G/SPS/N/NZL/612  
18 December 2019  
(19-8827) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  NEW ZEALAND  
If applicable, name of local government involved:   
2. Agency responsible:  Food Standards Australia New Zealand (FSANZ)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):   
Food for retail sale in New Zealand in which caffine is present in a concentrations of:  
(i) 5% or greater - if the food is solid or semi -solid food; and  
(ii) (ii)       1% or greater -if the food is a liquid food  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Final Consideration Report - Urgent Proposal P1054 - 
Pure and highly concentrated caffeine products.  Language(s):  English . Number of 
pages:  48 
https://www.foodstandards.gov.au/code/proposals/Pages/P1054.aspx  
6. Description of content:  To protect human safety and health, Food Standards Australia 
New Zealand  (FSANZ) has approved - as an interim emergency measure - an amendment 
to the Australia New Zealand Food Standards Code to prohibit the retail sale of foods in 
which total caffeine is present in a concentration of 5% or more (if the food is a solid or 
semi-solid food) or 1% or more (if the food is a liquid food).   
This decision followed a recent death in Australia caused by ingestion of pure or highly 
concentrated caffeine powder. The decision is based on a risk assessment that confirmed 
that pure and highl y concentrated caffeine food products sold at retail directly to 
consumers pose an immediate and acute health and safety risk. The ingestion of small 
amounts of pure and highly concentrated caffeinated substances can result in death or 
severe health effect s.  
This interim measure comes into force in December 2019.   
FSANZ will review this interim emergency measure and decide within 12 months whether 
to affirm, amend or repeal the measure, taking into account comments by WTO members 
received as a result of th is notification.  
New Zealand  is notifying this interim measure under both TBT and SPS Agreements as 
caffeine cannot be considered to be an additive for the purposes of the SPS Agreement in 
relation to all food stuffs - such as pure caffeine products in whi ch it is the primary 
ingredient. The latter would be covered the TBT Agreement (and not the SPS Agreement).  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   G/SPS/N/NZL/612  
 
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  8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international st andard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:  Australia 
New Zealand Food Standards Code  (available in English)  
10. Proposed date of adoption (dd/mm/yy) : 12 December 2019  
Proposed date of publication (dd/mm/yy) : 12 December 2019 The date of adoption 
and entry into force was because of urgency. Note that FSANZ will review this interim 
measure  again within 12 months. Notification of the final measure incorporating changes 
resulting from the review will follow.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : As above the date of adoption and en try into force for the urgent measure 
is 12 December 2019.  Note that FSANZ will review this interim measure within 
12 months. Notification of the final measure incorporating changes resulting from the 
review will follow.  
[ ] Trade facilitating measure   
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 16 February 2020  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [  ] National Enquiry Point. Address, fa x number and e -mail address (if 
available) of other body:   
Food Standards Australia New Zealand  
PO Box 5423  
KINGSTON  ACT 2604 
Australia  
Fax: +(61 2) 6271 2278  
E-mail: standards.management@foodstandards.gov.au  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
Copies are also available from:  Mrs Sally Jennings, Coordinator, SPS  New Zealand, PO Box 
2526, Wellington, New Zealand.   Tel: +64 4 894 0431; Fax: +64 4 894 0733; 
E-mail: sps@mpi.govt.nz