The following instruments are separate instruments in the Federal Register of Legislative Instruments and are known collectively in the Food Standards Gazette as Amendment No. 135.
Food Standards (Application A1045 - Bacteriophage Preparation P100 as a Processing Aid) Variation
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the date specified in clause 3 of this variation.
Dated 4 October 2012.
Standards Management Officer, Delegate of the Board of Food Standards Australia New Zealand.
1 Name
This instrument is the Food Standards (Application A1045 - Bacteriophage Preparation P100 as a Processing Aid) Variation.
2 Variation to Standards in the Australia New Zealand Food Standards Code
The Schedule varies the Standards in the Australia New Zealand Food Standards Code.
3 Commencement
These variations commence on 11 October 2012.
SCHEDULE
[1] Standard 1.3.3 is varied by
[1.1] inserting in alphabetical order in clause 1
"approved food for use of phage means food that -
(a) is ordinarily consumed in the same state as that in which it is sold; and
(b) is solid; and
(c) is one of the following -
(i) meat;
(ii) meat product;
(iii) fish;
(iv) fish product;
(v) fruit;
(vi) fruit product;
(vii) vegetable;
(viii) vegetable product;
(ix) cheese; and
(d) is not one of the following -
(i) nuts in the shell and whole;
(ii) raw fruits and vegetables that are intended for hulling, peeling or washing by the consumer."
[1.2] inserting in alphabetical order in the Table to clause 14
"Listeria phage P100 Listericidal treatment for use on approved food for use of phage GMP"
[1.3] inserting after the Table to clause 14
"
Editorial note:
If Listeria phage P100 has an ongoing technological function it ceases to be a processing aid as defined in subclause 1(1), and operates instead as a food additive. For example, Listeria phage P100 may have an ongoing technological function when introduced to liquids. Standard 1.3.1 does not permit the use of Listeria phage P100 as a food additive.
"
[2] Standard 1.3.4 is varied by inserting in the Schedule
"Specification for Listeria phage P100
Biological classification
Order Caudovirales
Family Myoviridae
Subfamily Spounaviridae
Genus Twort-like
Species Listeria phage P100
GenBank Accession Number DQ004855
"
Food Standards (Application A1065 - Packaging Size for Phytosterol-enriched Milk) Variation
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the date specified in clause 3 of this variation.
Dated 4 October 2012.
Standards Management Officer, Delegate of the Board of Food Standards Australia New Zealand.
1 Name
This instrument is the Food Standards (Application A1065 - Packaging size for Phytosterol-enriched Milk) Variation.
2 Variation to Standards in the Australia New Zealand Food Standards Code
The Schedule varies Standard 2.5.1 in the Australia New Zealand Food Standards Code.
3 Commencement
The variation commences on 11 October 2012.
SCHEDULE
[1] Standard 2.5.1 is varied by deleting paragraph 5(b).
Food Standards (Proposal P1018 - Companion Dogs in Outdoor Dining Areas) Variation
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the date specified in clause 3 of this variation.
Dated 4 October 2012.
Standards Management Officer, Delegate of the Board of Food Standards Australia New Zealand.
1 Name
This instrument is the Food Standards (Proposal P1018 - Companion Dogs in Outdoor Dining Areas) Variation.
2 Variation to Standards in the Australia New Zealand Food Standards Code
The Schedule varies the Standards in the Australia New Zealand Food Standards Code.
3 Commencement
The variation commences on 11 October 2012.
SCHEDULE
[1] Standard 3.2.2 is varied by omitting clause 24, substituting -
"24 Animals and pests
(1) A food business must -
(a) subject to subclauses (2) and (3), not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish; and
(b) take all practicable measures to prevent pests entering the food premises; and
(c) take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and
those parts of vehicles that are used to transport food.
(2) A food business must permit an assistance animal in areas used by customers.
