G/TBT/N/NZL/94  
18 December 2019  
(19-8798) 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)  
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:   
Standards New Zealand  
Ph +64 4 498 5990  
wto@ standards.co.nz   
www.standards.govt.nz  
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 New Zealand in which caffeine is present at a concentration of: (i) 5% or 
greater - if the food is a solid or semi -solid food; and (ii) 1% or greater - if the food  is a 
liquid 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 pages (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  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 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 concen trated 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,  taking into account comments by WTO members 
received as a result of this 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 which it is the primary ingredient. The latter would be covered the TBT 
Agreement (and not the SPS Agreement).  G/TBT/N/NZL/94  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  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.  
8. Relevant documents:   
Australia New Zealand Food Standards Code (English)  
Documents are available from the Food Standards Australia New Zealand website: 
https://www.foodstandards.gov.au/code/proposals/Pages/P1054.aspx   
Australia New Zealand Food Standards Code  
9. Proposed date of adoption:  The date of adoption and entry into force for the urgent 
measure is 12 December 2019.  
Proposed date of entry into force:  Note that FSANZ will review this interim emergency 
measure within 12 months. Notification of the final measure incorporating changes 
resulting from the review will follow.  
10. Final date for comments:  60 days from notification; The final day for comments is 16 
February 2020.  
11. Texts available from:  National enquiry point [ ] 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