The following clauses from Chapters 1 and 2 of the Australia New Zealand Food Standards Code have been assessed as suitable for prescribing as infringement offences. Note: It is anticipated that the standard and clause numbering referred to below will change as a result of the Code restructure currently being undertaken.
Chapter 1 – General Food Standards
Standard Descriptor Clause Requirement Fee
1.1.1 Preliminary Provisions – Application, Interpretation and General Prohibitions
11(1) The label on a package of food must not be altered, removed, erased, obliterated or obscured except with permission of the relevant authority. (Note sub-clause 2 allows for “over-labelling)
$650
1.2.2 Food
Identification Requirements
1(1) The label on the package of food must include the prescribed name, name, or description that indicates the true nature of the Food –
An agreed MPI definition of the true nature of food will be developed for enforcement guidance
$300
2 The label on the package of food must include Lot identification $450
3(1) The label on the package of food must include the name and business address in Australia or New Zealand of the supplier of the food
$450 1.2.3 Mandatory Warning and Advisory Statements and Declarations
2(1) The label on the package of food must include an advisory statement
Some substances will be excluded as alternative enforcement mechanisms are preferred
$450 5(1) The label on a package of food must include an advisory statement to the effect that excess
consumption of the food may have a laxative effect
$450
1.2.4 Labelling of Ingredients
2 The label on a package of food must include a statement of ingredients $300 3 The statement of ingredients must list every ingredient in the food $450
4 Ingredients must be declared in the statement of ingredients using common, descriptive or generic names
An agreed MPI position on what constitutes common, descriptive and generic names will be developed for enforcement guidance
$300
1.2.5 Date Marking of Packaged Food
4(1) a best-before date must use the words “Best Before” and be accompanied by the date $450 4(2) a use-by date must use the words “Use By” and be accompanied by the date
4(3) a baked-for date must use the words “Baked for” or “Bkd for” and be accompanied by the date 4(4) a baked-on date must use the words “Baked On” or “Bkd On” and be accompanied by the date 5(1) If the best-before date or use-by date is not more than 3 months from the date applied, the date mark
must consist at least of the day and month in that order
$450 5(2) If the best-before date or use-by date is more than 3 months from the date applied, the date mark must
consist at least of the month and the year in that order
5(3) The best-before date and the use-by date must be expressed in numerical form except for the month which may be expressed in letters.
$300 5(4) The day, month and year so expressed within the best-before or use-by date must be distinguishable. $450 6 The label on a package of food must include a statement of any storage conditions required to ensure
that the food will keep for the period indicated by the use-by or best-before date
$450 7(1) The label on a package of food must not include a date marking system other than that prescribed by
this standard (and noting clause 2 that states, “Subclause (1) does not preclude the label on a package of food from including a packed-on date or a manufacturer’s or packer’s code in addition to the required use-by date or best-before date.”)
$300
1.2.8 Nutrition Information Requirements
3 The label on a package of food must include a nutrition information panel (see exceptions) $300 5(1) The prescribed declarations for inclusion in a NIP [detailed in subclauses 5(1)(a) – 5(1)(h)] must be
set out in the prescribed NIP format
5(1)(a) A nutrition information panel must include the number of servings of the food
5(1)(b) A nutrition information panel must include the average quantity of the food in a serving expressed, in the case of a solid or semi-solid food, in grams or, in the case of a beverage or other liquid food, in millilitres
5(1)(c) A nutrition information panel must include the unit quantity of the food (100g or 100ml)
5(1)(d) A nutrition information panel must include the average energy content, expressed in kilojoules or both in kilojoules and in calories (kilocalories), of a serving of the food and of the unit quantity of the food
5(1)(e) A nutrition information panel must include the average quantity of protein, fat, saturated fat, carbohydrate and sugars in a serving of the food and in a unit quantity of the food (in g or ml as appropriate)
