Frequently Asked Questions about the Code
(updated June 2004) [ Word | pdf version ]
General Requirements
Country of Origin labelling
Ingredient labelling
Date marking of packaged food
Percentage labelling
Labelling of GM foods
Importing
May contain statements
Glycaemic Index (GI)
COMMENCEMENT & OPERATION
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Labelling
General labelling requirements
What are the general labelling requirements?
Standard 1.2.1: Application of Labelling and Other Information Requirements
This Standard sets out the exceptions to and the application of general labelling requirements for foods for retail sale and for catering. The Standard also sets out the labelling requirements for food that is not for retail sale.
Standard 1.2.2: Food Identification Requirement
This Standard requires that the following information be included on the label of on a food in order to be able to identify and trace the food in question:
Name of the food: This should be the prescribed name of the food (if any) or a description of the food sufficient to indicate the true nature of the food;
Lot identification number: For the purposes of food product recall (a food recall protocol booklet can be accessed on our website at: www.foodstandards.gov.au/_srcfiles/FIRP_5Ed_Sept02.pdf );
Name and address of supplier: The name and business address (not PO Box number) in Australia or New Zealand, of the supplier of the food;
Standard 1.2.3: Mandatory warning and advisory statements and declarations
This Standard Sets out mandatory advisory statements and declarations, which must be made in relation to certain foods or foods containing certain substances.
Clause 2 details the mandatory advisory statements and declarations required for the foods set out in column 1 of the table to clause 2 of the Standard. This table can be accessed on our website at: http://www.foodstandards.gov.au/_srcfiles/ACFA91C.pdf
Clause 3 details mandatory warning statements and declarations required for the foods set out in column 1 of the table to clause 3 of the Standard. This table can be accessed on our website at: http://www.foodstandards.gov.au/_srcfiles/ACFA91C.pdf
Clause 4 details mandatory declaration of certain substances in foods set out in the Table to clause 4:
Table to Clause 4 – As at 18 May 2004
Cereals containing gluten and their products, namely, wheat, rye, barley, oats and spelt and their hybridised strains other than where these substances are present in beer and spirits standardised in Standards 2.7.2 and 2.7.5 respectively
Crustacea and their products
Egg and egg products
Fish and fish products
Milk and milk products
Peanuts and soybeans, and their products
Added Sulphites in concentrations of 10 mg/kg or more
Tree nuts and sesame seeds and their products
Standard 1.2.4: Labelling of Ingredients
This Standard sets out specific requirements for the labeling and naming of ingredients and compound ingredients .
Standard 1.2.5: Date Marking of Packaged Food
This Standard prescribes a date marking system for packaged food and the form in which those foods must be date marked. The Standard requires packaged food, with some exceptions, to be date marked, and prohibits the sale of packaged food after the expiration of the use-by date, where such a date mark is required. In particular, clause 2 of this Standard sets out the circumstances in which a use-by date must be used instead of a best-before date.
‘ Use-by’ is used on a package of food where the food should not be consumed, after the date specified, for health and safety reasons.
‘ Best-before’ is used when the date which signifies the end of the period during which the intact package of food, if stored in accordance with any stated storage conditions, will remain fully marketable and will retain any specific qualities for which express or implied claims have been made.
Standard 1.2.6: Directions For Use and Storage
This standard requires either direction for use and / or direction for storage of food, to be included on the label, where, for reasons of health and safety, the consumer should be informed of specific use or storage requirements.
Standard 1.2.8: Nutrition Information Requirements
This Standard sets out nutrition information requirements in relation to food that is required to be labelled under this Code and for food exempt from these labelling requirements. This Standard prescribes when nutritional information must be provided, and the manner in which such information is provided. A nutrition information panel (NIP) is required on certain products ( Clause 3 of this Standard sets out the exemptions for an NIP).
Food Standard Australia New Zealand's Nutrition Panel Calculator (NPC) has been developed to provide food manufacturers with the ability to readily calculate the average nutrient content of their food products and to prepare a nutrition information panel as required under the Standard. The nutrition panel calculator can be accessed on the FSANZ website free of charge. Please see:
Clause 5 of this Standard sets out the format requirements for a NIP. If you make any nutritional claims about the product, this may trigger the need for additional information on the NIP, in accordance with Clauses 4 and 5.
