Food Standards (Proposal P1059 – Energy labelling on alcoholic beverages) Variation

The instrument introduces several key definitions and concepts that determine the scope and operation of the new labelling regime. "Prescribed beverage" is the central trigger. It has two limbs: (a) a "standardised alcoholic beverage", which is a term used in the Code for categories such as beer, wine, spirits, and liqueurs that are defined by specific composition and production standards; and (b) a beverage containing no less than 0.5% alcohol by volume. This second limb captures any ready-to-drink alcoholic beverage, flavoured alcoholic seltzers, hard ciders, and similar products that may not fall precisely under a standardised category. The threshold of 0.5% ABV is consistent with the existing standard drinks labelling requirement in section 2.7.1-4. The effect is that nearly all alcoholic beverages sold in retail packaging will be prescribed beverages, except for cooking wines or alcohol-free products below 0.5% ABV, which are already regulated under other parts of the Code. The "energy statement" is a new mandatory declaration that must appear on the label of every prescribed beverage unless an exception applies. The exceptions are: products with a mandatory nutrition information panel under Standard 1.2.8 (primarily foods that make a nutrition claim or are formulated meal replacements, but also some other categories); products that voluntarily include a nutrition information panel in accordance with new section 2.7.1-4E (applicable only to foods above 1.15% alcohol by volume that are not required to have a panel); and products in a "small package". A small package is defined as having a surface area of less than 100 cm2. Importantly, this is not a volume-based exemption; a 50 mL spirits bottle may have a surface area greater than 100 cm2 depending on its shape, so many miniature bottles will still need the energy statement. "Average energy content" is defined by reference to section S11-2 of the Code, which sets out the method for calculating the average energy content of food based on compositional analysis or standard food composition tables. The "serving" is defined as an amount constituting one normal serving when prepared according to manufacturer's directions or when the food requires no further preparation. For alcoholic beverages, this is ambiguous: the Code elsewhere defines a standard drink as containing 10 grams of alcohol, but the "normal serving" for energy labelling purposes is not necessarily the same as a standard drink. The energy statement must declare the number of servings per package and the serving size in millilitres, alongside the number of standard drinks per serving. The "approximate number of standard drinks" must be accurate to the first decimal place. The format of the energy statement is prescribed in a table with specific rows and columns. The mandatory information includes the heading "ENERGY INFORMATION", "Servings per package: (insert number of servings)", "Serving size: mL ([insert number] standard drinks)", and a table with columns for "Quantity per serving" and "Quantity per 100 mL" with the energy row showing kJ and optionally kcal. The instrument also permits voluntary inclusion of "percentage daily intake" information, calculated using 8700 kJ as the reference value for an average adult diet, with a mandatory statement to that effect. This is optional but if used, the format expands to include an extra column for "% Daily intake* (per serving)". Another important concept is the express statement that displaying the required energy statement does not constitute a nutrition content claim. This prevents the energy statement from triggering the strict requirements of Standard 1.2.7, which regulates claims about energy content (e.g., "low energy", "reduced energy"). The same protection applies if a layer of packaging that is not required to display the energy statement (such as a multipack outer) voluntarily includes it. Finally, the transition period concept: the instrument commences on the date of gazettal (13 August 2025), but for 36 months after that, a product may comply with either the Code as it stood before the variation or the Code as amended. After that period, any product packaged and labelled before the end of the transition period may still be sold under either regime. This is a critical nuance: new labels produced after 13 August 2028 must comply with the new requirements, but old stock sitting in warehouses or retail shelves can continue to be sold. This reduces waste but adds complexity for enforcement.

