product formulators

• Entities that manufacture or formulate flavoured, non‑alcoholic beverages that contain caffeine and that have the purpose of enhancing mental performance will be required to ensure the finished product meets the caffeine concentration band of 145-320 mg/L (2.6.4,3(a)). They must also account for any "listed substances" they include, because labelling and intake limits are tied to the table at S28,2 (2.6.4,2, 2.6.4,3(b), 2.6.4,5(1)).

Importers and suppliers

• Importers and first suppliers must ensure product labels comply with the quantitative and advisory statement requirements set out in 2.6.4,5 before placing the product on the market, and ensure composition is within the prescribed range. The Standard applies as a Code requirement; its commencement and Gazette notices are recorded (2.6.4,1, commencement note), signalling that supply of non‑complying products from 1 March 2016 onward would be contrary to the Code.

Retailers, food service and resellers

• Retailers and food service operators who sell beverages that fall within the definition may need to ensure labelling is present (where applicable) and must take account of 2.6.4,4 which prohibits a food for sale (other than a formulated caffeinated beverage) from being a mixture of a non‑alcoholic beverage and a formulated caffeinated beverage. That affects businesses that mix drinks on sale unless the resulting product itself qualifies as a formulated caffeinated beverage under the definition (2.6.4,4; 2.6.4,2).

Packaging and labelling designers

• Those responsible for label content and design must include average quantity declarations per serving and per 100 mL for caffeine and any listed substances, must include the specified advisory statements, follow placement constraints (adjacent to or following the nutrition information panel, not within it), may use the format in S12,5 and must calculate and present the one‑day quantity where listed substances are present (2.6.4,5(1)-(6)).

Regulators and enforcement bodies

• The Standard is made by the Board of Food Standards Australia New Zealand and is a Code standard under the FSANZ Act (instrument header and Note 1). The text itself does not set out administrative enforcement regimes or penalties; those matters are within the broader Code and relevant jurisdictional enforcement frameworks (notes referencing the Act and applicability in New Zealand).

Consumers and specific subpopulations

• The Standard directly targets consumer information regarding specific population groups. Labels must carry advisory statements that the product contains caffeine and is not recommended for children, pregnant or lactating women, and individuals sensitive to caffeine (2.6.4,5(3)(a)-(b)). Where listed substances are present, the label must set a one‑day quantity limit so consumers can gauge safe intake per the Code's permitted amounts (notes to 2.6.4,5 and 2.6.4,5(3)(c)-(6)).

Manufacturers of other non‑alcoholic beverages

• By defining a prohibition on mixing with a formulated caffeinated beverage (2.6.4,4), the Standard affects businesses that combine or blend different beverage products for sale. Unless the resulting food meets the definition of formulated caffeinated beverage, such mixtures are prohibited for sale.

Advertising and marketing teams

• Because the product definition includes the element "has the purpose of enhancing mental performance" (2.6.4,2), marketing and label claims that indicate such a purpose can determine whether a product falls inside the Standard. That places marketers on notice that purposive claims have regulatory significance for classification.

Supply chain compliance costs and design choices

• The requirements impose measurement, labelling and possibly reformulation costs for affected products: measuring caffeine mg/L, ensuring compliance with the caffeine band, including average quantity declarations and advisory statements on packs, and calculating one‑day quantities when listed substances are present (2.6.4,3, 2.6.4,5). Entities that previously sold beverages outside this specification but represented them as promoting mental performance will need to reassess classification and packaging.

In short, the Standard affects the full chain from formulation through labelling to point of sale for beverages that contain caffeine and are marketed as enhancing mental performance, and imposes specific compositional and disclosure obligations tied to other Code tables and labelling provisions.

The Standard imposes affirmative duties on producers and suppliers of formulated caffeinated beverages and confers limited operational flexibility in labelling placement and format. The following are the key duties and the explicit rights or permissions recorded in the Standard.

Key duties

1. Composition duty

• If a beverage is a "formulated caffeinated beverage", it must contain between 145 mg/L and 320 mg/L of total caffeine from any source (2.6.4,3(a)). That is a strict compositional duty expressed in absolute concentration terms.