5(1)(f) A nutrition information panel must include the average quantity of sodium in a serving of the food and in the unit quantity of the food
5(1)(g) A nutrition information panel must include the name and the average quantity of any other nutrient or biologically active substance in respect of which a claim requiring nutrition information is made, in appropriate units, that is in a serving of the food and in the unit quantity of the food
5(2)(a) A nutrition information panel must clearly indicate that the average quantities are average quantities 5(2)(b) A nutrition information panel must clearly indicate any minimum and maximum quantities set out in
the panel are minimum and maximum quantities
5(4) The nutrition information panel must include declarations of the trans, polyunsaturated and monounsaturated fatty acids in accordance with subclause (7), where a claim requiring nutrition information is made about or based on cholesterol or saturated; trans, polyunsaturated or monounsaturated fatty acids; or omega-3, omega-6 or omega-9 fatty acids
5(5) The nutrition information panel must include declarations of the presence or absence of dietary fibre in accordance with subclause (7) where a claim requiring nutrition information is made based on fibre; or any specifically named fibre; or sugars; or any other type of carbohydrate
5(5A) Zero(O) must be used to indicate the absence of dietary fibre
6(1) The average energy content, and average or minimum or maximum quantities of nutrients and biologically active substances must be expressed in the panel to not more than three significant figures
7(2)(b) If percentage daily intake information is included in a panel – the following matters must be included in the panel – (i) the percentage daily intake of energy, fat, saturated fatty acids, carbohydrate, sugars, protein and sodium per serving; and either of the following statements –“* based on an average diet of 8700kJ” or “Percentage daily intakes are based on an average adult diet of 8700kJ”
7(A)(1) & (2)
If a vitamin or mineral claim is made and the V or M has a RDI, then the % of the V or M contributed by one serving of the food must be set out in the NIP
8(2) Food in Small Packages (that make a claim requiring nutrition information) – The label must include a declaration of the average quantity of the food in a serving expressed – (a) in the case of a solid or semi-solid food, in grams; or (b)in the case of a beverage or other liquid food, in millilitres
8(3) … if a claim requiring nutrition information is made about a matter in Column 1 of the Table to this subclause, the label must include the particulars specified in Column 2 (see table)
quantities unless specified in the Table to subclause (3); and must clearly indicate whether the particulars are minimum, maximum or average quantities.
9 Food in dehydrated or concentrated form – Where a food in dehydrated or concentrated form is labelled with directions that indicate that the food should be reconstituted with water before
consumption, the label on the package of that food must include the particulars set out in each column of the panel expressed as a proportion of the food as so reconstituted
10 Food intended to be drained before consumption -The label on a package of food with directions indicating that the food should be drained before consumption, must include the particulars set out in each column of the panel expressed as a proportion of the drained food, and must clearly indicate that the particulars set out in each column of the panel relate to the drained food
1.2.9 Legibility Requirements
2(1) Each word, statement, expression or design prescribed to be contained, written or set out in a label must, wherever occurring, be so contained, written or set out legibly and prominently such as to afford a distinct contrast to the background, and in the English language
$450
Chapter 2 – Food Product Standards
Standard Descriptor Clause Requirement Fee
2.2.1 Meat and Meat Products
4 Declaration of the presence of offal in food
4(1) (a) The presence of offal in a food must be declared in the statement of ingredients; or (b) where the food is not required to bear a label, otherwise declared to the purchaser
$300
4(2) The presence of brain, heart, kidney, liver, tongue or tripe in a food must be declared as “offal” or by the specific name of the type of offal
$300 4(3) The presence of any other type of offal in a food must be declared by the specific name of the type of
offal.
$300 6 Information required in relation to raw meat joined or formed into the semblance of a cut of
meat.
