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PHASE 1 PILOT REPORT (APPENDICES) Page 1 of 60 FSANZ FOOD LABEL MONITORING SURVEY – PHASE 1 PILOT REPORT (APPENDICES) APPENDICES Appendix 1 Reasons Behind the Modification of the Food Standards Code Using the latest consumer, marketing, medical and scientific knowledge, a number of changes were made to the labelling provisions for food products in the new Australia New Zealand Food Standards Code (the ‘new Code’). These changes were designed to address the increasing consumer demand for a greater variety of foods with more product information provided, whilst still allowing industry the ability to be innovative in developing food products, and ensuring that our food supply is safe. One of the key changes to the new Code was the removal of a number of prescriptive commodity standards for specific foods, provided that these standards did not contribute to health or food safety. This was done with the intention of allowing industry more flexibility in processing technology used and also increasing product innovation. To counter this the Code was changed by increasing generic mandatory labelling requirements to enable the consumer to have access to more information on product composition from the label. The key additional information required to be provided on the label was nutrient content (nutrition labelling) and key characterising ingredients information (percentage labelling). Substantial changes were also made to date marking and allergen labelling requirements. The principle objectives of the changes to the Code were to: • develop standards that were easier to interpret; • deliver information on food labels that was easy for consumers to understand and use; and • enable consumers to make informed choices about foods. This review of the Australian Food Standards Code and the New Zealand Food Regulations 1984 (in this report together referred to as the ‘old Code’) commenced in 1994 and encompassed the results of over 70 individual projects involving project teams including Food Standards Australia New Zealand’s (formerly ANZFA) scientific staff and, experts from professional organisations, consumer groups and the food industry. The review condensed 76 Australian commodity standards and 19 New Zealand food categories (covering over 223 regulations governing 200 commodities) into 29 broader commodity standards. Page 1 of 60 FSANZ FOOD LABEL MONITORING SURVEY – PHASE 1 PILOT REPORT (APPENDICES) Appendix 2 Key Changes to the Food Standards Code Structure The new Code was streamlined into three parts: Part One – General provisions that apply to all foods covering: • Labelling requirements; • Substances permitted for addition to food (e.g. food additives, vitamins and minerals); • Food requiring pre-market clearance (e.g. genetically modified foods, novel food irradiated foods); • Microbiological standards; • Residue limits (Australia only) and contaminant limits; and • Processing standards (Australia only). Part Two – Food product standards for individual food groups: • The groups include cereals, meat, fish, and eggs, fruit and vegetables, edible oils, dairy, non-alcoholic beverages, alcoholic beverages, sugars and special purpose foods (e.g. infant formula, sports food etc). Part Three – Food Safety Standards (Australia only): • Providing a national set of food safety requirements including standards for: o Safe handling of foods to prevent food borne illness; and o Hygienic design and construction of food premises, equipment and vehicles (New Zealand has retained its own food safety requirements). Page 2 of 60 FSANZ FOOD LABEL MONITORING SURVEY – PHASE 1 PILOT REPORT (APPENDICES) Appendix 3 Key Changes to Labelling Requirements The key changes to the labelling requirements as at 30 June 2002 (up to and including Amendment 60) were: Mandatory Warning and Advisory Statements and Declarations Mandatory Declarations Labels of packaged foods are now required to declare the presence of substances in foods that most commonly cause severe adverse reactions in sensitive individuals. Previously, only peanuts were required to be declared if they were present in a food. The declaration of substances can be included in the ingredient list and are listed below: • Cereals containing gluten and their products, namely, wheat, rye, barley, oats and their hybridised strains (other than where these substances are present in beer and spirits); • Crustacea and their products; • Egg and egg products; • Fish and fish products; • Milk and milk products; • Tree nuts and sesame seeds and their products; • Peanuts and soybeans and their products; • Added sulphites in concentrations of 10mg/kg or more; • Royal Jelly; • Bee Pollen; and • Propolis. Mandatory Advisory Statements Mandatory advisory statements are required on the labels for certain foods where guidance about the use of a food is needed to protect public health and safety. Manufacturers may use their own Page 3 of 60 FSANZ FOOD LABEL MONITORING SURVEY – PHASE 1 PILOT REPORT (APPENDICES) words for statements as long as they convey the intended meaning and the statement is prominent and legible. The foods and the advisory statements that must accompany