The primary group affected are Australian and New Zealand manufacturers, importers, and packers of alcoholic beverages. This includes breweries, wineries, distilleries, and producers of ready-to-drink alcoholic products, as well as contract packers who label products for multiple brands. The obligation to include an energy statement rests on the party responsible for placing the product for sale on the Australian or New Zealand market, which under the Code is typically the manufacturer, importer, or vendor who is the "proprietor" of the food business. For imported products, the importer is responsible for ensuring the label complies. The scope is broad: any beverage with an alcohol content of 0.5% or more, including beer, wine, cider, spirits, liqueurs, pre-mixed cocktails, alcoholic seltzers, and fortified wines, is a prescribed beverage. Exceptions narrow this. Products that already bear a mandatory nutrition information panel are exempt; in practice, this mainly covers products that also make a nutrition content claim or are a formulated meal replacement, plus some breakfast cereals and other foods that are not beverages. For alcoholic beverages, mandatory NIPs are rare unless the product contains an added nutrient. So most alcoholic beverages will need the energy statement. Products with a voluntary nutrition information panel under new section 2.7.1-4E are also exempt from the energy statement, but that voluntary panel is an alternative route and requires more detailed nutrient information (energy, protein, fat, carbohydrate, sugars, sodium) set out in a standard NIP format. This option is only available for foods with more than 1.15% alcohol by volume, which in practice means spirits and liqueurs, and it may be simpler to include the energy statement than a full NIP. The small package exemption benefits producers of very small containers such as 50 mL spirits miniatures or single-serve wine samples (200 mL or less, depending on shape). However, many craft breweries selling 375 mL cans may find their surface area exceeds 100 cm2, so the exemption likely only applies to airline-style bottles and very small sachets. Retailers and hospitality venues are indirectly affected: they must not sell products that are non-compliant, but they are not responsible for label design. However, if a retailer re-labels (e.g., a house brand) they become responsible. Compliance costs fall hardest on small and medium producers who do not already have energy data for their products. Calculating average energy content requires either laboratory analysis or use of standard food composition tables, both of which add cost. For a small winery producing multiple vintage products annually, the cost may recur. The instrument does not specify a particular method for determining average energy content, but section S11-2 provides a framework that requires the calculation to be based on the composition of the food. This may require producers to obtain certified analytical data. The 36-month transition period provides time to plan, but label redesign is a discrete cost: artwork changes, printing of new labels, and disposal of old labels. For high-volume brands with constant turnover, the cost may be manageable; for microbreweries with small batch runs, it may be proportionally high. The optional inclusion of percentage daily intake information adds another element of design choice but also complexity. The instrument does not impose any ongoing record-keeping requirements specifically for the energy statement, but producers should retain evidence of the basis for their calculations to defend against enforcement inquiries.

The central duty imposed by the variation is the obligation under new section 2.7.1-4A for a prescribed beverage to display an energy statement on its label, unless an exception applies. This duty is part of the "labelling provisions" set out in Standard 1.2.1, meaning it is a requirement of the Code that must be satisfied before the product can be sold. The specific content duties are detailed in section 2.7.1-4B: the statement must contain the number of servings per package; the average quantity per serving in mL; the average energy content per serving and per 100 mL in kJ (and optionally kcal), expressed to no more than 3 significant figures; and the approximate number of standard drinks per serving, accurate to the first decimal place. There is also a duty to use the prescribed table format set out in the instrument. Deviating from that format, such as putting the information in a different layout or using a different font size, may result in non-compliance, because the formatting is part of the requirement. The duty is to set out the statement "unless this Code provides otherwise" - there is no alternative format permitted unless another section explicitly allows it. The energy statement must not appear within an existing standard drinks statement (required by section 2.7.1-4) nor within a nutrition information panel. This is a placement restriction designed to avoid duplication and confusion. It means producers must find separate label real estate for the energy statement. The duty of accuracy lies with the person who places the product on the market. The energy content must be the "average energy content", meaning representative of the product as sold, not a single batch. The number of standard drinks must be accurate to the first decimal. Producers have the right, but not the duty, to include percentage daily intake information (section 2.7.1-4D). If they choose to do so, they must include the calculated percentage per serving based on 8700 kJ and either of two prescribed statements about the basis of the calculation. This right may be attractive for products marketed as lower energy, but it adds another line to the label. Producers also have a right under new section 2.7.1-4E to include a voluntary nutrition information panel on foods containing more than 1.15% alcohol by volume that are not required to have a mandatory NIP. This is a permissive right: if exercised, the panel must contain the same information as a mandatory NIP under Standard 1.2.8 (energy, protein, fat, carbohydrate, sugars, sodium) plus the standard drinks per serving under section 2.7.1-4F, and must follow the standard NIP format in section S12-2. For spirits above 40% ABV, the voluntary NIP would show very low or zero levels for many nutrients, so it may be less useful than a simple energy statement. The right to include the energy statement on a layer of packaging that does not require it (such as a multipack outer) is protected from being treated as a nutrition content claim. This is a significant concession: normally including energy information could trigger a claim under Standard 1.2.7, but the instrument overrides that. However, this protection only applies to the exact energy statement required by section 2.7.1-4A; other energy claims (e.g., "low energy") would still be regulated. Producers also have the right to rely on the transition period and the post-transition sale of old stock. The instrument does not require re-labelling of products already packaged before the end of the transition period, so existing stock can be sold through naturally. This right is subject to the product being "packaged and labelled before the end of the transition period", meaning the label itself must have been applied before 13 August 2028. If a producer runs out of old labels after that date, they must print new compliant ones. There is no duty to notify FSANZ or any authority about compliance.