2. Listed substances duty

• A formulated caffeinated beverage may contain a "listed substance" (2.6.4,3(b)), but where a listed substance is present, its quantity and the consumer advisory obligations tied to S28,2 become relevant; the one‑day quantity must be calculated so that it does not result in consumer intake exceeding the permitted amount for each listed substance (2.6.4,5(3)(c), notes and 2.6.4,5(5)-(6)).

3. Prohibition on sale as mixture

• A person selling a food (other than a formulated caffeinated beverage) must not sell a product that is a mixture of a non‑alcoholic beverage and a formulated caffeinated beverage (2.6.4,4). The duty is an affirmative prohibition on offering such mixtures for sale unless the result is itself a formulated caffeinated beverage.

4. Quantitative labelling duty

• Labels must declare average quantity, per serving size and per 100 mL, of caffeine in milligrams and of each listed substance present expressed in the units in Column 2 of the table to S28,2 (2.6.4,5(1)). These are average quantities, which implies an expectation of measurement, averaging methodology and quality assurance to derive the labels' declared figures.

5. Advisory labelling duty

• Labels must carry advisory statements that the food contains caffeine and is not recommended for children; pregnant or lactating women; individuals sensitive to caffeine; and, if applicable, that no more than a one‑day quantity should be consumed per day where a listed substance is present (2.6.4,5(3)(a)-(c)).

6. One‑day quantity calculation duty

• Where the beverage contains one or more listed substances, the manufacturer must determine a one‑day quantity by calculating, for each listed substance, an equivalent amount per the equation in subsection (6) and then selecting the lowest of those equivalent amounts as the one‑day quantity (2.6.4,5(5)-(6)). The terms used in the equation are defined in the subsection (2.6.4,5(6)).

7. Placement and format duty

• Required declarations may be adjacent to or follow the nutrition information panel and may be set out in the format in section S12,5, but they may not be set out inside the nutrition information panel (2.6.4,5(2)(a)-(c)). This constrains label layout and design.

Rights and permissions

1. Right to include listed substances

• The Standard expressly permits formulated caffeinated beverages to contain a listed substance (2.6.4,3(b)). That is an affirmative permission subject to the labelling and intake constraints.

2. Flexibility in declaration placement and format

• The Standard grants a degree of flexibility by allowing the required declarations to be adjacent to or follow the nutrition information panel and to adopt the format in section S12,5 (2.6.4,5(2)(a)-(b)). That gives product packagers some room to integrate the required statements without altering the NIP itself.

3. Choice in expression of one‑day quantity

• The one‑day quantity advisory may be expressed in millilitres or as cans or bottles, as appropriate (2.6.4,5(4)). That allows operators to choose the consumer‑facing metric that best matches typical unit sizes.

4. Treatment as water‑based flavoured drink for other Code items

• The Standard explicitly treats a formulated caffeinated beverage as a water‑based flavoured drink for the purposes of specific other Code items (2.6.4,2, final paragraph). That determines how other parts of the Code apply and can be read as a rights‑style clarity provision that aligns treatment across the Code.

Operational implications of the duties

• Duties require technical measurement capability (to establish mg/L and average quantities per serving and per 100 mL) and labelling control systems to ensure the required advisory wording and placement are present. The one‑day quantity duty introduces a calculation step tied to S28,2 permitted amounts and requires conservative selection (the lowest equivalent amount across listed substances) so multiple actives do not cumulatively exceed allowed daily intake per the table (2.6.4,5(5), note 3). The prohibition on mixtures (2.6.4,4) imposes a limitation on product combinations at point of sale and potentially on custom blending or on‑premise mixing.

Limitations and absent rights

• The Standard does not authorise inclusion of any ingredient beyond the scope of the Code; it does not itself create exemptions from other labelling or safety provisions found elsewhere in the Code (the labelling provisions are referenced to Standard 1.2.1, and the listed substances are referenced to S28,2). The Standard does not set out enforcement penalties in its text.