The figures contained in nutrition information panels can be calculated using a number of methods including:
Standard 1.2.9: Legibility Requirements
This Standard sets out general and specific legibility requirements for the labeling of packaged foods.
Standard 1.2.10: Characterising Ingredients and Components of Food
This Standard sets out specific requirements for the declaration of the percentage of characterising ingredients and components of certain food products, which are required to be declared.
characterising component means a component of a food that -
(a) is mentioned in the name of a food; or
(b) is usually associated with the name of a food by the consumer; or
(c) is emphasised on the label of a food in words, pictures or graphics
characterising ingredient means an ingredient or category of ingredients that -
(a) is mentioned in the name of a food; or
(b) is usually associated with the name of a food by the consumer; or
(c) is emphasised on the label of a food in words, pictures or graphics;
but does not include -
(d) an ingredient or a category of ingredients which is used in small quantities for the purposes of a flavouring; or
(e) an ingredient that is the sole ingredient of a food; or
(f) a category of ingredients that comprises the whole of the food; or
(g) an ingredient or category of ingredients which, while mentioned in the name of the food, is not such as to govern the choice of the consumer, because the variation in the quantity is not essential to characterise the food, or does not distinguish the food from similar foods.
Percentage labelling applies to the characterising ingredient or component of a food. According to Clause 2 of the Standard, where the proportion of a characterising component of a food is declared in accordance with this Standard, the proportion of ingredients or category of ingredients containing that characterising component are not required to be declared.
Standard 1.2.4 defines ‘ingredient’ as ‘any substance, including a food additive, used in the preparation manufacture or handling of a food’. A component of a food that is naturally present in a food is not an ingredient of the food and therefore cannot be a characterising ingredient. For example, caffeine that is naturally present in coffee or tea is not an ingredient and therefore cannot be a characterising ingredient.
For example :
(a) Name of the food: A characterising ingredient can appear in the name of the food like with apple pie. Here- the amount (as a percentage) of apple in an apple pie must be labelled;
(b) Associated with the food by the consumer: There are no Shepherd’s in a Shepherd’s pie but lamb and potato are two ingredients associated with the food;
(c) While not appearing in the name of the food is emphasised on the label in words, pictures or graphics: As with a product sold as 'Thai Sauce' may give no preconceived idea regarding what is in the sauce however the label may carry some text that indicates that it is a creamy yoghurt and coriander sauce in which case the yoghurt and coriander become characterising ingredients.
Can an address on a label have a PO Box number and still be ok?
A business address is the description of the premises from which the business is being operated. This does not include a postal address.
'Made In Australia' and 'Product of Australia'
What is the difference between 'Made In Australia' and 'Product of Australia'?
Detailed information regarding these descriptions is available on the Australian Competition and Consumer Commission website at: http://www.accc.gov.au/ . ' Made in ' and ' Product of ' representations are not mandatory labelling requirements under the Code, provision of this information is regulated by the Trade Practices Act 1974.
`Made in´ representations
- substantial transformation in the country represented; and
- 50 per cent or greater production costs incurred in the country represented.
'Product of´ representations
- all of the significant ingredients or components of the good come from the country represented; and
- virtually all of the production/manufacturing processes associated with the good occur within the country represented.
The 'product of' definition establishes a premium label in the marketplace that can be utilised by producers and manufacturers of very high local content goods.
Ingredient labelling
Do I still use the term 'added water' on the ingredients list?
Added water is now declared in the statement of ingredients in the order of ingoing weight by comparison to the other ingredients.
Before calculating the amount of added water, you need to check the user guide to see if one of the exemptions from declaring added water can be used. There is no point calculating the amount of added water if one of the exemptions applies. If an exemption does not apply the following formula is used.
Firstly add up the weights of all the ingredients that are used to make a batch of a food. Do not include the weight of added water in this calculation unless the added water is used to reconstitute ingredients during manufacture. Do not include the weight of volatile ingredients. This weight is 'A'.
Secondly, determine the weight of final food that is being produced in the batch. This weight is 'B'.
The amount of added water or volatile ingredient in the food is calculated by subtracting 'A' from 'B' (ie. B - A). This weight is 'C'. If 'C' is less than zero then added water or the volatile ingredient does not need to be declared as it is lost during manufacture.