The Food Standards Australia New Zealand Act 1991 provides the legal framework for the Code, but enforcement of labelling requirements is carried out by state and territory food enforcement agencies in Australia and by the Ministry for Primary Industries in New Zealand. The Code itself does not set penalties; rather, each jurisdiction's food legislation (e.g., Food Act 2001 in NSW, Food Act 2006 in Queensland) makes it an offence to sell food that does not comply with the Code. Penalties vary by jurisdiction but commonly include fines of up to several thousand dollars for individuals and significantly higher for corporations, plus potential infringement notices (on-the-spot fines) for minor breaches. In serious cases of ongoing non-compliance, enforcement agencies may issue recalls or prohibition orders. The key enforcement question under this variation is the accuracy of energy content declarations and the correct format of the energy statement. Misleading declarations could also attract liability under the Australian Consumer Law (Competition and Consumer Act 2010) for false or misleading representations, which carries penalties of up to $50 million for corporations and other amounts for individuals. The instrument does not require third-party verification of energy content, but an enforcement agency could request evidence of the basis for the declared average energy content. If a producer cannot demonstrate that the value is calculated or tested in accordance with section S11-2, they may be deemed non-compliant. The 3-significant-figure rule also allows limited rounding; e.g., 16.34 kJ may need to be expressed as 16.3 kJ or 16 kJ depending on the value. The accuracy of the standard drinks per serving is particularly important because it is required to the first decimal place, and existing mandatory standard drinks labelling (section 2.7.1-4) only requires an approximate number with no specified decimal precision. This new requirement is stricter. For a product with a serving size of 150 mL and an alcohol content of 5% ABV, the standard drinks calculation would be (150 * 0.05 * 0.789) / 10 = 0.59175, which must be stated as 0.6 (first decimal). Rounding errors could result in a technical breach, though in practice enforcement is typically risk-based and reasonable rounding is accepted. The transition period complicates enforcement: during the first 36 months, a product may comply with either the old or new Code. An inspector would need to determine whether the product was labelled before the end of the transition period to know which regime applies. This creates ambiguity and potential for disputes if a product is sold after the transition period without the energy statement but was labelled before 13 August 2028. The burden of proof will likely rest on the seller to demonstrate the labelling date. There is no prescribed format for proving date of labelling; internal batch codes or invoices from printers may be used. The instrument does not provide for any specific enforcement discretion or defence beyond the transition provisions. For lawyers advising clients, it is crucial to document the date each batch of labels was printed and applied. Retailers should be cautious about accepting stock from suppliers after mid-2028 without evidence of compliance.

This variation operates within the existing architecture of the Food Standards Code. It is not a standalone Act but an amendment to parts of the Code. Its interaction with other provisions is explicitly addressed in several places. The most important interaction is with Standard 1.2.7 (Nutrition content claims). New section 1.1.2-9(5) provides that the display of a required energy statement does not constitute a nutrition content claim. This prevents the energy statement from being caught by the strict rules that apply to claims about energy content, such as the requirement that a product making an energy content claim must meet specific thresholds (e.g., for "low energy" or "reduced energy"). Without this provision, simply printing "Energy: 200 kJ per serving" might be interpreted as a claim under Standard 1.2.7, triggering additional labelling requirements. The provision also covers voluntarily displaying the energy statement on a layer of packaging that does not require it. This is a welcome clarification that reduces the risk of inadvertent claim navigation. However, it does not protect other energy-related statements; a producer who writes "low energy" on the label would still be subject to Standard 1.2.7. The variation also interacts with Standard 1.2.8 (Nutrition information panels). A prescribed beverage that is required to have a mandatory nutrition information panel under Standard 1.2.8 is exempt from the energy statement. This avoids duplication. Standard 1.2.8 requires a NIP for certain foods, including those that have made a nutrition or health claim, foods for special medical purposes, and formulated meal replacements. Most plain alcoholic beverages do not