In sum, duties are prescriptive on composition, prohibition of mixtures, measurement and labelling, while limited rights provide for inclusion of listed substances and modest format flexibility.

The text of Standard 2.6.4, as supplied, establishes substantive compositional and labelling obligations but does not itself articulate specific penalty provisions or an enforcement regime within the body of the Standard. The instrument is identified as a standard under the Food Standards Australia New Zealand Act 1991 and is a component of the Australia New Zealand Food Standards Code (Note 1). It also records the mechanism of making and commencement under section 92 of that Act (instrument header and 2.6.4,1, commencement note). The Standard’s text repeatedly cross‑references other parts of the Code for labelling detail (Standard 1.2.1) and for listed substances and units (S28,2), but does not in the sections presented specify sanctions, infringement notice regimes, administrative penalties or criminal offences.

What the text does state that is relevant to enforcement is limited to jurisdictional and procedural markers:

• The Standard is made by the Board of Food Standards Australia New Zealand and will be published in the Commonwealth Gazette and the New Zealand Gazette under section 92 of the FSANZ Act (instrument header, dates and 2.6.4,1, notes). Those publication steps are procedural prerequisites to the Standard taking effect nationally and in New Zealand, and they are recorded in the instrument.
• The Standard is part of the Code; enforcement and penalties for contravening Code requirements are generally governed by the relevant food regulatory and enforcement framework of the jurisdiction in which the product is sold, and by the penalties available under those jurisdictional laws implementing or giving effect to the Code. The Standard itself does not contain those jurisdictional enforcement provisions.

Consequences for non‑compliance (textual facts)

• The Standard’s substantive requirements are binding Code obligations once the instrument commences. A product that does not comply with the Code provision would be outside the Code’s requirements; however, Standard 2.6.4 does not in itself set fines, penalties or remedial procedures in its text. The Standard does not provide administrative appeal procedures or compliance enforcement detail.

Where enforcement detail would be found (cross‑references)

• The Standard refers to Standard 1.2.1 for labelling provisions (2.6.4,5 and notes). That separate standard contains the labelling regime within the Code; any enforcement mechanisms connected to labelling contraventions are handled under the broader statutory and regulatory enforcement framework that supports the Code. Similarly, the table of listed substances at S28,2 provides permitted amounts and units, but any enforcement or sanction for exceeding those amounts would be applied under the Code’s enforcement machinery and relevant jurisdictional law, not within 2.6.4’s text.

Practical effect

• From a practical perspective within the text supplied, regulated parties must treat the Standard’s obligations as mandatory Code requirements from the commencement date (1 March 2016) and expect compliance and enforcement actions to be pursued via the operational enforcement channels associated with the Australia New Zealand Food Standards Code and the relevant state, territory or national food control authorities. The Standard itself does not elaborate those channels, nor does it create new penalty schedules in this text.

In short, the Standard sets binding obligations but leaves enforcement modalities, penalty amounts and administrative procedures to the broader Code and jurisdictional enforcement frameworks; none of those procedures or sanction amounts appear within the body of 2.6.4 as provided.

Standard 2.6.4 is deliberately concise and references several other parts of the Australia New Zealand Food Standards Code for detailed implementation. Its interactions with other Code provisions and with New Zealand law are explicit in the text supplied.

Relationship to the Australia New Zealand Food Standards Code and FSANZ Act

• The Standard is created under the Food Standards Australia New Zealand Act 1991; it is an instrument in the Code (Note 1) and the process for making and commencement follows section 92 of that Act as recorded in the instrument notices (instrument header and 2.6.4,1). As a Code standard, 2.6.4 should be read in the context of the whole Code; the Standard sets specialized rules for a product class and relies on other Code parts for complementary requirements.