Added water need only be declared if it is 5% or more of the final food. To calculate this, do the following calculation:
C x 100 = D
BIf 'D' is 5 or greater then added water will need to be declared and the weight 'C' should be used to determine the order of this declaration in the ingredient list.
If 'D' is less than 5 then added water need not be declared in the ingredient list.
Date Marking of packaged food
What is the difference between a 'use-by-date' and a 'best-before-date'?
A 'use-by-date' is the date which signifies the end of the period estimated by the manufacturer that a food product can be safely consumed, in accordance with any stated storage conditions.
A 'best-before-date' is the date which signifies the end of the period that a food product, if stored in accordance with any stated storage conditions, will remain fully marketable and will retain qualities for which express or implied claims have been made.
Percentage labelling of characterising ingredients
How do we determine what is a characterising ingredient that requires percentage labelling?
The user guide to percentage labelling is now available from the website or in hard copy from ANSTAT Pty Ltd. Queries regarding this matter should be directed to the Standards Information Unit at FSANZ by email at advice@foodstandards.gov.au or by telephoning 1300 652 166 (Australia) or 0800 441 571 (New Zealand).
Labelling of genetically modified foods
When does GM labelling become mandatory?
7 December 2001.
Food Safety Standards
When do the main Food Safety Standards take effect?
Notification Requirement - 24 February 2002
Skills & Knowledge Requirement - 24 February 2002
All Other Requirements - 24 February 2001
Information regarding the status of the Food Safety Standards in each state is available at:
Further information
I have a product that I want to import, what do I need to do?
To be legally offered for sale, all imported foods must comply with food regulations in place in Australia and New Zealand. In New Zealand contact the Ministry of Agriculture and Forestry (MAF) by telephoning the switchboard on + 64 4 496 2000 or visit the MAF website at http://www.maf.govt.nz . In Australia contact the Imported Food Program at the Australian Quarantine and Inspection Service (AQIS) by telephoning the switchboard on +61 2 6272 3933 or visit the AQIS website at http://www.affa.gov.au
'May Contain' Statements
'May Contain' Statements
The joint Code does not require the labelling for cross contamination, only where it is an ingredient, and ingredient of a compound ingredient, a food additive or component of a food additive or a processing aid or a component of a processing aid, as per Standard 1.2.3 clause 4.The use of the term 'may contain ...' by manufacturers will not render their product compliant with clause 4 of Standard 1.2.3 where the relevant allergen is present, as the clause states that the presence must be declared. 'May contain' only indicates a possibility of presence, not a certainty of presence, the latter being what the clause requires. 'May contain' statements are regarded by FSANZ as being voluntary statements and are not regulated in the Code, you may wish to seek independent legal advice regarding this issue
Glycemic Index (G I)
Any claims made on the label of foods need to comply with the relevant regulations in the Code, as well as fair trading laws. Fair trading laws require that any statements made on labels are 'not misleading or deceptive'. Therefore any criteria that are developed for a claim about the glycemic index (GI) of a food needs to be scientifically sound and any statements made on the label about the glycemic index of the food must not mislead consumers.
There are no specific provisions about the glycemic index stipulated in the Code. We would suggest that since the glycemic index does not fit within the mandated format of the Nutrition Information Panel (NIP), the GI of the food should be declared in close proximity to the NIP. The GI cannot replace CHO total or sugars in the nutrition information panel (NIP) because CHO total and sugars are mandatory nutrients in the NIP.
If a claim is made about the GI of a food it may be considered a nutrition claim and such claims are permitted. In addition, if there were any statements on the label that indicated that the product was suitable for people with diabetes this would contravene Standard 1.1A.2 - prohibition on health claims.
The analytical methods for determining the GI of foods are not provided for by theCode. The values can be determined by in vitro or in vivo testing, and there are pros and cons to each of these approaches. A GI Symbol Program has been launched by the Biochemistry Department of the university of Sydney. This program does not involve FSANZ. However, more information about analysing foods for their GI content and the GI Symbol Program is available from the Biochemistry Department of the University of Sydney website at http://www.glycemicindex.com/
Food Standards Australia New Zealand
Australia PO Box 7186 Email : info@foodstandards.gov.au | New Zealand PO Box 10559 Ph: 64 4 473 9942 Email : info@foodstandards.govt.nz |