The Board of Food Standards Australia New Zealand gives notice of the making of this standard under section 92 of the Food Standards Australia New Zealand Act 1991.

The Standard commences on 1 March 2016.

Dated 25 March 2015

Standards Management Officer, Delegate of the Board of Food Standards Australia New Zealand.

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.

2.6.4—1 Name

This Standard is Australia New Zealand Food Standards Code – Standard 2.6.4 – Formulated caffeinated beverages.

Note Commencement: This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.

2.6.4—2 Definitions

Note In this Code (see sections 1.1.2—3 and 1.1.2—6):

non-alcoholic beverage:

(a) means:

(i) packaged water; or

(ii) a water-based beverage, or a water-based beverage that contains other foods (other than alcoholic beverages); or

(iii) an electrolyte drink; and

(b) does not include a brewed soft drink.

formulated caffeinated beverage means a flavoured, non-alcoholic beverage, or a flavoured, non-alcoholic beverage to which other substances (for example, carbohydrates, amino acids, vitamins) have been added, that:

(a) contains caffeine; and

(b) has the purpose of enhancing mental performance.

To avoid doubt, a formulated caffeinated beverage is a water based flavoured drink for the purposes of item 14.1.3 of section S15—5, and section S18—10.

In this Standard:

listed substance means a substance listed in Column 1 of the table in section S28—2.

2.6.4—3 Composition—formulated caffeinated beverages

A formulated caffeinated beverage:

(a) must contain no less than 145 mg/L and no more than 320 mg/L of caffeine in total, from any source; and

(b) may contain a listed substance.

2.6.4—4 Prohibition on mixing formulated caffeinated beverages

A food for sale (other than a formulated caffeinated beverage) must not be a mixture of a non-alcoholic beverage and a formulated caffeinated beverage.

2.6.4—5 Labelling requirements—formulated caffeinated beverage

Required declarations

(1) For the labelling provisions, the required declarations of average quantities are a declaration of the *average quantity, per serving size and per 100 mL, of:

(a) caffeine, expressed in milligrams; and

(b) each listed substance (if any) that the beverage contains, expressed in the units in Column 2 of the table to section S28—2.

Note The labelling provisions are set out in Standard 1.2.1.

(2) The declarations under subsection (1):

(a) may be adjacent to or follow a nutrition information panel on the label; and

(b) may be set out in the format in section S12—5; and

(c) may not be set out in the nutrition information panel.

Required advisory statements

(3) For the labelling provisions, the required advisory statements are statements to the effect that:

(a) the food contains caffeine; and

(b) the food is not recommended for:

(i) children; or

(ii) pregnant or lactating women; or

(iii) individuals sensitive to caffeine; and

(c) if the food contains a listed substance—no more than a one-day quantity should be consumed per day.

Note 1 The labelling provisions are set out in Standard 1.2.1.

Note 2 Subsection 1.2.1—9(7) and paragraph 1.2.1—9(8)(g) each contain a labelling requirement for formulated caffeinated beverages that are not required to bear a label.

Note 3 For a formulated caffeinated beverage, the one-day quantity is the maximum amount that should be consumed in a day. For each listed substance that the beverage contains, a one-day quantity will not contain more than the amount in the corresponding row of the table to section S28—2.

(4) For the advisory statement required by paragraph (3)(c), the one-day quantity may be expressed as mL, or as cans or bottles, as appropriate.

(5) For paragraph (3)(c), to determine the one-day quantity:

(a) for each listed substance that the food contains, calculate the equivalent amount in accordance with the equation in subsection (6); and

(b) select, as the one-day quantity, the lowest of the equivalent amounts as so calculated.

(6) For subsection (5), the equation is:

where:

permitted amount is, for a listed substance, the permitted amount identified in the table to section S28—2.

concentration is the concentration of the substance in the beverage, in mg/L.