Cross‑references within the Code

• Labelling regime: The Standard repeatedly refers to Standard 1.2.1 for the labelling provisions that govern general label content, manner of declaration and related labelling obligations (2.6.4,5(1) note, 2.6.4,5(3) note). That means the specific declarations and advisory statements required by 2.6.4 are implemented within the framework and enforcement mechanisms of Standard 1.2.1.
• Nutrition format: The format option for the required declarations is drawn from section S12,5 (2.6.4,5(2)(b)). Label designers must consider S12,5 format rules when placing the mandated statements.
• Listed substances: The Standard uses the table at S28,2 to define "listed substance" (2.6.4,2) and to obtain the permitted amounts and units that are central to the one‑day quantity calculation (2.6.4,5(1) and note 3). Any obligation regarding listed substances is therefore operationally dependent on the content of S28,2.
• Product categorisation: The Standard clarifies that a formulated caffeinated beverage is a water based flavoured drink for the purposes of item 14.1.3 of section S15,5, and section S18,10 (2.6.4,2, final paragraph). That classification determines how other Code provisions applicable to water‑based flavoured drinks apply to formulated caffeinated beverages.

Application in New Zealand

• The instrument notes that provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ) (Note 2). That indicates that the Standard’s obligations will form part of the regulatory framework in New Zealand through the mechanisms set out in the Food Act 2014 rather than directly by the FSANZ Act.

Absence of explicit conflict resolution text

• The Standard does not itself include a specific clause resolving conflicts with other laws or Code provisions. Instead, its references imply that where other Code provisions apply, those provisions and their processes should be relied upon (for example, the labelling framework in Standard 1.2.1).

Practical interaction points

• For labelling compliance and enforcement, parties will have to reconcile 2.6.4’s specific requirements with the general labelling rules in Standard 1.2.1 and the format rules in S12,5. For compositional constraints on listed substances, manufacturers must consult S28,2 to determine permitted amounts and units and then apply the calculation methodology in 2.6.4,5(6). For classification and related regulatory treatment, the identification of formulated caffeinated beverages as water based flavoured drinks for specific Code items will affect applicability of other Code conditions (2.6.4,2).

Limitations and scope

• The Standard’s text does not purport to override national food safety legislation or to preclude application of public health, consumer protection or product safety laws in the jurisdictions where products are sold. It provides a Code‑level specification that interacts with the rest of the Code by cross‑reference and with New Zealand law by incorporation under the Food Act 2014 where applicable (Note 2).

In summary, 2.6.4 is an integrated piece of the Code that relies on Standard 1.2.1 for label mechanics, S12,5 for format, S28,2 for listed substances and applicable parts of the Code for classification, and is brought into New Zealand through the Food Act 2014. It does not, in the text provided, create standalone enforcement provisions or displace other applicable law.

The instrument’s textual record supplied here contains the following dated actions and commencement details; no subsequent amendments are recorded within the supplied text.

• Making and date: The Board of Food Standards Australia New Zealand gives notice of the making of this standard, dated 25 March 2015, with the Standards Management Officer named as the Delegate of the Board (instrument header). The notice states the standard will be published in the Commonwealth of Australia Gazette No. FSC 96 on 10 April 2015 (instrument header, note).

• Commencement: The Standard commences on 1 March 2016, which is 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 (2.6.4,1, Commencement note).

• Statutory basis: The instrument is made under section 92 of the Food Standards Australia New Zealand Act 1991, and the commencement and Gazette publication are noted in the prefatory material to the Standard (instrument header and 2.6.4,1 notes).

• Incorporation into the Code: The Standard is identified as "Australia New Zealand Food Standards Code - Standard 2.6.4 - Formulated caffeinated beverages." It becomes part of the Code as of the commencement date (2.6.4,1).

• New Zealand incorporation: The instrument includes a note that Code provisions that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ) (Note 2).

No textual amendments, repeal provisions, transitional arrangements or later amendment dates are contained in the supplied text. The Standard’s own notes and cross‑references indicate that its labelling requirements should be read alongside Standard 1.2.1 and other Code provisions, but no post‑making changes or modification history are recorded in this document.

If a reader requires amendment chronology beyond the making and commencement dates recorded here, that history would need to be checked against the consolidated Code or the Gazette notices and amendments administered by FSANZ and the relevant Commonwealth and state/territory or New Zealand registers; none of that further amendment history is present in the text supplied.