(3) A food business may permit a dog that is not an assistance animal to be present in an outdoor dining area.
(4) In this clause -
assistance animal means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.
enclosed area means an area that, except for doorways and passageways, is substantially or completely closed, whether permanently or temporarily, by -
(a) a ceiling or roof; and
(b) walls or windows or both walls and windows.
outdoor dining area means an area that -
(a) is used for dining, drinking or both drinking and dining; and
(b) is not used for the preparation of food; and
(b) is not an enclosed area; and
(c) can be entered by the public without passing through an enclosed area.
Editorial note:
Section 9 of the Disability Discrimination Act 1992 refers to a guide dog, a dog trained to assist a person in activities where hearing is required and any other animal trained to assist a person to alleviate the effect of a disability.
"
Food Standards (Proposal P1021 - Code Maintenance X) Variation
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the date specified in clause 3 of this variation.
The Editorial notes and Examples in this instrument have been provided for completeness only. They are not part of the approval of the amendments to the Standards.
Editorial notes and Examples are not, by virtue of the definition of "standard" in the Food Standards Australia New Zealand Act 1991, part of the a draft standard and therefore not subject to the standards development process under Part 3 of that Act.
Dated 4 October 2012.
Standards Management Officer, Delegate of the Board of Food Standards Australia New Zealand.
1 Name
This instrument is the Food Standards (Proposal P1021 - Code Maintenance X) Variation.
2 Variation to Standards in the Australia New Zealand Food Standards Code
The Schedule varies the Standards in the Australia New Zealand Food Standards Code.
3 Commencement
These variations commence on 11 October 2012, except for Items [3.1], [3.3], [6.3], [6.5], [6.7], and [6.10] which commence 11 October 2014.
SCHEDULE
[1] Standard 1.1.1 is varied by omitting from subclause 16(1) "2010" and substituting "2012"
[2] Standard 1.2.1 is varied by omitting from paragraph 2(2)(k) "clause 3" and substituting "clause 2"
[3] Standard 1.2.4 is varied by
[3.1] omitting from Part 1 of Schedule 2
"Tocopherols concentrate, mixed 306"
[3.2] inserting in Part 1 of Schedule 2 in alphabetical order
"Tocopherols concentrate, mixed 307b"
[3.3] inserting at the end of Part 1 of the Schedule 2
"
Editorial note:
The permissions for food additive Tocopherols, concentrate mixed with INS Number 306 will be repealed 2 years after the date of gazettal of the Food Standards (Proposal P1021 - Code Maintenance X) Variation.
"
[3.4] omitting from Part 2 of Schedule 2
"Tocopherols concentrate, mixed 306"
[3.5] inserting in Part 2 of Schedule 2 in numerical order
"Tocopherols concentrate, mixed 307b"
[3.6] omitting from Schedule 2
"470 Aluminium, calcium, sodium magnesium potassium and ammonium salts of fatty acids"
(twice occurring) and substituting
"470 Fatty acid salts of aluminium, ammonia, calcium, magnesium, potassium and sodium"
[3.7] inserting at the end of Part 1 of the Schedule 1
"
Editorial note:
The permissions for food additive Tocopherols, concentrate mixed with INS Number 306 will be repealed 2 years after the date of gazettal of the Food Standards (Proposal P1021 - Code Maintenance X) Variation.
"
[4] Standard 1.2.5 is varied by omitting from the Examples to subclause 5(4) "paragraph" (wherever occurring) and substituting "subclause"
[5] Standard 1.2.8 is varied by
[5.1] inserting in paragraph 3(l) ", ice" after "water" (first occurring)
[5.2] omitting from subclause 5(7)
"Dietary fibre, total
- ** g
g g
g"
and substituting
"Dietary fibre, total
- * g
g g
g"
[6] Standard 1.3.1 is varied by
[6.1] omitting from the Table of Provisions "Permitted synthetic flavourings" and substituting "Permitted flavouring substances"
[6.2] omitting subclause 5(3) and substituting
"(3) To calculate the steviol equivalent levels for a steviol glycoside, the following equation is used -

