Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods (Cth)

Schedule 25 Permitted novel foods

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.

Novel foods are regulated by paragraphs 1.1.1—10(5)(b) and (6)(f) and Standard 1.5.1. This Standard lists permitted novel foods, and specifies conditions for their use, for section 1.5.1—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. S25—1 Name This Standard is Australia New Zealand Food Standards Code – Schedule 25 – Permitted novel foods. 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. S25—2 Sale of novel foods For section 1.5.1—3, the permitted *novel foods and their conditions for use are: Sale of novel foods Permitted novel food Conditions of use D-allulose 1. May only be a food for retail sale if that food is a tabletop sweetener. 2. May only be added to a food listed in condition 4. 3. A food listed in condition 4 must not contain added D-allulose in an amount or at a level greater than the limit, if any, specified in that condition for that food. 4. The listed foods are: (a) bakery products (limit: 10% w/w); (b) bubble gum (limit: 50% w/w); (c) breakfast cereals (limit: 5% w/w); (d) cereal bars (limit: 5% w/w); (e) chewing gum (limit: 50% w/w); (f) confectionery (but not chocolate) (limit: 50% w/w); (g) desserts (with or without gelatine) (limit: 10% w/w); (h) edible ices (including sorbet) (limit: 5% w/w); (i) frostings (limit: 5% (w/w)); (j) fruit spreads (but not chutney) (limit: 10% w/w); (k) ice cream (limit: 5% w/w); (l) icings (limit: 5% w/w); (m) imitation cream (limit: 5% w/w); (n) non-alcoholic water based flavoured drinks (limit: 3.5% w/w); Note See the definition of 'a non-alcoholic water based flavoured drink' in condition 5 below. (o) salad dressings (limit: 5% w/w); (p) sweet sauces (limit: 10% w/w); (q) syrups (limit: 10% w/w); (r) tabletop sweeteners (limit: 100% w/w); (s) yoghurt (limit: 5% w/w); Note An advisory statement to the effect that excess consumption may have a laxative effect is required for certain foods for sale containing D-allulose. See subsection 1.2.3—2(2) 5. For the purposes of this permission, a non-alcoholic water based flavoured drink: (a) includes: a brewed soft drink; a non-brewed soft drink; a cola type drink; a formulated caffeinated beverage; a fruit drink; a tea beverage; a coffee beverage; a powdered drink concentrate; and a liquid drink concentrate; and (b) does not include: a food standardised in Part 2.9 of the Code; a dairy analogue; a fruit juice; a vegetable juice; a formulated beverage; an electrolyte drink; and an electrolyte drink base. 6. During the exclusive use period, only D-allulose sold under the brand Nexweet may be a food for retail sale in accordance with condition 1 or added to food in accordance with conditions 2 to 5 above. 7. For the purposes of condition 6 above, exclusive use period means the period commencing on the date of gazettal of the Food Standards (Application A1247 – D-allulose as a novel food) Variation and ending 15 months after that date. α-cyclodextrin 1. The name 'alpha cyclodextrin' or 'α- cyclodextrin' must be used when declaring the ingredient in the statement of ingredients. γ-cyclodextrin 1. The name 'gamma cyclodextrin' or 'γ- cyclodextrin' must be used when declaring the ingredient in the statement of ingredients. Diacylglycerol oil (DAG-Oil) 1. The name 'Diacylglycerol oil' must be used when declaring the ingredient in the statement of ingredients. Dried marine micro-algae (Schizochytrium sp.) rich in docosahexaenoic acid (DHA) 1. May be added to infant formula products in accordance with Standard 2.9.1. Oil derived from marine micro-algae Schizochytrium sp. (American Type Culture Collection (ATCC) PTA-9695) 1. Only permitted for use in infant formula products in accordance with Standard 2.9.1 Oil derived from marine micro-algae (Schizochytrium sp.) rich in docosahexaenoic acid (DHA) 1. May be added to infant formula products in accordance with Standard 2.9.1. Oil derived from marine micro-algae (Ulkenia sp.) rich in docosahexaenoic acid (DHA) 1. May be added to infant formula products in accordance with Standard 2.9.1. Isomalto-oligosaccharide 1. Must not be added to: 1. food for infants; and 2. formulated supplementary food for young children. Isomaltulose *Phytosterols, phytostanols and their esters 1. The food must comply with requirements in Standard 1.2.1 insofar as they relate to section 1.2.3—2. 2. May only be added to edible oil spreads: (a) according to Standard 2.4.2; and (b) where the total *saturated and *trans fatty acids present in the food are no more than 28% of the total fatty acid content of the food; and