have mandatory NIPs, but some fortified wines or pre-mixed products with added nutrients might trigger the requirement. The instrument also creates a new voluntary NIP option under section 2.7.1-4E for foods above 1.15% alcohol by volume. This option must comply with Standard 1.2.8's content requirements (except for certain listed paragraphs) and the standard format in section S12-2. It also must include the standard drinks per serving under new section 2.7.1-4F. If a producer opts for this voluntary NIP, the product is exempt from the energy statement. This interaction provides an alternative route: a spirits brand could either include the simple energy statement or a full NIP. The choice has practical implications for label real estate and consumer perception. Another interaction is with the existing standard drinks labelling in section 2.7.1-4. That section requires the label of any beverage containing more than 0.5% alcohol by volume to state the approximate number of standard drinks in the package (the entire container). The new energy statement requires the number of standard drinks per serving, not per package. Producers must now include both: the standard drinks for the entire container (under section 2.7.1-4) and the standard drinks per serving (in the energy statement). These figures will differ if there are multiple servings per package. The energy statement must include the number of servings per package, so the consumer must multiply to get the total standard drinks, but the total is still required separately. This duplication could cause confusion but is explicitly required. There is also a restriction that the energy statement must not appear within the standard drinks statement (subsection 2.7.1-4(1A)), so they must be separate label elements. The variation also interacts with trade measurement laws. The energy statement requires the serving size in millilitres, which must be accurate for trade purposes. However, the Code does not impose measurement precision requirements similar to the National Measurement Institute's rules; the "average quantity" concept under section S11-2 likely allows customary tolerances. The voluntary percentage daily intake information interacts with Standard 1.2.7 as well, but the instrument provides its own basis (8700 kJ) and the mandatory accompanying statement, so no separate claim is being made. In New Zealand, the Code is adopted under the Food Act 2014, and similar enforcement mechanisms apply.

This instrument is the first and only amendment introducing energy labelling on alcoholic beverages. It was made by the Board of Food Standards Australia New Zealand on 30 July 2025, with the delegate signing the variation. It was gazetted on 13 August 2025 (Gazette No. FSC 180). The variation itself amends multiple standards: Standard 1.1.2 (new subsections (5) and (6) to section 1.1.2-9), Standard 1.2.1 (paragraph 1.2.1-8(1)(z) repealed and substituted to include a reference to the energy statement), and Standard 2.7.1 (several amendments including new definitions, a note, new sections 2.7.1-4A to 2.7.1-4F). The instrument does not amend any other standards directly. It was preceded by Proposal P1059, which was publicly consulted by FSANZ. The source does not provide details of the proposal process, but it is reasonable to assume that industry submissions were considered. There is no amendment history for this specific instrument beyond its own enactment. It does not repeal previous energy labelling rules because none existed for alcoholic beverages. The transition period of 36 months is significant: it is longer than the standard 24-month transition often provided for major changes, suggesting awareness of the need for label redesign and stock rotation. The variation does not include any provision for future automatic review or sunsetting, so the requirements will remain indefinitely unless further amended. The instrument also includes a clause that section 1.1.1-9 of Standard 1.1.1 does not apply. Section 1.1.1-9 is a standard provision that allows certain variations to be self-amending or to have transitional provisions applied automatically. By excluding it, FSANZ has chosen to set specific transition rules in clause 4 of the variation itself. This indicates careful drafting to ensure the transition period operates as intended and is not overridden by general Code provisions. For practitioners, this means the transitional arrangements are the only ones that apply; no other general transition rules from Standard 1.1.1 come into play. The instrument does not amend Standard 1.2.7 (Nutrition content claims) directly, but the new section 1.1.2-9(5) and (6) effectively carve out the energy statement from the definition of nutrition content claim. This is an indirect amendment to the operation of Standard 1.2.7, but the text of Standard 1.2.7 itself is not changed. Similarly, Standard 1.2.8 is not amended, but its interaction is noted in the exceptions for voluntary and mandatory NIPs.

