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Food Standards Code Volume 2 Incorporating amendments up to and including Amendment 58 Current as at: 1 January 2002 © Commonwealth of Australia 2001 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth available from Info Products. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Legislative Services, Info Products, Department of Finance and Administration, GPO Box 1920, Canberra ACT 2601 ANZFA and Anstat Pty Ltd and each of them expressly disclaim liability for any loss or damage suffered by any person arising out of any errors or omissions in this service or any reliance in part or in full upon the contents of this service. The Australia New Zealand Food Authority Act 1991 defines the Australia New Zealand Food Standards Code as: 'the code published under the name Food Standards Code in the Gazette on 27 August 1987 together with any amendments of the standards of that Code: (a) approved by the Council before this Act commenced and published in the Gazette as forming part of that code; or (b) made under this Act'. Relevant State and Territory legislation should be consulted to determine the law in each State and Territory in relation to food standards. Published by Anstat Pty Ltd ACN 005 446 748 How to Order Telephone (03) 9278 1144 Mail PO Box 447 South Melbourne 3205 Victoria Australia DX 332 Melbourne Fax (03) 9278 1145 Internet www.anzfa.gov.au/foodcode ANZFA Australian Office: ANZFA New Zealand Office: Level 2, 55 Blackall Street Level 4, 108 The Terrace BARTON ACT 2600 WELLINGTON PO Box 7186 PO Box 10559 The Terrace CANBERRA MC ACT 2610 WELLINGTON 6036 Ph: (02) 6271 2222 Ph: (04) 473 9942 Fax: (02) 6271 2278 Fax: (04) 473 9855 Issue 58 TRANSITIONAL STANDARD FOR THE OPERATION OF VOLUME 1 AND VOLUME 2 OF THE FOOD STANDARDS CODE Purpose This Standard will operate from the time Volume 2 of the Food Standards Code (known as the joint Australia New Zealand Food Standards Code) comes into effect until such time as both Volume 1 (known as the Australian Food Standards Code) and relevant regulations within the New Zealand Food Regulations 1984 are repealed. During this transitional period, this Standard requires that food either comply with Volume One (existing Australian Food Standards Code) or with Volume 2 (the joint Australia New Zealand Food Standards Code). In New Zealand, Volume One and Volume Two operate as alternatives to the New Zealand Food Regulations 1984. Therefore, for New Zealand purposes, food must comply with the New Zealand Food Regulations 1984 or Volume One or Volume Two, but not a combination of any two or three. Manufacturers will need to choose which volume they wish to manufacture to for the food manufactured. Food may not comply with a combination of parts of Volume One, parts of Volume Two and, in New Zealand parts of the Food Regulations. It should be noted that, other than those Standards in Chapter 3 of Volume Two, which only apply in Australia, the requirement does not apply to the manufacturer but rather the food being manufactured. Therefore, if the manufacturer makes two kinds of food, this Standard allows one kind of food to be manufactured, say to Volume One requirements, and the other kind of food to Volume Two. Table of Provisions 1 Interpretation 2 Transitional operation of Volume One and Volume Two Clauses 1 Interpretation Volume One means Volume One the Australia New Zealand Food Standards Code published under the name Food Standards Code or, in the case of New Zealand, that Code other than Standard A14 and clauses (2) and (4) of Standard K2. Volume Two means Volume Two of the Australia New Zealand Food Standards Code, published under the name Food Standards Code or in the case of New Zealand, that Code other than Chapter 3. 2 Transitional operation of Volume One and Volume Two (1) Food must comply with – Issue 55 3 Table of Contents (a) Volume One; or (b) Volume Two; but not a combination of the both. (2) Notwithstanding the operation of subclause (1) – (a) food businesses and food handlers must comply with Chapter 3 of Volume Two; and (b) food must comply with Standard A18 of Volume One; and (c) for the purposes of infant formula products, Volume One exclusively applies. (3) Paragraphs (2)(a) and (b) do not apply in New Zealand. Editorial note: In New Zealand, Volume One and Volume Two operate as alternatives to the New Zealand Food Regulations 1984. Therefore, for New Zealand purposes, food must comply with the New Zealand Food Regulations or Volume One or Volume Two, but not a combination of any two or three. Issue 55 4 Table of Contents FOOD STANDARDS CODE TABLE OF CONTENTS VOLUME 2 TABLE OF CONTENTS COMMENTARY FOOD STANDARDS CHAPTER 1 - GENERAL FOOD