G/TBT/N/NZL/123  
2 May 2023  
(23-3056) 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:  NEW ZEALAND  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Food Standards Australia New Zealand (FSANZ)  
standards.management@foodstandards.gov.au  
Name and address (including telephone and fax numbers, email and website addresses, 
if available) of agency o r authority designated to handle comments regarding the 
notification shall be indicated if different from above:  
Department of Foreign Affairs and Trade  
Agriculture and Non -Tariff Barriers Branch  
Ph +61 2 6178 5332  
tbt.enquiry@dfat.gov.au  
www.dfat.gov.au  
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:   
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Infant 
formula products for sale in Australia and New Zealand, including under HS 190110  
5. Title, number of pages and language(s) of the notified document:  Proposal P1028 
Infant Formula – 2nd Call For Submissions (505 pages, in English)  
6. Description of content:  Proposal P1028 proposes to amend the Australia New Zealand 
Food Standards Code (the Cod e) to ensure that infant formula products are safe and 
suitable while also taking account of the latest scientific evidence, market developments, 
changes in the international regulatory context, and revised Australian and New Zealand 
policy guidance.  
The proposed draft variation to the Code will amend infant formula regulation. Relevant 
aspects include:  
- Re-drafting of Standard 2.9.1 and related provisions in Schedule 29 to reflect the 
differing requirements for subcategories of infant formula product s (infant formula, 
follow -on formula and special medical purpose products for infants (SMPPi);  
- Revised nutrient composition values;  
- Revised permissions for food additives, contaminants and processing aids;  G/TBT/N/NZL/123  
 
- 2 - 
 
  - Addition of a definition for SMPPi, and asso ciated revisions on nutrient composition, 
restriction of sale and standalone labelling permissions reflective of Standard 2.9.5 - 
Foods for Special Medial Purpose (FSMP)  
- Amendments and new provisions regarding safety -related labelling (including directio ns 
for use and storage, warning statements and age -related statements), provision of 
information (including nutrition information, stage labelling and a prohibition of proxy 
advertising), and labelling for SMPPi.  
- Amendments to clarify the requirements fo r novel foods when added to infant formula 
products.  
A five year transition period, inclusive of stock -in-trade, is proposed.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  FSANZ committed to reviewing infant formula  product regulations after 
receiving policy guidance from the Australia New Zealand Food Regulation Ministerial 
Council in May 2011. The primary objective of the Proposal is to revise and clarify the 
relevant standards in the Code to ensure that infant for mula products remain safe and 
suitable, while also taking account of the latest scientific evidence, market developments, 
changes in the international regulatory context, (including the revised 2007 Codex 
Standard for Infant Formula and Formulas for Specia l Medical Purposes for Infants) and 
revised Australian and New Zealand policy guidance.  
8. Relevant documents:   
Australia New Zealand Food Standards Code (English)  
Available at https://www.foodstandards.gov.au/code/Pages/default.aspx  
9. Proposed date of adoption:  Notification to Australian and New Zealand Government 
anticipated early 2024 with adoption (gazet tal) to follow shortly after, pending 
Government consideration.  
Proposed date of entry into force:  Mid-late 2029, after a five year transition period  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
The assessment summary and proposed draft variation to the Code are available (in 
English) from the Food Standards Australia New Zealand website:  
https://www.foodstandards.gov.au/code/proposals/Pages/P1028.aspx