Federal Register of Legislation
Standard 1.1.2 Definitions used throughout the Code
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.
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. 1.1.2—1 Name This Standard is Australia New Zealand Food Standards Code – Standard 1.1.2 – Definitions used throughout the Code. 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. 1.1.2—2 Definitions—general
Note Definitions for foods are provided in section 1.1.2—3. (1) Subject to subsection (2), a term used in this Code that is also used in the *FSANZ Act has the same meaning as in the FSANZ Act, unless the contrary intention appears. (2) In applying this Code under an application Act, a term used in this Code that is also used in the *application Act has the same meaning as in the application Act, unless the contrary intention appears. Example A contrary intention is apparent in the definition of label in subsection 1.1.2—2(3). (3) In this Code, unless the contrary intention appears, the following definitions apply: additive permitted at GMP—see section 1.1.2—11. agvet chemical means an agricultural chemical product or a veterinary chemical product, within the meaning of the Agvet Code. Note The Agvet Code is the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (Cth). See subsection 4(1) of the FSANZ Act. amino acid modified food—see section 2.9.6—2. AS/NZS means a joint Australia New Zealand Standard published by Standards Australia. application Act means an Act or Ordinance of a *jurisdiction under which the requirements of this Code are applied in the jurisdiction. AS means an Australian Standard published by Standards Australia. assisted service display cabinet means an enclosed or semi-enclosed display cabinet which requires a person to serve the food as requested by the purchaser. authorised officer, in relation to a jurisdiction, means a person authorised or appointed under an application Act or other legislation of the relevant *jurisdiction for the purposes of enforcement of a provision of the relevant application Act, or for purposes that include that purpose. available carbohydrate means available carbohydrate calculated in accordance with section S11—3. available carbohydrate by difference means available carbohydrate by difference calculated in accordance with section S11—3. average energy content means the average energy content calculated in accordance with section S11—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. baked-for date, in relation to bread, means: (a) if the time at which the bread was baked is before midday—the baked-on date; (b) if the time at which the bread was baked is on or after midday—the day after the baked-on date. baked-on date, in relation to bread, means the date on which the bread was baked. bear a label: a food for sale is taken to bear a label of a specified kind or with specified content if either of the following is part of or attached to the packaging of the food: (a) a label of that kind or with that content; (b) labels that together are of that kind or have that content. best-before date, for a food for sale, means the date up to which the food will remain fully marketable and will retain any specific qualities for which express or implied claims have been made, if the food: (a) remains in an intact package during its storage; and (b) is stored in accordance with any storage conditions applicable under Standard 1.2.6. biologically active substance means a substance, other than a nutrient, with which health effects are associated. biomarker means a measurable biological parameter that is predictive of the risk of a *serious disease when present at an abnormal level in the human body. bulk cargo container: (a) means an article of transport equipment, being a lift van, movable tank, shipping container, aircraft cargo container or other similar structure: (i) of a permanent character and accordingly strong enough to be suitable for repeated use; and (ii) specifically designed to facilitate the carriage of goods by one or more modes of transport, without immediate repacking; and (iii) fitted with devices permitting its ready handling and its transfer from one mode of transport to another; and (iv) so designed as to be easy to fill and empty; and (v) having an internal volume of one cubic metre or more; and (b) includes the normal accessories and equipment of the container, when imported with the container and used exclusively with it; and (c) does not include any vehicle, or any ordinary packing case, crate, box, or other similar article used for packing. business address means the street address, or a description of the location, of the premises from which a business is being operated. carbohydrate, other than in the definition of beer (section 1.1.2—3), means *available carbohydrate or *available carbohydrate by difference. caterer means a person, establishment or institution (for example, a catering establishment, a restaurant, a canteen, a school, or a hospital) which handles or offers food for immediate consumption. characterising component—see section 1.1.2—4. characterising ingredient—see section 1.1.2—4. 