The text of Standard 2.6.4 provided here contains no judicial decisions, case citations or litigation history. It names no cases, reports no challenges, and contains no references to litigation or judicial interpretation. The instrument records only the making and commencement details by the Board of Food Standards Australia New Zealand and the Standard’s text and notes.

Because the Standard is a Code provision made under the Food Standards Australia New Zealand Act 1991, disputes about its interpretation or application could, in principle, give rise to legal proceedings in the jurisdictions where the Code applies; however, no such proceedings, court decisions or administrative determinations are included in the supplied instrument. The Standard’s own provisions are prescriptive; any contested interpretation or enforcement action would be resolved within the relevant jurisdictional legal framework or administrative process, but the instrument itself contains no litigation record.

For practitioners seeking to know whether any judicial or administrative rulings have interpreted 2.6.4, or whether there is case law concerning its application (for example, on the interpretation of "purpose of enhancing mental performance", or on the calculation of the one‑day quantity), the required source documents and decisions are not present in this text. Such a search would need to be conducted against court and tribunal databases or FSANZ records; none of that material is contained in the Standard as provided.

Therefore the litigation history section is: absent from the supplied text. No cases or judicial commentary are cited or provided.

The Standard contains specific drafting features and cross‑references that create several practical pitfalls and compliance traps for manufacturers, importers, sellers and labellers. The following are concrete, source‑rooted "gotchas" drawn from the Standard’s text.

1. Product classification turns on "purpose"

• The definition of "formulated caffeinated beverage" requires the beverage to have "the purpose of enhancing mental performance" in addition to containing caffeine and being flavoured and non‑alcoholic (2.6.4,2). That introduces a purposive element: labelling, marketing copy, product claims or intended use could determine whether a product falls within the Standard. Statements or promotional claims that signal that mental performance is intended could bring a product within the Standard’s obligations, including the caffeine concentration band and labelling duties.

2. Minimum caffeine threshold is binding

• The Standard requires that a formulated caffeinated beverage must contain no less than 145 mg/L of caffeine (2.6.4,3(a)). That means a product marketed as a formulated caffeinated beverage but containing less than 145 mg/L would not meet the Standard’s definition and could fall outside the permitted category while still potentially being subject to other Code rules. Producers must therefore check that their formulations meet the minimum as well as the maximum limit.

3. Upper caffeine limit is tight

• The upper bound of 320 mg/L constrains formulations and the use of caffeine from any source (2.6.4,3(a)). Mixed ingredient formulations where caffeine derives from multiple sources must aggregate all sources to ensure the total does not exceed 320 mg/L.

4. Mixture prohibition affects on‑premise or combined products

• Paragraph 2.6.4,4 bans selling a food (other than a formulated caffeinated beverage) that is a mixture of a non‑alcoholic beverage and a formulated caffeinated beverage. That prohibits certain product offerings where two beverages are combined for sale unless the outcome itself meets the defined product class. On‑site mixing or mixing at the point of sale could therefore be problematic.

5. Listed substances bring extra obligations and interactions with S28,2

• If the beverage contains a "listed substance" (as defined by Column 1 of S28,2), the label must declare quantities of those substances in the units specified in Column 2 of S28,2 and display an advisory that no more than a one‑day quantity should be consumed per day (2.6.4,5(1), 2.6.4,5(3)(c)). The one‑day quantity cannot exceed the amounts in S28,2 (Note 3 to 2.6.4,5), and its calculation follows the equation in 2.6.4,5(6). Failure to reconcile the product concentration with S28,2 and to calculate the one‑day quantity correctly will produce non‑compliant labels.

6. Declarations may not be inside the Nutrition Information Panel (NIP)

• Required declarations "may not be set out in the nutrition information panel" but may be adjacent to or follow it; the Standard permits use of the format in S12,5 (2.6.4,5(2)(a)-(c)). Designers who place the required statements inside the NIP will breach the placement rule even if the information is present.

