Food Standards Australia New Zealand Act 1991
Preamble
The variations set forth in the Schedule below are variations to Standards in the Australia New Zealand Food Standards Code published by the National Health and Medical Research Council in the Commonwealth of Australia Gazette, No. P 27, on
27 August 1987, which have been varied from time to time.
These variations are published pursuant to section 23A of the Food Standards Australia New Zealand Act 1991.
Citation
These variations may be collectively known as the Australia New Zealand Food Standards Code – Amendment No. 89 – 2006.
Commencement
These variations commence on Gazettal.
SCHEDULE
[1] Standard 1.1.1 is varied by –
[1.1] omitting from the Schedule, from Column 2, in relation to Pantothenic acid –
No permitted form specified
substituting
Calcium pantothenate
Dexpanthenol
[1.2] omitting from the Schedule, from Column 2, in relation to Selenium –
No permitted forms specified
substituting –
Seleno methionine
Sodium selenate
Sodium selenite
[2] Standard 1.2.3 is varied by omitting from the Table to clause 2 –
Food regulated in Standard 2.4.2 containing phytosterol esters 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; and3. consumers on cholesterol-lowering medication should seek medical advice on the use of this product in conjunction with their medication.
Food regulated in Standard 2.4.2 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; and3. consumers on cholesterol-lowering medication should seek medical advice on the use of this product in conjunction with their medication.
substituting –
Foods containing added phytosterol esters Statements to the effect that –1. when consuming this product, it should be consumed as part of a healthy diet; 2. this product may not be suitable for children under the age of five years and pregnant or lactating women; and3. plant sterols do not provide additional benefits when consumed in excess of three grams per day.
Foods containing added tall oil phytosterols Statements to the effect that –1. when consuming this product, it should be consumed as part of a healthy diet; 2. this product may not be suitable for children under five years and pregnant or lactating women; and 3. plant sterols do not provide additional benefits when consumed in excess of three grams per day.
[3] Standard 1.2.9 is varied by inserting after subclause 2(1) –
Editorial note:
The requirements of this Standard will not be met where prescribed information is placed other than on the outside of a package where it is readily accessible by a consumer prior to purchase, and during the life of the product, and not obscured by an outer covering. The requirements of this Standard will also not be met where prescribed information is printed in a small font so the statement cannot be read easily.Within 24 months of the gazettal of this editorial note, Standard 1.2.9 Legibility Requirements will be reviewed.
[4] Standard 1.3.1 is varied by –
[4.1] inserting in Schedule 1, after item 1.1.2 –
1.1.3 Liquid milk to which phytosterol esters have been added
401 Sodium alginate 2 g/kg
407 Carrageenan 2 g/kg
412 Guar gum 2 g/kg
471 Mono- and diglycerides of fatty acids 2 g/kg

1.1.4 Liquid milk to which tall oil phytosterols have been added
460 Microcrystalline cellulose 5 g/kg

[4.2] inserting in Schedule 1 item 14.1.4 the heading –
Formulated Beverages*
[4.3] inserting in Schedule 1 item 14.1.4 after the heading Formulated Beverages* –
123 Amaranth 30 mg/kg
160b Annatto extracts 10 mg/kg products containing fruit or vegetable juice only
200 201 202 203 Sorbic acid and sodium, potassium and calcium sorbates 400 mg/kg
210 211 212 213 Benzoic acid and sodium, potassium and calcium benzoates 400 mg/kg
220 221 222 223 224 225 228 Sulphur dioxide and sodium and potassium sulphites 115 mg/kg
242 Dimethyl dicarbonate 250 mg/kg
281 Sodium propionate GMP products containing fruit or vegetable juice only
282 Calcium propionate GMP
385 Calcium disodium EDTA 33 mg/kg products containing fruit flavouring, juice or pulp or orange peel extract only
444 Sucrose acetate isobutyrate 200 mg/kg
445 Glycerol esters of wood rosins 100 mg/kg
480 Dioctyl sodium sulphosuccinate 10 mg/kg
950 Acesulphame potassium 3000 mg/kg
951 Aspartame GMP
954 Saccharin 150 mg/kg
955 Sucralose GMP Clause 4 limits do not
956 Alitame 40 mg/kg apply
957 Thaumatin GMP
961 Neotame GMP
962 Aspartame-acesulphame salt 6800 mg/kg
[5] Standard 1.3.2 is varied by inserting in the Table to clause 3 –
Formulated Beverages
600 mL Folate 50 µg (25%)
Vitamin C 40 mg (100%)
Carotene forms of Vitamin A 200 µg (25%)
Niacin 2.5 mg (25%)
Thiamin- 0.28 mg (25%)
Riboflavin 0.43 mg (25%)
Calcium 200 mg (25%)
Iron 3.0 mg (25%)
Magnesium 80 mg (25%)
Vitamin B6 0.4 mg (25%)
Vitamin B12 0.5 µg (25%)
Vitamin D 2.5 µg (25%)
Vitamin E 2.5 mg (25%)
Iodine 38 µg (25%)
Pantothenic acid 1.3 mg (25%)
Selenium 17.5 µg (25%)
[6] Standard 1.3.4 is varied by omitting from the Schedule –
Specification for tall oil phytosterols derived from tall oils
Tall oil phytosterols (non-esterified) are derived from tall oil soap, a by-product of the pulping process and then purified.