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. Code, or this Code, means the Australia New Zealand Food Standards Code. code number, used in relation to a substance *used as a food additive, means either: (a) the number set out in the table to Schedule 8 in relation to that substance; or (b) that number preceded by the letter 'E'. colouring permitted at GMP—see section 1.1.2—11. colouring permitted to a maximum level—see section 1.1.2—11. comminuted means chopped, diced or minced. component, of a food, means a substance that is present as a constituent part of the food (as distinct from an ingredient). Example If sodium bicarbonate is used as an ingredient to produce a food, it will be changed by the cooking into carbon dioxide and salts; the salts are identifiable as components of the food. compound ingredient: an ingredient of a food is a compound ingredient if it is itself made from two or more ingredients. dietary fibre means that fraction of the edible part of plants or their extracts, or synthetic analogues that: (a) is resistant to digestion and absorption in the small intestine, usually with complete or partial fermentation in the large intestine; and (b) promotes one or more of the following beneficial physiological effects: (i) laxation; (ii) reduction in blood cholesterol; (iii) modulation of blood glucose; and includes: (c) polysaccharides or oligosaccharides that have a degree of polymerisation greater than 2; and (d) lignins. endorsement means a nutrition content claim or a health claim that is made with the permission of an endorsing body. endorsing body means a not-for-profit entity that: (a) has a nutrition- or health-related purpose or function; and (b) permits a *supplier to make an endorsement. ESADDI means Estimated Safe and Adequate Daily Dietary Intake—see section 1.1.2—10. extraneous residue limit or ERL, for an *agvet chemical in a food, means the amount identified in Schedule 21 for that agvet chemical in that food. fat, in Standards 1.2.7 and 1.2.8 and Schedules 4 and 11, means total fat. flavouring substance means a substance that is used as a food additive to perform the technological purpose of a flavouring in accordance with this Code. food—see subsection (2) (the term has the same meaning as in the relevant application Act). Note Each of the various application Acts has a definition of food. These all have a similar effect and make the concept very broad, effectively covering anything that is intended or offered for human consumption. Food Act means the Food Act 2014 (NZ). food additive—see used as a food additive, section 1.1.2—11. food group means any of the following groups: (a) bread (both leavened and unleavened), grains, rice, pasta and noodles; (b) fruit, vegetables, herbs, spices and fungi; (c) milk, skim milk, cream, fermented milk, yoghurt, cheese, processed cheese, butter, ice cream, condensed milk, dried milk, evaporated milk, and dairy analogues derived from legumes, cereals, nuts, seeds, or a combination of these ingredients listed in section S17—4; (d) meat, fish, eggs, nuts, seeds and dried legumes; (e) fats including butter, edible oils and edible oil spreads. food produced using gene technology means a food which has been derived or developed from an organism which has been modified by gene technology. Note This definition does not include food derived from an animal or other organism which has been fed food produced using gene technology, unless the animal or other organism is itself a product of gene technology. FSANZ means Food Standards Australia New Zealand. FSANZ Act means the Food Standards Australia New Zealand Act 1991 (Cth). fund raising event means an event that raises funds solely for a community or charitable cause and not for personal financial gain. galacto-oligosaccharides means a mixture of the substances produced from lactose by enzymatic action, comprised of between two and eight saccharide units, with one of these units being a terminal glucose and the remaining saccharide units being galactose, and disaccharides comprised of two units of galactose. gene technology means recombinant DNA techniques that alter the heritable genetic material of living cells or organisms. general level health claim means a health claim that is not a high level health claim. general level health claims table means the table to section S4—5. geographical indication—see section 2.7.5—4. gluten means the main protein in wheat, rye, oats, barley, triticale and spelt relevant to the medical conditions coeliac disease and dermatitis herpetiformis. glycaemic index (GI) means a measure of the blood glucose raising ability of the digestible carbohydrates in a given food as determined by a recognised scientific method. GMP or Good Manufacturing Practice, with respect to the addition of substances used as food additives and substances used as processing aids to food, means the practice of: (a) limiting the amount of substance that is added to food to the lowest possible level necessary to accomplish its desired effect; and
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