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.

2.7.1—1 Name

This Standard is Australia New Zealand Food Standards Code – Standard 2.7.1 – Alcoholic 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.

2.7.1—2 Definitions

Note In this Code (see section 1.1.2—2):

standard drink, for a beverage containing alcohol, means the amount which contains 10 grams of ethanol when measured at 20°C.

2.7.1—3 Statement of alcohol content

(1) For the labelling provisions, a statement of the alcohol content is required for:

(a) a food (including an alcoholic beverage) that contains more than 1.15% alcohol by volume; or

(b) an alcoholic beverage that contains 1.15% or less alcohol by volume; or

(c) a beverage that contains not less than 0.5% but not more than 1.15% alcohol by volume.

Note The labelling provisions are set out in Standard 1.2.1.

(2) For paragraph (1)(a), the alcohol content must be expressed in mL/100 g, mL/100 mL or as the percentage of alcohol by volume.

(3) For paragraph (1)(b) or (c), the alcohol content must be expressed in words to the effect ‘CONTAINS NOT MORE THAN X% ALCOHOL BY VOLUME’.

(4) The statement must be accurate to within:

(a) for beer, cider or perry—0.3% alcohol by volume;

(b) for spirits, liqueurs, fortified wine, fortified fruit or vegetable wine, and all other alcoholic beverages containing more than 1.15% alcohol by volume—0.5% alcohol by volume;

(c) for wine and fruit wine (including sparkling forms), and wine products and fruit or vegetable wine products containing more than 6.5% alcohol by volume—1.5% alcohol by volume.

2.7.1—4 Statement of the number of standard drinks

(1) For the labelling provisions, a statement of the approximate number of *standard drinks in the food for sale is required for a food that:

(a) is capable of being consumed as a beverage; and

(b) contains more than 0.5% alcohol by volume, measured at 20°C.

Note The labelling provisions are set out in Standard 1.2.1.

(2) The statement must be accurate to:

(a) for a food for sale containing 10 or less *standard drinks—the first decimal place; or

(b) for a food for sale containing more than 10 standard drinks—the nearest whole number of standard drinks.

(3) A statement is not required for beverages packaged prior to 20 December 2002.

2.7.1—5 Restriction on representations of low alcohol

An alcoholic beverage which contains more than 1.15% alcohol by volume must not be represented as a low alcohol beverage.

2.7.1—6 Restriction on representation of ‘non-intoxicating’

The label on a package of a beverage containing more than 0.5% alcohol by volume must not include the words ‘non intoxicating’ or words of similar meaning.

2.7.1—7 Restriction on representation as non-alcoholic

A food containing alcohol must not be represented in a form which expressly or by implication suggests that the product is a non-alcoholic confection or non-alcoholic beverage.