IMAGE OF EQUATION HERE

where -
[SE] = concentration as steviol equivalents
[SG] = concentration of individual steviol glycoside
CF = Conversion Factor as listed in the Table for the corresponding steviol glycoside
Table to subclause 5(3)
Column 1 Column 2
Steviol glycoside Conversion factor
Dulcoside A 0.40
Rebaudioside A 0.33
Rebaudioside B 0.40
Rebaudioside C 0.33
Rebaudioside D 0.28
Rebaudioside F 0.34
Rubusoside 0.50
Steviol 1.00
Steviolbioside 0.50
Stevioside 0.40
Examples:
Example 1 - Calculating steviol equivalents for a single glycoside
A preparation of 100 mg/kg of Rebaudioside B contains 100 x 0.40 = 40 mg/kg steviol equivalents.
Example 2 - Calculating steviol equivalents for a mixture of glycosides
For a preparation containing 100 mg/kg of a mixture of 90% Stevioside, 5% Rebaudioside B and 5% Rebaudioside A, the steviol equivalent is

= IMAGE OF EQUATION HERE

= IMAGE OF EQUATION HERE

= IMAGE OF EQUATION HERE

= IMAGE OF EQUATION HERE

Examples:
Example 3 - Calculating the maximum permitted level (MPL) of a steviol glycoside preparation
To calculate the MPL of a steviol glycoside preparation which contains 90% Stevioside, 5% Rebaudioside B and 5% Rebaudioside A, in a food where the permission is 160 mg/kg (steviol equivalents).
[SE] = 160 mg/kg [Stevioside] = 0.9 x MPL [Rebaudioside B] = 0.05 x MPL [Rebaudioside A] = 0.05 x MPL
Substituting into the equation

IMAGE OF EQUATION HERE

We get:

IMAGE OF EQUATION HERE

Therefore,

IMAGE OF EQUATION HERE
IMAGE OF EQUATION HERE
"
[6.3] omitting from Schedule 1 Category 0.1 Preparations of food additives
" 306 Tocopherols concentrate mixed GMP "
[6.4] inserting in numerical order in Schedule 1 Category 0.1 Preparations of food additives
" 307b Tocopherols concentrate, mixed GMP "
[6.5] omitting from Schedule 1 Category 2 EDIBLE OILS AND OIL EMULSIONS
" 306 Tocopherols concentrate mixed GMP "
[6.6] inserting in numerical order in Schedule 1 Category 2 EDIBLE OILS AND OIL EMULSIONS
" 307b Tocopherols concentrate, mixed GMP "
[6.7] omitting from Schedule 1 Category 13.1 Infant formula products
" 306 Tocopherols concentrate mixed 10 mg/L "
[6.8] inserting in numerical order in Schedule 1 Category 13.1 Infant formula products
" 307b Tocopherols concentrate, mixed 10 mg/L "
[6.9] omitting from Schedule 1 Category 13.2 Foods for infants
" 306 Tocopherols, concentrate mixed 300 mg/kg of fat in total.
307 Tocopherols, d-alpha-, concentrate 300 mg/kg Clause 6(1) applies"
and substituting
" 306 Tocopherols, concentrate mixed 300 mg/kg of fat
307 Tocopherols, d-alpha-, concentrate 300 mg/kg of fat
307b Tocopherols, concentrate mixed 300 mg/kg of fat"
[6.10] omitting from Schedule 1 Category 13.2 Foods for infants
" 306 Tocopherols, concentrate mixed 300 mg/kg of fat"
[6.11] omitting from Schedule 1 Category 20.2 Food other than beverages "blanc mange" and substituting "blancmange"
[6.12] inserting at the end of Schedule 1
"
Editorial note:
The permissions for food additive Tocopherols, concentrate mixed with INS Number 306 will be repealed 2 years after the date of gazettal of the Food Standards (Proposal P1021 - Code Maintenance X) Variation.
"
[6.13] omitting from Schedule 2 Numeric Listing "961-" and substituting "961"
[6.14] omitting from Schedule 2
"470 Aluminium, calcium, sodium magnesium potassium and ammonium salts of fatty acids"
(twice occurring) and substituting
"470 Fatty acid salts of aluminium, ammonia, calcium, magnesium, potassium and sodium"
[6.15] omitting from the headings to Schedules 2, 3 and 4 "Numeric Listing" and substituting "Numerical Listing"
[7] Standard 1.3.3 is varied by
[7.1] omitting from the Table to clause 8 "dimethylaminopro-pylamine" (twice occurring) and substituting "dimethylaminopropylamine"
[7.2] omitting the Editorial note to clause 9 and substituting
"
Editorial note:
The Joint FAO/WHO Expert Committee on Food Additives (JECFA) is currently reviewing mineral oils, including white mineral oil. To ensure consistency with the outcomes of this review, FSANZ will review the permission and nomenclature for white mineral oil once the JECFA review is completed.
"
[7.3] omitting from the Table to clause 13
"Dimethyl ether All foods except dairy ingredients and dairy products 2
Dimethyl ether Dairy ingredients and dairy products 2"
and substituting
"Dimethyl ether All foods 2"
[7.4] omitting from the Table to clause 16
"Bromelain
EC 3.4.22.4 Pineapple stem (Ananas comosus)"
and substituting
"Stem bromelain
EC 3.4.22.32 Pineapple stem (Ananas comosus)
Fruit bromelain
EC 3.4.22.33 Pineapple fruit (Ananas comosus)"
[7.5] omitting from the Table to clause 17 "Lactocococcus" and substituting "Lactococcus"
[7.6] omitting from the Table to clause 17 "Microccocus" and substituting "Micrococcus"
[7.7] omitting from the Table to clause 17 "Rhizophus" (twice occurring) and substituting "Rhizopus"
[7.8] omitting from the Table to clause 17 "amyloliquifaciens" and substituting "amyloliquefaciens"
[7.9] omitting from the second Editorial note to clause 17 "Microccocus luteus" and substituting "Micrococcus luteus"
[8] Standard 1.3.4 is varied by
[8.1] inserting in paragraph 2(b) "and FAO JECFA Monographs 11 (2011)" after "and FAO JECFA Monographs 10 (2010)"
[8.2] omitting paragraph 2(c) and substituting
"(c) Food Chemicals Codex (8th Edition) published by Unites States Pharmacopoeia (2012)."
[8.3] omitting from the Specifications for nucleotides in the Schedule
"Inosine - 5' monophosphate disodium salt (IMP)
1. Empirical chemical formula: C10H11N4Na2O8P•7.5OH2O
In addition the compound must be of the 5 species, ie the disodium monophosphate structure is attached to the fifth carbon in the central structure.
2. Molecular weight: 527.25
3. Structure/ Physical character: Occurs as a colourless or white crystal or as a white crystalline powder. It is odourless and has a characteristic taste.
4. Solubility: 24 g is soluble in 100 g of water at 20ºC; is stable in acid liquids under the identical conditions"
[8.4] omitting from the Specifications for nucleotides in the Schedule
"Guanosine - 5' monophosphate disodium salt (GMP)
1. Empirical chemical formula: C10H12N5Na2O8P•7.5OH2O
In addition the compound must be of the 5 species, ie the disodiummonophosphate structure is attached to the fifth carbon in the central structure.
2. Molecular weight: 533.26
3. Structure/ Physical character: Occurs as a colourless or white crystal or as a white crystalline powder. It is odourless and has a characteristic taste.
4. Solubility: 20 g is soluble in 100 g of water at 20ºC; becomes gelatinous in acid liquids under the identical conditions"
[9] Standard 1.4.1 is varied by
[9.1] omitting from the Purpose "a ML" and substituting "an ML"
[9.2] omitting from the Purpose "A ML" and substituting "An ML"
[9.3] omitting from the Table to clause 5 "The ML for Tutin to cease on 31 March 2011"
[10] Standard 1.5.2 is varied by inserting in Item 1.2 of the Schedule "lines" after "canola"
[11] Standard 2.5.4 is varied by omitting from paragraph (a) of the definition of cheese in clause 1 "coagulating wholly or partly milk" and substituting "wholly or partially coagulating milk"
[12] Standard 3.2.2 is varied by
[12.1] omitting from clause 1 and subclauses 14(1), 16(1) and 16(3) "food-borne" (wherever occurring) and substituting "foodborne"
[12.2] omitting from paragraph 5(2)(b) "an appropriate designation" and substituting "a name or a description of the food sufficient to indicate the true nature of the food"
[13] Standard 3.2.3 is varied by omitting from the Editorial note to clause 1 "2004"
[14] Standard 4.1.1 is varied by
[14.1] omitting the Table of Provisions and substituting
"Table of Provisions
Division 1 - Preliminary
1 Interpretation
2 Application
3 When an animal or food is unacceptable
Division 2 - General food safety management requirements
4 The general food safety management requirements
5 Food safety management statements"
[14.2] inserting before clause 1
"Division 1 - Preliminary"
[15] Standard 4.2.1 is varied by omitting from paragraph 16(2)(b) "Commonwealth Export Control (Processed Food) Orders" and substituting "Fish and Fish Products Orders (2005)"
[16] Standard 4.5.1 is varied by -
[16.1] omitting from the Table to clause 3 "Dimethyl dicarbonate"
[16.2] inserting in the Table to clause 4 "Dimethyl dicarbonate" in alphabetical order