There is no litigation history recorded in the source. The instrument was made in July 2025 and gazetted in August 2025, and the deep dive is written from a forward-looking perspective. No court or tribunal decisions have yet interpreted the new provisions. It is possible that future litigation may arise from enforcement actions concerning alleged non-compliance, or from competitor challenges about misleading energy content declarations. The accuracy standard for average energy content (based on section S11-2) could be a source of dispute if a product's declared energy is later found to deviate substantially from the actual average. The Code's definition of "average" allows some tolerance, but the instrument does not specify acceptable deviation margins. Section S11-2 sets out a method for calculating average energy content using Atwater factors or specific energy factors, but if a producer uses food composition tables instead of lab analysis, the actual energy content of a specific batch may differ. This could lead to legal arguments about whether the declaration was "average" and whether the producer used the correct method. The exemption for small packages (surface area less than 100 cm2) could also be litigated over what counts as surface area. The instrument does not define how to calculate surface area for an irregularly shaped bottle. Should it include the bottom, neck, and concave areas? The general practice under the Code for similar definitions (e.g., surface area for NIP exemptions) typically considers the labelable area, but the definition here is "package with a surface area", which likely means the entire package surface. This ambiguity could be exploited in enforcement. The protection from nutrition content claim status (section 1.1.2-9(5)) may also be tested if a label includes the energy statement alongside other energy claims. The courts would need to decide whether the combination constitutes a nutrition content claim despite the express exclusion. Another area for potential litigation is the interaction with standard drinks labelling. The source text for the instrument (section 2.7.1-3B) does not exist, but the new energy statement requires standard drinks per serving, while the existing requirement (section 2.7.1-4) requires standard drinks per package. If a product has one serving per package, the numbers must match. If they do not, there may be a regulatory conflict. The instrument resolves this by allowing optional inclusion of standard drinks per serving in the NIP only if they match the standard drinks statement. In litigation, a court may need to interpret whether a mismatch is permissible or a breach of both provisions. To date, no cases have been recorded. The instrument is so new that there is no judicial gloss on any of its terms. Lawyers should monitor the first enforcement actions, which often set precedents for interpretation, especially regarding the calculation of surface area for small packages and the acceptance of food composition tables for energy content.

Several traps in this variation could catch unwary producers or advisors. The most important is the small package exemption threshold. It is based on surface area of less than 100 cm2, not on volume or weight. A standard 375 mL beer can has a surface area of roughly 270 cm2 (2πr² + 2πr*h for a typical 66mm diameter, 160mm height), far above 100 cm2. Even a 200 mL stubby bottle may exceed 100 cm2. The exemption likely only applies to very small containers such as 30 mL nips or 50 mL miniatures with low height and narrow diameter. Producers should physically measure or calculate the surface area of their smallest package; a mistake could mean a product sold without an energy statement is non-compliant. The definition of "serving" is another trap. It 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". For alcoholic beverages that do not require preparation, the "normal serving" is industry-defined but not legally fixed. A 750 mL wine bottle might be labelled as having 4.7 servings of 160 mL each, or 6 servings of 125 mL. The producer chooses the serving size, but it must be realistic. If the serving size is unrealistically small (e.g., 30 mL for a spirit that is typically consumed in 44 mL shots), the energy statement would understate the energy per typical serving, potentially misleadingly. The number of standard drinks per serving must also be accurate to the first decimal, which may force rounding that does not align with the declared serving size. For example, if a beverage has 0.95 standard drinks per serving, rounding to 1.0 may overstate; rounding to 0.9 must be justified as accurate. The energy statement must not appear within the standard drinks statement or the NIP. This placement restriction means the energy statement must occupy separate label space. For products with limited label real estate (e.g., 330 mL bottles with standard warnings and mandatory information), adding a table may require resizing fonts or rethinking label design. The instrument does not set a minimum font size for the energy statement, so the general legibility requirements of the Code apply (Standard 1.2.1 requires all mandatory information to be legible, but no specific point size). However, the prescribed table format includes font size of 9pt in the example table. The instrument's example shows "font-size:9pt" in the HTML markup of the table. While the instrument does not mandate a specific font size in the text, the format is prescribed and that table uses 9pt. Producers who use smaller font risk being deemed non-compliant with the prescribed format. The voluntary percentage daily intake option is also tricky: if a producer includes it, they must also include a statement saying either "based on an average adult diet of 8700 kJ" or "Percentage daily intakes are based on an average adult diet of 8700 kJ". This statement takes up additional space. The reference value of 8700 kJ may not be appropriate for all demographics, but alternative values are not permitted. The transition period applies only to products sold during that period. After 13 August 2028, only products that were packaged and labelled before that date can be sold under the old regime. This means a producer cannot simply print new old-style labels after that date and sell them; the label must have been applied before the end of the transition. This date-based rule could cause problems for long-shelf-life products (e.g., spirits) that may sit in distribution for years. If a distillery bottles and labels a 10-year-old whisky in 2027, it can be sold in 2032 under the old rule. But if it bottles the same whisky in 2029, it must comply even though the product is identical. The burden of proof for the labelling date lies with the seller, and there is no prescribed record-keeping requirement. A good practice is to maintain printed records of label orders and production dates. Another subtle gotcha: the voluntary nutrition information panel under section 2.7.1-4E is only available for foods containing more than 1.15% alcohol by volume. This threshold is different from the 0.5% threshold for prescribed beverages. Products between 0.5% and 1.15% ABV (e.g., some low-alcohol beers) cannot use the voluntary NIP option, so they must either have a mandatory NIP (unlikely) or include the energy statement. This narrow band may catch some products.

