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.
Citation
These variations may be collectively known as the Australia New Zealand Food Standards Code - Amendment No. 115 - 2010.
Commencement
These variations commence on 8 April 2010, except for Item [4.2] which commences on 8 April 2012.
SCHEDULE
[1] Standard 1.1.1 is varied by -
[1.1] omitting the headings for Division 1 - Interpretation and Application and Division 2 - General Prohibitions.
[1.2] inserting after clause 14 -
15 Phytosterols, phytostanols and their esters
(1) A reference in this Code to phytosterols, phytostanols and their esters is a reference to a substance which meets a specification for phytosterols, phytostanols and their esters in Standard 1.3.4.
(2) In this Code, total plant sterol equivalents content means the sum of -
(a) phytosterols; and
(b) phytostanols; and
(c) phytosterols and phytostanols following hydrolysis of any phytosterol esters and phytostanol esters.
[1.3] updating the Table of Provisions to reflect these variations.
[2] Standard 1.2.3 is varied by omitting from Column 1 of the Table to clause 2 -
Foods containing added tall oil phytosterols or added phytosterol esters
substituting -
Foods containing added phytosterols, phytostanols or their esters
[3] Standard 1.2.4 is varied by -
[1.1] inserting in Part 1 of Schedule 2 -
Ethyl lauroyl arginate 243
[1.2] inserting in Part 2 of Schedule 2 -
Ethyl lauroyl arginate 243
[4] Standard 1.2.8 is varied by -
[4.1] omitting the heading to clause 6, substituting -
6 Expression of particular matters in the nutrition information panel
[4.2] inserting after subclause 6(4) -
(5) If a nutrition claim is made about phytosterols, phytostanols or their esters, then the nutrition information panel must include declarations of -
(a) the substances using the same name as used in the mandatory advisory statement required by clause 2 of Standard 1.2.3; and
(b) the amount of the substances calculated as total plant sterol equivalents content.
(6) Subclause 1(2) of Standard 1.1.1 does not apply to subclause (5).
[4.3] updating the Table of Provisions to reflect these variations.
[5] Standard 1.3.1 is varied by -
[5.1] inserting in subclause 5(2) -
ethyl lauroyl arginate shall be calculated as ethyl-Na-lauroyl-L-arginate.HCl
[5.2] inserting in Schedule 1, under item 0.1 Preparations of food additives -
243 Ethyl lauroyl arginate 200 mg/ kg
[5.3] omitting from Schedule 1 -
1.1.3 Liquid milk to which phytosterols or phytosterol esters have been added
substituting -
1.1.3 Liquid milk to which phytosterols, phytostanols or their esters have been added
[5.4] inserting in Schedule 1, under item 1.6 Cheese and cheese products, immediately following the last additive entry -
1.6.1 Soft cheese, cream cheese and processed cheese
243 Ethyl lauroyl arginate 400 mg/ kg
mozzarella cheese
243 Ethyl lauroyl arginate 200 mg/ kg
1.6.2 Hard cheese and semi-hard cheese 243 Ethyl lauroyl arginate 1 mg/ cm2 applied to the surface of food; maximum level determined in a surface sample taken to a depth of not less than 3mm and not more than 5mm.
[5.5] inserting in Schedule 1, under item 4.1.3 Peeled and/or cut fruits and vegetables -
243 Ethyl lauroyl arginate 200 mg/kg
[5.6] inserting in Schedule 1, under item 4.3.8 Other fruit and vegetable based products* -
rehydrated legumes
243 Ethyl lauroyl arginate 200 mg/kg
[5.7] inserting in Schedule 1, under item 6.3 Processed cereal and meal products, immediately following the last additive
entry -
6.3.1 Cooked rice
243 Ethyl lauroyl arginate 200 mg/kg
[5.8] inserting in Schedule 1, under item 6.4 Flour products (including noodles and pasta)* -
243 Ethyl lauroyl arginate 200 mg/kg cooked pasta and noodles only
[5.9] inserting in Schedule 1, under item 8.2 Processed meat, poultry and meat products in whole cuts or pieces -
243 Ethyl lauroyl arginate 200 mg/kg
[5.10] inserting in Schedule 1, under item 8.3 Processed comminuted meat, poultry and game products -
243 Ethyl lauroyl arginate 315 mg/kg
[5.11] inserting in Schedule 1, under item 9.3 Semi preserved fish and fish products -
243 Ethyl lauroyl arginate 400 mg/kg
[5.12] inserting in Schedule 1, under item 14.1.2 Fruit and vegetable juices and fruit and vegetable juice products* -
243 Ethyl lauroyl arginate 50 mg/kg
[5.13] inserting in Schedule 1, under item 14.1.3 Water based flavoured drinks* -
243 Ethyl lauroyl arginate 50 mg/kg
[5.14] inserting in Schedule 1, under item 20.2 Food other than beverages*, sub-item dairy and fat based desserts, dips and snacks -
243 Ethyl lauroyl arginate 400 mg/kg
[5.15] inserting in Schedule 1, under item 20.2 Food other than beverages*, sub-item sauces and toppings (including mayonnaises and salad dressings) -
243 Ethyl lauroyl arginate 200 mg/kg
[6] Standard 1.3.4 is varied by -
[6.1] omitting from the Schedule the following specifications -
Specification for phytosterol esters derived from vegetable oils
Specification for tall oil phytosterols derived from tall oils
[6.2] inserting in the Schedule the following specification -
Specification for phytosterols, phytostanols and their esters
(1) Subject to subclauses (2) and (3), phytosterols, phytostanols and their esters must comply with a monograph pecification in clause 2 or 3 of this Standard.