7. Averaging and measurement obligations

• The label must state the "average quantity, per serving size and per 100 mL" for caffeine and listed substances (2.6.4,5(1)). That presumes a producer has procedures to determine average quantities across production batches and serving sizes; inadequate sampling, averaging methodology or lab testing could result in inaccurate declarations.

8. One‑day quantity selection is the lowest equivalent amount

• When multiple listed substances are present, the Standard requires calculating an equivalent amount separately for each listed substance using the equation in subsection (6) and then selecting the lowest of those equivalent amounts as the one‑day quantity (2.6.4,5(5)). This is a conservative rule: the presence of multiple listed substances will commonly reduce the one‑day quantity to the smallest limiting factor. Failure to carry out the multi‑substance calculation and to pick the lowest value will produce a non‑compliant advisory.

9. Units and permitted amounts are external to the Standard

• The permitted amounts and the units against which labels must express listed substances are in the table to S28,2 (2.6.4,2; 2.6.4,5(1) and note 3). Compliance therefore requires consulting S28,2. If S28,2 is changed or interpreted differently, labels and formulations may need to change accordingly.

10. Cross‑jurisdictional incorporation

• The Standard notes that the Code provisions applying in New Zealand are incorporated or adopted under the Food Act 2014 (NZ) (Note 2). Practitioners operating in both Australia and New Zealand must ensure compliance with both the Code and any local implementing rules or enforcement practices in New Zealand; the Standard does not itself set out local enforcement mechanics.

11. No enforcement or penalty detail in the Standard text

• The absence of penalty and enforcement detail within 2.6.4 means parties must identify applicable sanctions and enforcement pathways elsewhere. That absence can create uncertainty about remedial measures and timeframes if non‑compliance is alleged.

12. Express permission to include listed substances but with limits

• The Standard allows listed substances to be present (2.6.4,3(b)), but the presence of those substances brings the conservative one‑day quantity rule and the requirement to ensure labelled one‑day quantities do not permit consumption exceeding S28,2 amounts. This permission is conditional and operationally demanding.

Each "gotcha" stems directly from the Standard’s text and cross‑references. Practitioners should map product formulation, claims, labelling artwork, serving sizes and batch testing protocols to the Standard’s requirements as a matter of routine compliance.

This section gives a step‑by‑step, source‑grounded compliance roadmap based solely on the Standard’s text and its cross‑references. It focuses on the concrete actions required by the Standard and where to look for cross‑referenced detail.

1. Determine product classification

• Review all product attributes and marketing claims. A product falls within the Standard if it is a flavoured, non‑alcoholic, water‑based beverage that contains caffeine and has the purpose of enhancing mental performance (2.6.4,2). If the product meets that definition, proceed with the following steps.

2. Measure and document total caffeine concentration

• Test the finished product to determine total caffeine content in mg per litre, aggregating caffeine from all sources (2.6.4,3(a)). Ensure documented batch analysis shows the product contains no less than 145 mg/L and no more than 320 mg/L. Maintain testing records to substantiate the "average quantity" and compositional claims required by labelling.

3. Identify any listed substances and consult S28,2

• Check the product for any "listed substance" (as defined by Column 1 of the table to S28,2) (2.6.4,2). For each listed substance present, consult S28,2 to identify the "permitted amount" and the required units in Column 2; these values feed into the one‑day quantity calculation and labelling units (2.6.4,5(1) and notes).

4. Calculate average quantities for label declarations

• Determine average quantities of caffeine and any listed substances per serving size and per 100 mL for labelling purposes (2.6.4,5(1)). The label must display average quantity per serving and per 100 mL of caffeine in milligrams and of listed substances in the units set out in S28,2.

5. Calculate the one‑day quantity where listed substances are present

• For each listed substance present, apply the equation specified in subsection (6) of 2.6.4,5 to calculate the equivalent amount; the subsection defines the variables "permitted amount" (from S28,2) and "concentration" (in mg/L) (2.6.4,5(5)-(6)). Then select the lowest of the equivalent amounts as the product’s one‑day quantity (2.6.4,5(5)). The one‑day quantity must be expressed in a consumer‑facing metric , mL or as cans or bottles , as allowed by subsection (4) (2.6.4,5(4)). Ensure the label advisory states that no more than the one‑day quantity should be consumed per day (2.6.4,5(3)(c)).

