G/TBT/N/AUS/114  
18 December 2019  
(19-8787) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  AUSTRALIA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Food Standards Australia New Zealand (FSANZ)  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Department of Foreign Affairs and Trade  
email: tbt.enquiry@dfat.gov.au  
website: www.dfat.gov.au  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Food for 
retail sale in Australia in which caffeine is present at a concentration greater than: (i) 
5%—if the food is a solid or semi -solid food; and (ii) 1% —if the food is a liqui d food  
5. Title, number of pages and language(s) of the notified document:  Final 
Consideration Report for Urgent Proposal P1054 - Pure and highly concentrated caffeine 
products. (49 page(s), in English)  
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 p resent 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 de cision is based on a risk assessment that confirmed 
that pure and highly 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 concentr ated caffeinated substances can result in death or 
severe health effects.  
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, t aking into account comments by WTO members 
received as a result of this notification.  
Australia 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 which it is the primary ingredient. 
The latter would be covered the TBT Agreement (and not the SPS Agreement).  G/TBT/N/AUS/114  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applic able:  The objective and rationale is the urgent protection of human health from 
immediate and acute risk posed by the sale of pure or highly purified forms of caffeine to 
consumers.; Protection of human health or safety  
8. Relevant documents:   
• Australia New Zealand Food Standards Code (English)  
9. Proposed date of adoption:  12 December 2019 ; The date of adoption and entry into 
force is 12 December 2019.  
Proposed date of entry into force:  12 December 2019 ; The date of adoption and entry 
into force for the urgent measure is 12 December 2019. Note that FSANZ will reveiw this 
interim emergency measure within 12 months. A notification of the final measure 
incorporating changes resulting from the review will fo llow.  
10. Final date for comments:  60 days from notification; The final date for comments is 16 
February 2020.  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Documents are available from the Food Standards Australia New Zealand website:  
https://www.foodstandards.gov.au/code/proposals/Pages/P1054.aspx