them are listed below: • Food containing aspartame – statement to the effect that the product contains phenylalanine; • Food containing quinine - statement to the effect that the product contains quinine; • Food containing guarana or extracts of guarana - statement to the effect that the product contains caffeine; • Kola beverages containing added caffeine – statement to the effect that the product contains caffeine; • Food containing phytosterol esters and food containing tall oil phytosterols – statements to the effect that: (1) the product should be consumed in moderation as part of a diet low in saturated fats and high in fruit and vegetables; (2) the product is not recommended for infants, children and pregnant or lactating women unless under medical supervision; and (3) consumers on cholesterol-lowering medication should seek medical advice on the use of this product in conjunction with their medication; • Milk and beverages made from soy or rice where the fat content is no more than 2.5%; and evaporated milks, dried milks and equivalent products made from soy or rice where the fat content is no more than 2.5% as reconstituted according to directions for direct consumption – statement to the effect that the product is not suitable as a complete milk food for children under the age of two years; • Unpasteurised egg products; and unpasteurised milk and unpasteurised liquid milk products – statement to the effect that the product has not been pasteurised; • Bee pollen – statement to the effect that the product contains bee pollen which can cause severe allergic reactions; • Propolis - statement to the effect that the product contains propolis which can cause severe allergic reactions; and • Food containing lactitol, maltitol, maltitol syrup, mannitol and xylitol, either singularly or in combination at a level of or in excess of 10 g/100g; and erythritol, isomalt, polydextrose and sorbitol, either singularly or in combination at a level of or in excess of 25 g/100g – statement to the effect that excess consumption of the food may have a laxative effect. Page 4 of 60 FSANZ FOOD LABEL MONITORING SURVEY – PHASE 1 PILOT REPORT (APPENDICES) Mandatory Warning Statements Mandatory warning statements are prescribed statements that are required on labels in circumstances where the general population or a specific target group is unaware of a potentially life threatening health risk associated with the consumption of a food and a statement is needed to alert them to the risk. Warning statements must be written in a minimum print size of 3 millimetres (mm) and in the case of small packages, a minimum print size of 1.5 mm. Warning statements are required with regard to milk, evaporated milk and dried milk products and beverages made from soy or rice, where the fat content is no more than 2.5%. A statement regarding unsuitability of products for consumption by children under the age of 2 years is required. It should be noted that since the time of the Stage 1 survey, the status of several warning, advisory and mandatory statements has changed (e.g. propolis, bee pollen and royal jelly). Compound Ingredient Declaration A compound ingredient is an ingredient of a food which itself is made up of two or more ingredients. If present at 5% or more all sub-ingredients must be declared. If present at less than 5%, only food additives present in the compound ingredient must be declared. Date Marking Foods with a shelf life of less than two years must have a ‘best before’ date. It may still be safe to eat those foods after the best before date but they may have lost some quality and some nutritional value. Those foods that should not be consumed after a certain date for health and safety reasons must have a ‘use by’ date. An exception is bread, which can be labelled with a ‘baked on’ or ‘baked for’ date if its shelf life is less than seven days. Page 5 of 60 FSANZ FOOD LABEL MONITORING SURVEY – PHASE 1 PILOT REPORT (APPENDICES) Previously, ‘best before’ and ‘use by’ dates could be used interchangeably on food labels. The new requirements, which differentiate between ‘best before’ and ‘use by’ date, make it easier for consumers to understand date marks on food labels. It will enable them to distinguish between products that need to be consumed by a certain time for health or safety reasons (those with a ‘use by’ date) and those that do not (those with a ‘best before’ date). The new requirements also bring Australia and New Zealand into line with international food standards, where the ‘best before’ date is the main date marking term used. Nutrition Labelling Nutrition labelling is required on most manufactured foods in the form of a nutrition information panel. There are a few exemptions such as small packages and foods like herbs and spices, tea, coffee and foods sold unpackaged (if a claim is not made) or foods made and packaged at the point of sale. Nutrition information panels provide information on the amount of energy (kilojoules), protein, total fat, saturated fat, carbohydrate, sugars and sodium, as well as any other nutrient about which a claim is made on the label, that is contained in the food.
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