(2) However, for a mixture which contains no less than 950 g/kg of phytosterol and phytostanols, the concentration of exane, isopropanol, ethanol, methanol or methyl ethyl ketone either singly or in combination must be no more than 2 g/kg.
(3) The total plant sterol equivalents content must contain no less than 95% des-methyl sterols.
Specification for tall oil phytosterol esters
Tall oil phytosterol esters are phytosterols derived from Tall Oil Pitch esterified with long-chain fatty acids derived from edible vegetable oils
Phytosterol Content
Phytosterol esters + free phytosterols No less than 97%
Free Phytosterols after saponification No less than 59%
Free phytosterols No more than 6%
Steradienes No more than 0.3%
Sterol profile based on input sterols
Campesterol No less than 4.0% and no more than 25.0%
Campestanol No more than14.0%
B-sitosterol No less than 36.0% and no more than 79.0%
B-sitostanol No less than 6.0% and no more than 34%
Fatty acid methylester No more than 0.5%
Moisture No more than 0.1%
Solvents No more than 50 mg/kg
Residue on ignition No more than 0.1%
Heavy Metals
Iron No more than 1.0 mg/kg
Copper No more than 0.5 mg/kg
Arsenic No more than 3 mg/kg
Lead No more than 0.1 mg/kg
Microbiological
Total aerobic count No more than 10,000 cfu/g
Combined moulds and yeasts No more than 100 cfu/g
Coliforms Negative
E. coli Negative
Salmonella Negative
[7] Standard 1.5.1 is varied by -
[7.1] omitting from the Table to clause 2 the entries for Phytosterol esters and Tall oil phytosterols
[7.2] inserting in the Table to clause 2 -
Phytosterols, phytostanols and their esters The food must comply with requirements in clause 2 of Standard 1.2.3.
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 of the 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 than 3 g/50 g serve;
(2) the breakfast cereal contains no more than
30 g/100g of total sugars; and
(3) the total plant sterol equivalents content is no less than 15 g/kg and no more than 19 g/kg.
Foods to which phytosterols, phytostanols or their esters have been added must 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.
[7.3] inserting in the Table to clause 3 -
Tall oil phytosterol Esters LiveActive®
Cheese and Processed Cheese The food must comply with the requirements in clause 2 of Standard 1.2.3.
The name "tall oil phytosterol esters" or "plant sterol esters" must be used.
May only be added to cheese and processed cheese in accordance with Standard 2.5.4.
Foods to which tall oil phytosterol esters have been added may not be used as ingredients in other foods.
The tall oil phytosterol esters must comply with the specification for LiveActive® tall oil phytosterol esters in Schedule 1 of Standard 1.3.4.
[8] Standard 2.4.2 is varied by omitting paragraphs 2(1)(g) and (h), substituting -
(g) no more than 82 g/kg of total plant sterol equivalents content.
[9] Standard 2.5.1 is varied by -
[9.1] omitting clause 5, substituting -
5 Phytosterols, phytostanols and their esters
Phytosterols, phytostanols and their esters may only be added to milk -
(a) that contains no more than 1.5g total fat per 100 g; and
(b) that is supplied in a package, the labelled volume of which is no more than 1 litre; and
(c) where the total plant sterol equivalents content is no less than 3 g/L of milk and no more than 4 g/L of milk.
[9.2] updating the Table of Provisions to reflect these variations.
[10] Standard 2.5.3 is varied by -
[10.1] omitting clause 4, substituting -
4 Phytosterols, phytostanols and their esters
Phytosterol, phytostanols and their esters may only be added to yoghurt -
(a) that contains no more than 1.5 g total fat per 100 g; and
(b) that is supplied in a package, the capacity of which is no more than 200 g; and
(c) where the total plant sterol equivalents content added is no less than 0.8 g and no more than 1.0 g per package.
[10.2] updating the Table of Provisions to reflect these variations.
[11] Standard 2.5.4 is varied by -
[11.1] inserting after clause 2 -
3 Tall Oil Phytosterol Esters
Tall oil phytosterol esters may only be added to cheese and processed cheese -
(a) that contains no more than 12 g total fat per 100 g; and
(b) that is supplied in an individual portion, the weight of which is no more than 50 g; and
(c) where the tall oil phytosterol ester is added at no less than 70 g/kg and no more than 90 g/kg.
Editorial note:
See clause 3 of Standard 1.5.1 which provides for the exclusive use of tall oil phytosterol esters in cheese and processed
cheese in accordance with the provisions of that clause.
[11.2] updating the Table of Provisions to reflect the above variations