Schedule 9 Mandatory advisory statements and declarations 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. Standard 1.2.3 is a standard for the information requirements relating to warning statements, advisory statements, and declarations. Standard 2.9.5 contains similar information requirements for food for special medical purposes. This Standard lists mandatory advisory statements for subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a); and mandatory declarations for subsection 1.2.3—4(1). 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. S9—1 Name This Standard is Australia New Zealand Food Standards Code – Schedule 9 – Mandatory advisory statements and declarations. 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. S9—2 Mandatory advisory statements For subsection 1.2.3—2(1) and paragraph 2.9.5—10(2)(a), the table is: Mandatory advisory statements Item Column 1 Column 2 Food Advisory statement indicating that … 1 (a) Bee pollen. the product contains bee pollen which can cause severe allergic reactions. (b) A food containing bee pollen as an ingredient. 2 (a) A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains less than 3% m/m protein. the product is not suitable as a complete milk replacement for children under 5 years. (b) An evaporated or dried product made from cereals, nuts, or seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains less than 3% m/m protein. 3 (a) A beverage made from cereals, nuts, seeds, or a combination of those ingredients, and that contains: the product is not suitable as a complete milk replacement for children under 2 years. (i) no less than 3% m/m protein; and (ii) no more than 2.5% m/m fat. (b) An evaporated or dried product made from cereals, nuts, seeds, or a combination of those ingredients, and that when reconstituted as a beverage according to directions for direct consumption, contains: (i) no less than 3% m/m protein; and (ii) no more than 2.5% m/m fat (c) Milk, or an analogue beverage made from soy, that contains no more than 2.5% m/m fat. (d) Evaporated milk, dried milk, or an equivalent product made from soy, that, when reconstituted as a beverage according to directions for direct consumption, contains no more than 2.5% m/m fat. 4 A food that contains aspartame or aspartame-acesulphame salt. the food contains phenylalanine. 5 A food that contains quinine. the food contains quinine. 6 A food that contains guarana or extracts of guarana. the food contains caffeine. 7 A food that contains added phytosterols, phytostanols or their esters. (a) when consuming this product, it should be consumed as part of a healthy diet; and (b) the product may not be suitable for children under 5 years and pregnant or lactating women; and (c) plant sterols do not provide additional benefits when consumed in excess of 3 grams per day. 8 (a) A cola beverage that contains added caffeine. the product contains caffeine. (b) A food that contains a cola beverage that also contains added caffeine as an ingredient. 9 (a) Propolis. the product contains propolis which can cause severe allergic reactions. (b) A food that contains propolis as an ingredient. 10 Unpasteurised egg products. the product is unpasteurised. 11 (a) Unpasteurised milk. the product has not been pasteurised. (b) Unpasteurised liquid milk products. S9—3 Mandatory declarations (1) For Division 3 of Standard 1.2.3, a reference to the table to section S9—3 is a reference to the table to subsection (3). (2) For the purposes of the table to subsection (3): (a) the definition of fish in subsection 1.1.2—3(2) does not apply; and (b) fish excludes crustacea and molluscs; and (c) mollusc means a marine mollusc. (3) The table to this subsection is: Mandatory declarations Item Column 1 Column 2 Column 3 Column 4 Food Exemption Required name for declarations in a statement of ingredients Required name for other declarations 1 added sulphites in concentrations of 10 mg/kg or more sulphites sulphites 2 Any of the following cereals (including hybridised strains thereof) if they contain *gluten: the cereal or its hybridised strain that is present in beer or spirits barley barley gluten oats oats gluten rye rye gluten 3 wheat (including its hybridised strain) irrespective of whether it contains gluten (a) the wheat or its hybridised strain that is present in beer or spirits; wheat (a) wheat; and (b) glucose syrups made from wheat starch and that: (b) if gluten is present - gluten. (i) have been subject to a refining process that has removed gluten protein content to the lowest level that is reasonably achievable; and (ii) have a gluten protein content that does not exceed 20 mg/kg; (c) alcohol distilled from wheat. 4 Any of the following tree nuts: almond almond almond Brazil nut Brazil nut Brazil nut cashew cashew cashew hazelnut hazelnut hazelnut macadamia macadamia macadamia pecan pecan pecan pine nut pine nut pine nut pistachio pistachio pistachio walnut walnut walnut 5 crustacea crustacean crustacean 6 egg egg egg 7 fish isinglass derived from fish swim bladders and used as a clarifying agent in beer or wine fish fish 8 lupin lupin lupin 9 milk alcohol distilled from whey milk milk 10 mollusc mollusc mollusc 11 peanut peanut peanut 12 sesame seed sesame sesame 13 soybean (a) soybean oil that has been degummed, neutralised, bleached and deodorised; soy, soya or soybean soy (b) soybean derivatives that are tocopherol or phytosterol. ____________________ Application, saving and transitional provisions The table below details information on application, saving or transitional provisions in instruments affecting this Standard. Food Standards (Proposal P1044 – Plain English Allergen Labelling) Variation Instrument items affected A'ment No. FRL registration Instrument's transitional provision Description of transitional arrangement Gazette Item [6] of the Schedule 197 F2021L00145 Clause 4 Clause 4 a transitional arrangement for variations to the Code made by Item [6.1], [6.2], [6.3] and [6.4] of the Schedule. 24 Feb 2021 FSC138 The transition period is the period of time that commences on 25 February 2021 and ends on 25 February 2024. 25 Feb 2021 The post-transition period is the period of time that commences 26 February 2024 and ends on 26 February 2026. Subclause 4(1) provides that section 1.1.1—9 of the Code does not apply to the variations. Subclause 4(2) provides that during the transition period a food product may be sold if the product complies with one of the following: (a) the Code as in force without the above variations; (b) the Code as amended by the above variations. Subclause 4(3) provides that a food product packaged and labelled before the end of the transition period may be sold during the post-transition period if the product complies with one of the following: (a) the Code as in force without the above variations; (b) the Code as amended by the above variations. Amendment History The Amendment History provides information about each amendment to the Schedule. The information includes commencement or cessation information for relevant amendments. These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such. About this compilation This is compilation No. 2 of Schedule 9 as in force on 25 February 2021 (up to Amendment No. 197). It includes any commenced amendment affecting the compilation to that date. Prepared by Food Standards Australia New Zealand on 1 March 2021. Uncommenced amendments or provisions ceasing to have effect To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Schedule as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislation including or omitting those amendments and provided in the Amendment History once the date is passed. The following abbreviations may be used in the table below: ad = added or inserted am = amended exp = expired or ceased to have effect rep = repealed rs = repealed and substituted Schedule 9 was published in the Food Standards Gazette No. FSC96 on 10 April 2015 as part of Amendment 154 (F2015L00479 –- 2 April 2015) and has since been amended as follows: Section affected A'ment No. FRL registration Commencement How affected Description of amendment Gazette (Cessation) table to S9—2 161 F2016L00115 1 Sept 2016 rs Items 2 and 3 to include permissions for products made from nuts and seeds. 17 Feb 2016 FSC103 22 Feb 2016 S9 197 F2021L00145 25 Feb 2021 am Amendment to S9 heading to include 'declarations' 24 Feb 2021 FSC138 For application, saving and transitional provisions, see above table 25 Feb 2021 S9—3 197 F2021L00145 25 Feb 2021 ad Inserting S9—3 'Mandatory declarations' 24 Feb 2021 FSC138 For application, saving and transitional provisions, see above table 25 Feb 2021