6. Prepare and place required advisory statements

• Include on the label the required advisory statements that:
  • the food contains caffeine (2.6.4,5(3)(a));
  • the food is not recommended for: children; pregnant or lactating women; individuals sensitive to caffeine (2.6.4,5(3)(b)(i-iii));
  • where a listed substance is present, that no more than a one‑day quantity should be consumed per day, with the one‑day quantity identified (2.6.4,5(3)(c) and notes).

7. Label placement and format

• Place the required declarations adjacent to or following the nutrition information panel; do not include them inside the nutrition information panel (2.6.4,5(2)(a)-(c)). You may set the declarations in the format specified in section S12,5 (2.6.4,5(2)(b)). Coordinate with packaging designers to ensure layout complies with this placement restriction.

8. Serving size and unit consistency

• Ensure the declared "per serving size" metrics correspond to the serving size used in the product’s nutrition information and are consistent with per 100 mL declarations. For one‑day quantity expressions, choose mL or can/bottle units that align with typical consumer units as allowed by subsection (4) (2.6.4,5(4)).

9. Record‑keeping and quality assurance

• Maintain batch testing records for caffeine and any listed substances that support the "average quantity" declarations per serving and per 100 mL. Archive calculation sheets for the one‑day quantity showing application of the equation in 2.6.4,5(6) and the selection of the lowest equivalent amount (2.6.4,5(5)-(6)).

10. Avoid prohibited mixtures

• If selling blended products, ensure that a product for sale that combines a non‑alcoholic beverage and a formulated caffeinated beverage is itself a formulated caffeinated beverage under the definition, otherwise do not sell such mixtures (2.6.4,4). Review on‑premise mixing practices and point‑of‑sale offerings accordingly.

11. Cross‑reference Code provisions where required

• For labelling implementation and any labelling exemptions (for example, products not required to bear a label), consult Standard 1.2.1 as referenced in 2.6.4,5 and the notes (2.6.4,5 notes). For the format option, consult S12,5. For listed substance permitted amounts and units consult S28,2 (2.6.4,5(1), notes).

12. Jurisdictional considerations

• Where selling in New Zealand, confirm the Code’s adoption or incorporation under the Food Act 2014 (NZ) applies as the instrument notes (Note 2). Ensure compliance with any local implementing rules or administrative requirements in New Zealand that operationalise the Code provisions.

13. Pre‑market review and label proofing

• Before placing product on market, review labelling with legal/compliance advisors to ensure the advisory wording, average quantity declarations, one‑day quantity calculations, unit expression, and placement all conform to 2.6.4 and the cross‑referenced Code provisions.

14. Monitor Code updates

• Because 2.6.4 relies on S28,2, S12,5 and Standard 1.2.1 for key details (units, format, labelling mechanics), implement a regulatory monitoring process to capture amendments to those sections that could trigger label or formulation changes affecting compliance.

Checklist summary (minimum compliance items)

• Product meets definition and composition band (145-320 mg/L) (2.6.4,2 and 2.6.4,3(a)).
• Identify listed substances and consult S28,2 (2.6.4,2; 2.6.4,5(1) and notes).
• Declare average quantities per serving and per 100 mL for caffeine and listed substances (2.6.4,5(1)).
• Include required advisory statements including one‑day quantity where applicable (2.6.4,5(3)).
• Calculate one‑day quantity according to 2.6.4,5(6) and choose lowest equivalent amount across listed substances (2.6.4,5(5)-(6)).
• Place declarations adjacent to or following the NIP and not within it; apply S12,5 format if chosen (2.6.4,5(2)).
• Do not sell prohibited mixtures unless the product itself meets the formulated caffeinated beverage definition (2.6.4,4).

Following these steps aligns product formulation, labelling and point‑of‑sale practices with the Standard as set out in 2.6.4 and with the cross‑referenced Code provisions cited in the Standard.