Total Phytosterol/phytostanol content (%) min. 95
Loss on drying (water (%)) max. 5.0
Solvents (%) max. 0.5
Residue on ignition (%) max. 0.1
Total Heavy metals (ppm) max. 10
Cadmium (ppm) max. 1.0
Mercury (ppm) max. 1.0
Arsenic (ppm) max. 2.0
Lead (ppm) max. 0.25
Total aerobic count (CFU/g) max. 10,000
Combined moulds and yeasts (CFU/g) max. 100
Coliforms Negative to test
E. coli Negative to test
Salmonella Negative to test
Major Sterol profile (%) as below –
Campesterol min. 4.0 max. 25.0
Campestanol min. 0.0 max. 14.0
ß-Sitosterol min. 36.0 max. 79.0
ß-Sitostanol min. 6.0 max. 34
substituting –
Specification for tall oil phytosterols derived from tall oils
Tall oil phytosterols (non-esterified) are derived from tall oil soap, a by-product of the pulping process and then purified.
Total Phytosterol/phytostanol content (%) min. 97
Loss on drying (water (%)) max. 4.0
Solvents (%) max. 0.5
Residue on ignition (%) max. 0.1
Total Heavy metals (ppm) max. 2
Cadmium (ppm) max. 0.1
Mercury (ppm) max. 0.1
Arsenic (ppm) max. 0.1
Lead (ppm) max. 0.1
Total aerobic count (CFU/g) max. 10,000
Combined moulds and yeasts (CFU/g) max. 100
Coliforms Negative to test
E. coli Negative to test
Salmonella Negative to test
Major Sterol profile (%) as below –
Campesterol min. 4.0 max. 25.0
Campestanol min. 0.0 max. 14.0
ß-Sitosterol min. 36.0 max. 79.0
ß-Sitostanol min. 6.0 max. 34
Minor sterols (%) max. 3.0
[7] Standard 1.5.1 is varied by –
[7.1] omitting from the Table to clause 2 –
Phytosterol esters The requirements in clause 2 of Standard 1.2.3.The name ‘phytosterol esters’ or ‘plant sterol esters’ must be used when declaring the ingredient in the ingredient list, as prescribed in Standard 1.2.4.May only be added to food –(1) according to Standards 1.3.4 and 2.4.2; and(2) where the total saturated and trans fatty acids present in the food is no more than 28% of the total fatty acid content ofthe food.
