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.

Maximum levels of contaminants and natural toxicants are regulated by subsection 1.1.1—10(5) and Standard 1.4.1. This Standard lists contaminants and natural toxicants for food for subsection 1.4.1—3(1), and sets out the requirements for and method of calculating the level of mercury in fish for subsection 1.4.1—3(2).

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.

S19—1 Name

This Standard is Australia New Zealand Food Standards Code – Schedule 19 – Maximum levels of contaminants and natural toxicants.

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.

S19—2 Definitions

In this Schedule:

arsenic is taken to be a metal.

ergot means the sclerotium or dormant winter form of the fungus Claviceps purpurea.

hydrocyanic acid, total means all hydrocyanic acid including hydrocyanic acid evolved from cyanogenic glycosides and cyanohydrins during or following enzyme hydrolysis or acid hydrolysis.

MU means the unit of measurement for neurotoxic shellfish poisons described in Recommended procedures for examination of seawater and shellfish, Irwin N. (ed) fourth edition, American Public Health Association Inc.

ready-to-eat cassava chips means the product made from sweet cassava that is represented as ready for immediate consumption with no further preparation required, and includes crisps, crackers and ‘vege’ crackers.

S19—3 Calculating levels of contaminants and toxicants

(1) In this Schedule:

(a) a reference to a metal is taken to include a reference to each chemical species of that metal; and

(b) for a food for which only a portion is ordinarily consumed—a reference to the food is taken to be a reference to that portion; and

(c) in the case of seaweed—calculations are to be based on seaweed at 85% hydration; and

(d) subject to subsection S19—7(3), if food other than seaweed is dried, dehydrated or concentrated—calculations are to be based on the food or its ingredients prior to drying, dehydration or concentration.

(2) For paragraph (1)(d), calculations must be based on 1 or more of:

(a) the manufacturer’s analysis of the food; or

(b) the actual amount or *average quantity of water in the ingredients of the food; or

(c) generally accepted data.

S19—4 Maximum levels of metal contaminants

Note For mean levels of mercury in fish, crustacea and molluscs, see section S19—7.

For each metal contaminant listed below, the maximum level (in mg/kg) for a particular food is listed in relation to that food:

Maximum levels of metal contaminants

S19—5 Maximum levels of non-metal contaminants

For each non-metal contaminant listed below, the maximum level (in mg/kg unless specified otherwise) for a particular food is listed in relation to that food:

Maximum levels of non-metal contaminants

S19—6 Maximum levels of natural toxicants

(1) For each natural toxicant listed below, the maximum level (in mg/kg) for a particular food is listed in relation to that food:

Maximum levels of natural toxicants

(2) For each natural toxicant listed below, the maximum level (in mg/kg) for a particular food is listed in relation to that food:

Maximum levels of natural toxicants

S19—7 Mean and maximum levels of mercury in fish, crustacea and molluscs

(1) For subsection 1.4.1—3(2), the following table applies:

(2) For this the table in subsection (1), calculations must be done on the basis of the following number of sample units:

(a) for fish other than crustacea or molluscs:

(i) for a *lot of not more than 5 tonnes—10;

(ii) for a lot of more than 5 but not more than 10 tonnes—15;

(iii) for a lot of more than 10 but not more than 30 tonnes—20;

(iv) for a lot of more than 30 but not more than 100 tonnes—25;

(v) for a lot of more than 100 but not more than 200 tonnes—30;

(vi) for a lot of more than 200 tonnes—40;

(b) for crustacea and molluscs:

(i) for a lot of not more than 1 tonne—10;

(ii) for a lot of more than 1 but not more than 5 tonnes—15;

(iii) for a lot of more than 5 but not more than 30 tonnes—20;

(iv) for a lot of more than 30 but not more than 100 tonnes—25;

(v) for a lot of more than 100 tonnes—30;

(c) if the number of sampling units specified in paragraph (a) of (b) is not available—5.

(3) In this section, the mercury content of dried or partially dried fish must be calculated on an 80% moisture basis.

Definition of sample unit

(4) In this section:

sample unit means a sample:

(a) that has been randomly selected from the *lot being analysed; and

(b) that has been taken from the edible portion of a fish, mollusc or crustacean, whether packaged or otherwise; and

(c) that is sufficient for the purposes of analysis.

(5) Each sample unit must be taken from a separate fish, mollusc, crustacean or package of fish product.