STANDARDS PART 1.1 Preliminary Standard 1.1.1 Preliminary Provisions - Application, Interpretation and General Prohibitions Standard 1.1.2 Supplementary Definitions for Foods Standard 1.1.3 Transitional and Temporary Standards PART 1.2 Labelling and other Information Requirements Standard 1.2.1 Application of Labelling and Other Information Requirements Standard 1.2.2 Food Identification Requirements Standard 1.2.3 Mandatory Advisory Statements and Declarations Standard 1.2.4 Labelling of Ingredients Standard 1.2.5 Date Marking of Packaged Food Standard 1.2.6 Directions for Use and Storage Standard 1.2.7 Reserved (Representations about Food) Standard 1.2.8 Nutrition Information Requirements Standard 1.2.9 Legibility Requirements Standard 1.2.10 Characterising Ingredients and Components of Food PART 1.3 Substances Added to Food Standard 1.3.1 Food Additives Standard 1.3.2 Vitamins and Minerals Standard 1.3.3 Processing Aids Standard 1.3.4 Identity and Purity PART 1.4 Contaminants and Residues Standard 1.4.1 Contaminants and Natural Toxicants Standard 1.4.2 Maximum Residue Limits (Australia Only) Standard 1.4.3 Articles and Materials in Contact with Food Standard 1.4.4 Prohibited and Restricted Plants and Fungi Issue 55 5 Table of Contents PART 1.5 Foods Requiring Pre-Market Clearance Standard 1.5.1 Novel Foods Standard 1.5.2 Food Produced Using Gene Technology Standard 1.5.3 Irradiation of Food PART 1.6 Microbiological and Processing Requirements Standard 1.6.1 Microbiological Limits for Food Standard 1.6.2 Processing Requirements (Australia Only) CHAPTER 2 - FOOD PRODUCT STANDARDS PART 2.1 Cereals Standard 2.1.1 Cereals and Cereal Products PART 2.2 Meat, Eggs and Fish Standard 2.2.1 Meat and Meat Products Standard 2.2.2 Egg and Egg Products Standard 2.2.3 Fish and Fish Products PART 2.3 Fruits and Vegetables Standard 2.3.1 Fruit and Vegetables Standard 2.3.2 Jam and Related Products PART 2.4 Edible Oils Standard 2.4.1 Edible Oils Standard 2.4.2 Edible Oil Spreads PART 2.5 Dairy Products Standard 2.5.1 Milk Standard 2.5.2 Cream Standard 2.5.3 Fermented Milk Products Standard 2.5.4 Cheese Standard 2.5.5 Butter Standard 2.5.6 Ice Cream Standard 2.5.7 Dried Milks, Evaporated Milks and Condensed Milks PART 2.6 Non-alcoholic Beverages Standard 2.6.1 Fruit Juice and Vegetable Juice Standard 2.6.2 Non-Alcoholic Beverages and Brewed Soft Drinks Standard 2.6.3 Kava Standard 2.6.4 Formulated Caffeinated Beverages Issue 55 6 Table of Contents PART 2.7 Alcoholic Beverages Standard 2.7.1 Labelling of Alcoholic Beverages and Food Containing Alcohol Standard 2.7.2 Beer Standard 2.7.3 Fruit Wine and Vegetable Wine Standard 2.7.4 Wine and Wine Product Standard 2.7.5 Spirits PART 2.8 Sugars and Honey Standard 2.8.1 Sugars Standard 2.8.2 Honey PART 2.9 Special Purpose Foods Standard 2.9.1 Reserved (Infant Formula Products) Standard 2.9.2 Foods for Infants Standard 2.9.3 Formulated Meal Replacements and Formulated Supplementary Foods Standard 2.9.4 Formulated Supplementary Sports Foods Standard 2.9.5 Reserved (Medical Foods) Standard 2.9.6 Reserved (Foods Formulated for Special Diets) Standard 2.9.7 Reserved (Macronutrient Modified Foods) PART 2.10 Standards for Other Foods Standard 2.10.1 Vinegar and Related Products Standard 2.10.2 Salt and Salt Products CHAPTER 3 - FOOD SAFETY STANDARDS (AUSTRALIA ONLY) PART 3.1 Preliminary Standard 3.1.1 Interpretation and Application PART 3.2 Food Safety Requirements Standard 3.2.1 Food Safety Programs Standard 3.2.2 Food Safety Practices and General Requirements Standard 3.2.3 Food Premises and Equipment INDEX AMENDMENT HISTORY {THIS PAGE INTENTIONALLY LEFT BLANK} Issue 57 COMMENTARY THE AUSTRALIA NEW ZEALAND FOOD STANDARDS SYSTEM The Australia New Zealand food standards system is a cooperative arrangement between Australia, New Zealand and the Australian States and mainland Territories to develop and implement uniform food standards. The system for the development of joint Australia New Zealand food standards is established under a treaty between Australia and New Zealand signed in December 1995. Within Australia, the system is based upon a 1991 Commonwealth, State and Territory Agreement in relation to the adoption of uniform food standard. The system is implemented by food legislation in each State and Territory and in New Zealand, and by the Australia New Zealand Food Authority Act 1991 (the ANZFA Act) of the Commonwealth of Australia. The ANZFA Act establishes the mechanisms for the development of joint food regulatory measures (a food standard or a code of practice) and creates the Australia New Zealand Food Authority as the agency responsible for the development and maintenance of a joint Australia New Zealand Food Standards Code.