Where raw meat which has been formed or joined in the semblance of a cut of meat using a binding system without the application of heat, whether coated or not, a declaration that the meat is either formed or joined, in conjunction with cooking instructions indicating how the microbiological safety
of the product can be achieved
(a) must be included in the label; or $300
(b) if the food is not required to be labelled, must be provided to the purchaser $300 8 Labelling of fermented comminuted processed meat
8(1) The following names are prescribed for fermented comminuted processed meat
(a) in the case of fermented comminuted processed meat which has not been heat treated or cooked – “fermented processed meat – not heat treated”; and
$300 (b) in the case of fermented comminuted processed meat which has been heat treated “fermented
processed meat – heat treated”; and
$300 (c) in the case of fermented comminuted processed meat which has been cooked –“fermented
processed meat – cooked”
$300 9 Labelling of fermented comminuted manufactured meat
9(1) The following names are prescribed for fermented comminuted manufactured meat
(a) in the case of fermented comminuted manufactured meat which has not been heat treated or cooked – “fermented manufactured meat – not heat treated”; and
$300
(b) in the case of fermented comminuted manufactured meat which has been heat treated –“fermented manufactured meat – heat treated”; and
$300 (c) in the case of fermented comminuted manufactured meat which has been cooked –“fermented
manufactured meat – cooked”
$300 9(2) If the label on a package containing fermented comminuted manufactured meat has a trade name, that
trade name must have in association therewith, the following word or words
(a) in the case of fermented comminuted manufactured meat which has not been heat treated or cooked –“fermented”; and
$300 (b) in the case of fermented comminuted manufactured meat which has been heat treated –
“fermented heat treated”; and
(c) in the case of fermented comminuted manufactured meat which has been cooked –“fermented cooked”.
$300 9(3) Except as specified in subclause (1) and subclause (2), the label on a package of fermented
comminuted manufactured meat must not refer to any heating process, unless the heating process is a cooking instruction for the consumer
$300
10 Unpackaged fermented comminuted manufactured meat and fermented comminuted processed meat products
Where fermented comminuted manufactured meat or fermented comminuted processed meat product is offered for sale other than in a package, the prescribed name of the food must be displayed in connection with the food, provided that in the case of
(a) fermented comminuted manufactured meat which has not been heat treated or cooked; the words “not heat treated” may be omitted.
$300 (b) fermented comminuted processed meat product which has not been heat treated or cooked;
the words “not heat treated” may be omitted.
$300 2.2.3 Fish and Fish
Products
2 Labelling etc of formed or joined fish
Where raw fish has been formed or joined in the semblance of a cut or fillet of fish using a binding system without the application of heat, whether coated or not, a declaration that the fish is either formed or joined, in conjunction with cooking instructions indicating how the microbiological safety of the product can be achieved –
(a)must be included on the label on the package of the fish; or $300 (b) if the food is not required to be labelled, must be provided to the purchaser $300 2.6.1 Fruit Juice and
Vegetable Juice
3(1) Labelling of juice blend
Subject to subclause (2), the label on a package of juice blend must include
(a) the names of each juice present in the blend; and $300
[(2) Subclause (1) does not apply to orange juice which contains no more than 10% in total of (a)mandarin juice; or (b) tangelo juice; or both.]
2.6.2 Non alcoholic beverages and brewed soft drinks
2B Labelling of packaged water
2B(1) The label on water presented in packaged form with added fluoride must contain a statement to the effect that the product contains added fluoride
[(2), (3), and (4) relate to a voluntary provision to include a typical analysis of the water.]
$300
7 Labelling of electrolyte drinks and electrolyte drink bases
The label on a package of electrolyte drink or electrolyte drink base, must include a declaration, as ready to drink –
(a) the average per 100 mL –
(i) energy value; and $300
(ii) total carbohydrate present, including each type of monosaccharide and disaccharide; and $300 (iii) milligrams and millimoles of the added minerals and electrolytes; and $300
(b) the recommended volume and frequency of use $300
2.6.4 Formulated Caffeinated Beverages
3 Labelling
3(1) The label on a package of formulated caffeinated beverage must include declarations of the average quantities, per serving size and per 100 mL of –
(a) caffeine, expressed in milligrams; and $300
(b) the substances listed in column 1 of the Table to subclause 2(2), where present, expressed in the units included in column 2 of the Table
$300 3(3) The label on a package of formulated caffeinated beverage must include advisory statements to the
effect that
(a) the food contains caffeine; and $300
(b) the food is not recommended for (i) children; and
(ii) pregnant or lactating women; and (iii) individuals sensitive to caffeine
4 The label on a package of formulated caffeinated beverage that contains one or more of the substances in the Table to subclause 2(2) must include an advisory statement to the effect that – “Consume no more than [amount of one-day quantity (as cans, bottles or ml)] per day”
$300
5 Where a formulated caffeinated beverage is not required to bear a label pursuant to clause 2 of Standard 1.2.1, the advisory statements under subclauses 3(3) and 3(4) must be (a) displayed on or in connection with the display of the food; or (b) provided to the purchaser on request
$300
7 The label on a package of formulated caffeinated beverage must not include declarations of the quantities of vitamins present in the food expressed as a proportion or multiple of the
(a) Recommended Dietary Intakes; or $300
(b) Estimated Safe and Adequate Daily Dietary Intakes; of that vitamin. $300
2.7.1 Labelling of Alcoholic Beverages and Food Containing Alcohol
2 Declaration of alcohol by volume $300
2(1) The label on a package of food listed in column 1 of the Table to this subclause must include a statement of the alcohol content in the corresponding form specified in column 2.