Tall oil phytosterols The requirements in clause 2 of Standard 1.2.3.The name ‘tall oil phytosterols’ or ‘plant sterols’ must be used when declaring the ingredient in the ingredient list, as prescribed in Standard 1.2.4.May only be added to food –(1) according to Standards 1.3.4 and 2.4.2; and(2) where the total saturated and trans fatty acids present in the food is no more than 28% of the total fatty acid content of the food.
substituting –
Phytosterol esters The requirements in clause 2 of Standard 1.2.3.The name ‘phytosterol esters’ or ‘plant sterol esters’ must be used when declaring the ingredient in the ingredient list, as prescribed in Standard 1.2.4.May only be added to edible oil spreads –(1) according to Standard 2.4.2; and(2) where the total saturated and trans fatty acids present in the food are no more than 28% of the total fatty acid content ofthe food.May only be added to breakfast cereals, not including breakfast cereal bars, if –(1) the total fibre content of the breakfast cereal is no less than3g/50g serve; (2) the breakfast cereal contains no more than 30g/100g of total sugars; and(3) the total phytosterol ester added is no less than 26g/kg and no more than 32g/kg.Foods to which phytosterol esters have been added may not be used as ingredients in other foods.May only be added to milk in accordance with Standard 2.5.1.May only be added to yoghurt in accordance with Standard 2.5.3.
Tall oil phytosterols The requirements in clause 2 of Standard 1.2.3.The name ‘tall oil phytosterols’ or ‘plant sterols’ must be used when declaring the ingredient in the ingredient list, as prescribed in Standard 1.2.4.May only be added to edible oil spreads –(1) according to Standard 2.4.2; and(2) where the total saturated and trans fatty acids present in the food is no more than 28% of the total fatty acid content ofthe food.May only be added to milk in accordance with Standard 2.5.1.Foods to which tall oil phytosterols have been added may not be used as ingredients in other foods.
[7.2] omitting from the Editorial note after the Table to clause 2 –
The Table to Clause 2 contains conditions relating to novel foods. Nothing contained in this Code permits the mixing of phytosterol esters and tall oil phytosterols.
[8] Standard 2.5.1 is varied by inserting after the Editorial note to clause 4 –
5 Phytosterol Esters
Phytosterol esters may only be added to milk –
(a) such that the milk contains no more than 1.5g total fat per 100g; and
(b) that is supplied in a package, the labelled volume of which is no more than 1 litre; and
(c) where the total phytosterol ester added is no less than 5.2g/litre of milk and no more than 6.4g/litre of milk.
6 Tall oil phytosterols
Tall oil phytosterols may only be added to milk –
(a) such that the milk contains no more than 1.5g total fat per 100g; and
(b) that is supplied in a package, the labelled volume of which is no more than 1 litre; and
(c) where the total tall oil phytosterol added is no less than 3.2g/litre of milk and no more than 4.0g/litre of milk.
[9] Standard 2.5.3 is varied by inserting after the Editorial note to clause 3 –
4 Phytosterol Esters
Phytosterol esters may only be added to yoghurt –
(a) such that the yoghurt contains no more than 1.5g total fat per 100g; and
(b) that is supplied in a package, the capacity of which is no more than 200g; and
(c) where the total phytosterol ester added is no less than 1.3g and no more than 1.6g.
[10] Standard 2.6.2 is varied by –
[10.1] omitting from the Purpose –
The Standard defines a number of products and sets certain compositional requirements for packaged water, electrolyte drinks and brewed soft drinks.
substituting –
The Standard defines a number of products and sets certain compositional requirements for packaged water, electrolyte drinks, brewed soft drinks and formulated beverages.
[10.2] inserting in the Table of Provisions
9 Composition of formulated beverages
[10.3] inserting in clause 1 –
Formulated beverage means a non-carbonated, water-based flavoured beverage that contains added vitamins and/or minerals, prepared from one or more of the following –
(a) water; and
(b) fruit juice; and
(c) fruit purée; and
(d) concentrated fruit juice; and
(e) concentrated fruit purée; and
(f) comminuted fruit; and
(g) orange peel extract; and
(h) mineral water; and
(i) sugars.
[10.4] inserting after the Editorial note to clause 8 –
9 Composition of formulated beverages
(1) A formulated beverage must contain no more than –
(a) 240mL/L of fruit prepared from any of the sources specified in the definition for formulated beverage in paragraphs 1(b) to (g); and
(b) 75g/L of sugars.
(2) A formulated beverage must not contain –
(a) carbon dioxide; or
(b) caffeine.
(3) A formulated beverage must not be mixed with other beverages.
Editorial note:
Formulated beverages are liquid products which are sold in a form designed to be consumed as is, that is, without the need to reconstitute or add further ingredients.
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