Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation (Cth)

Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation

The Board of Food Standards Australia New Zealand gives notice of the making of this variation under section 92 of the Food Standards Australia New Zealand Act 1991. The variation commences on the date specified in clause 3 of this variation.

9 August 2022

Matthew O'Mullane Delegate of the Board of Food Standards Australia New Zealand

Note: This variation will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. This means that this date is the gazettal date for the purposes of clause 3 of the variation.

1 Name This instrument is the Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) Variation.

2 Variation to Standards in the Australia New Zealand Food Standards Code The Schedule varies Standards in the Australia New Zealand Food Standards Code.

3 Commencement The variation commences on the date of gazettal.

4 Effect of the variations made by this instrument

(1) Section 1.1.1—9 of Standard 1.1.1 does not apply to the variations made by this instrument.

(2) During the transition period, a food product may be sold if the food product complies with one of the following:

(a) the Code as in force without the variations made by this instrument; or

(b) the Code as amended by the variations made by this instrument.

(3) For the purposes of this clause, transition period means the period commencing on the variation's date of commencement and ending 24 months after the date of commencement.

Schedule [1] Standard 1.1.2 is varied by omitting the definition of 'electrolyte drink' in subsection 1.1.2—3(2), substituting electrolyte drink means a drink formulated for the rapid replacement of fluid, carbohydrate and electrolytes during or after 60 minutes or more of sustained strenuous physical activity. [2] Standard 1.2.1 is varied by omitting paragraph 1.2.1—8(1)(t), substituting (t) the declarations and other information required for electrolyte drinks and for electrolyte drink bases (see Standard 2.6.2); [3] Standard 2.6.2 is varied by [3.1] inserting after Note 2 to the Standard Division 1 Preliminary [3.2] omitting section 2.6.2—2, substituting 2.6.2—2 Definitions Note 1 In this Code (see section 1.1.2—2): average quantity, of a substance in a food, means the average, for such foods from that producer or manufacturer, of: (a) where a serving or reference amount is specified—the amount of the substance that such a serving or reference amount contains; or (b) otherwise—the proportion of that substance in the food, expressed as a percentage. Note See also section 1.1.1—6. claim means an express or implied statement, representation, design or information in relation to a food or a property of food which is not mandatory in this Code. claim requiring nutrition information: (a) means: (i) a nutrition content claim; or (ii) a health claim; and (b) does not include: (i) a declaration that is required by an application Act; or (ii) an endorsement; or (iii) a *prescribed beverage gluten free claim. health claim means a claim which states, suggests or implies that a food or a property of food has, or may have, a health effect. Note See also subsection 2.10.2—8(3). package: (a) means any container or wrapper in or by which food for sale is wholly or partly encased, covered, enclosed, contained or packaged; and (b) if food is carried or sold or intended to be carried and sold in more than one package—includes each package; and (c) does not include: (i) a *bulk cargo container; or (ii) a pallet overwrap; or (iii) a crate and packages which do not obscure labels on the food; or (iv) a transportation vehicle; or (v) a vending machine; or (vi) a hamper; or (vii) a container or wrapper (including a covered plate, cup, tray or other food container) in which food is served in a prison, hospital or *medical institution; or (viii) for Standard 2.9.5—a covered plate, cup, tray or other food container in which food for special medical purposes is served by a *responsible institution to a patient or resident. prescribed name, of a particular food, means a name declared by a provision of this Code to be the prescribed name of the food. Note Under the labelling provisions in Standard 1.2.1 and section 1.2.2—2, if a food has a prescribed name, it must be used in the labelling of the food. property of food means a *component, ingredient, constituent or other feature of food. small package means a package with a surface area of less than 100 cm2. sugars: (a) in Standard 1.2.7, Standard 1.2.8 and Schedule 4 (except where it appears with an asterisk as 'sugars*')—means monosaccharides and disaccharides; and (b) otherwise—means any of the following products, derived from any source: (i) hexose monosaccharides and disaccharides, including dextrose, fructose, sucrose and lactose; (ii) starch hydrolysate; (iii) glucose syrups, maltodextrin and similar products; (iv) products derived at a sugar refinery, including brown sugar and molasses; (v) icing sugar; (vi) invert sugar; (vii) fruit sugar syrup; but does not include: (i) malt or malt extracts; or (ii) sorbitol, mannitol, glycerol, xylitol, polydextrose, isomalt, maltitol, maltitol syrup, erythritol or lactitol. Note Sugar is defined differently—see section 1.1.2—3. unit quantity means: (a) for a food that is a solid or semi-solid food—100 grams; or (b) for a food that is a beverage or other liquid food—100 millilitres.