To comply with the new energy labelling requirement, a producer of an alcoholic beverage should follow a systematic process. First, determine whether the product is a "prescribed beverage". If it is a standardised alcoholic beverage (e.g., beer, wine, spirits) or contains at least 0.5% alcohol by volume, it is caught. If it falls into either category, proceed to assess the exceptions. Check if the product is required to have a mandatory nutrition information panel under Standard 1.2.8. Most alcoholic beverages are not, but if the product makes a nutrition or health claim (e.g., "low energy", "contains omega-3"), a mandatory NIP is triggered, and then no energy statement is needed. Also check if the product is in a "small package" with a surface area of less than 100 cm2. Calculate the surface area: for a cylinder, surface area = 2 × π × radius × (height + radius). For irregular shapes, approximation or sealing surface area measurement may be needed. If exempt, no energy statement is required, but the producer may voluntarily include one if desired. If not exempt, the producer must design and include an energy statement. Obtain the average energy content of the beverage. This may require sending a sample to a laboratory for analysis to determine the energy from alcohol, carbohydrate, protein, fat, and other components, or using standard food composition tables if available for the product type. The calculation must follow section S11-2, which essentially applies the Atwater factors: 29 kJ/g for alcohol, 17 kJ/g for protein, 37 kJ/g for fat, 16 kJ/g for carbohydrate (including sugars), and others as specified. For alcoholic beverages, the majority of energy typically comes from alcohol and carbohydrates. Determine the serving size in millilitres. This is a producer decision but should reflect a realistic normal serving. Common servings: 100 mL for wine (but a 150mL serve is also common in restaurants), 330 mL for a can of beer, 30 mL for spirit. The serving size must be consistent with the number of servings per package: if the package is 750 mL and serving is 150 mL, then servings per package is 5. Calculate the number of standard drinks per serving: standard drinks = (serving size in mL × ABV% / 100 × 0.789) / 10. For example, a 150 mL serving of wine at 12.5% ABV: (150 × 0.125 × 0.789) / 10 = 1.479, rounded to 1 decimal = 1.5 standard drinks. Ensure the standard drinks per serving is accurate to the first decimal place. The number of standard drinks for the entire package (under section 2.7.1-4) is a separate calculation and should be included elsewhere on the label. Design the energy statement in the exact table format provided in the instrument. Use the prescribed wording "ENERGY INFORMATION" as the heading. Insert the serving size line with the number of standard drinks in brackets. Include the energy values in kJ and optionally kcal. Use no more than 3 significant figures (e.g., 420 kJ, not 423 kJ). If the energy per serving or 100 mL is less than 40 kJ, the statement may read "LESS THAN 40 kJ". Place the energy statement on the label such that it is not within the standard drinks statement (required by section 2.7.1-4) nor within a nutrition information panel. It can be placed elsewhere, e.g., on the back label. Decide whether to include optional percentage daily intake information. If included, calculate % per serving based on 8700 kJ, and add the required statement. Use the expanded table format shown in the instrument. For producers of spirits above 1.15% ABV, consider the alternative of using a voluntary nutrition information panel. This panel must comply with Standard 1.2.8 content and format, and include standard drinks per serving. Choosing the voluntary NIP exempts from the energy statement. Compare label space and complexity between the two options. During the 36-month transition period (13 August 2025 to 13 August 2028), a producer may sell products labelled under either the old or new Code. To avoid confusion, establish a clear cutoff date for old labels. After 13 August 2028, only products that were packaged and labelled before that date may be sold under the old regime. Maintain records of label purchase dates, production batch codes, and packaging dates to prove compliance if challenged. Keep the basis for energy calculations on file (lab reports, calculations). No specific format for record-keeping is mandated, but it is prudent to retain documents for at least the product's shelf life plus enforcement limitation periods. Finally, monitor any FSANZ guidance or industry codes of practice that may clarify ambiguous points, such as the calculation of surface area for small packages. The instrument does not require pre-approval of labels by FSANZ, so the obligation is self-assessment. Consider engaging a food labelling consultant for complex cases.