3 Standard drink labelling
3(1) (1) Subject to subclause (2), the label on a package of a beverage or a food capable of being
consumed as a beverage, which contains more than 0.5 % alcohol by volume, measured at 20⁰C, must include a statement of the approximate number of standard drinks in the package
(a) in the case of packages containing 10 or less standard drinks, accurate to the first decimal place; or $300 (b) in the case of packages containing more than 10 standard drinks, accurate to the nearest whole
number of standard drinks.
$300
2.8.2 Honey 3 Prescribed name
The word “honey” is a prescribed name
$300 2.9.2 Foods for
Infants
5 Labelling
5(3) The label on a package of food for infants must include
(b) a statement indicating the minimum age, expressed in numbers, of the infants for whom the food is recommended; and
$300
(c) where the food is recommended for infants between the ages of 4–6 months, in association with the statement required by paragraph (b), the words “Not recommended for infants under the age of 4 months”; and
$300
(d) where the added sugars content of the food for infants is more than 4 g/100 g, the word “sweetened”; and
$300
(e) where honey has been used as an ingredient, in association with the word “honey”, the word – “sterilised”
$300
6 Additional labelling requirements relating to specific nutrients and energy information. (1) In this clause, food source of protein means milk, eggs, cheese, fish, meat (including poultry), nuts and legumes
6(1A) Where a reference is made in the label on a package of food for infants (including in the name of the food) to a food source of protein, the percentage of that food source of protein in the final food must be declared in the label
$300
6(2) Where a food for infants contains more than of 3 g/100 kJ of protein, the label on the package must include the words “Not suitable for infants under the age of 6 months”.
$300
7 Representations
7(2) The label on a package of food for infants must not include a recommendation that the food can be added to bottle feeds of an infant formula product
$300
9 Nutrition information
9(2) The nutrition information panel for food for infants must be set out in the specified format $300 10 Food in dehydrated or concentrated form
10(1) The label on a package of food in dehydrated or concentrated form must include directions for how the food should be reconstituted, and the particulars set out in each column of the panel must be
expressed as a proportion of the food as reconstituted according to those directions.
10(2) If more than one fluid for preparing the food is nominated in the label, the particulars set out in the column should be adjusted according to the first liquid nominated and the name of this liquid must be included in the Nutrition Information Panel
$300
11 Storage requirements
The label on a package of food for infants must contain storage instructions covering the period after it is opened
$300
3 Labelling of formulated meal replacements
3(1) Subject to subclause (2), the nutrition information panel on the label on a package of formulated meal replacement must include a declaration of the average quantities of the vitamins and minerals present in the food and
(a) listed in column 1 of Table 1 to the Schedule; and $300
(b) listed in column 1 of Table 2 to the Schedule, and have been added to the food $300 3(2) A claim as to the presence in a formulated meal replacement of a vitamin or mineral listed in column
1 of Table 1 or Table 2 in the Schedule may be made on the label on a package of formulated meal replacement, provided that
(a) no less than 10% of the RDI or ESADDI of that vitamin or mineral is present in a serving of the