16 December 2014  
[26–14] 
 
Call for submissions  – Proposal  P1016  
 
Hydrocyanic acid in Apricot Kernels & other Foods  
 
 
FSANZ has assessed a proposal for the risk management of hydrocyanic acid in apricot kernels and 
other foods and has prepared a draft food regulatory measure. Pursuant to section 61 of the Food 
Standards Australia New Zealand Act 1991 (FSANZ Act), FSANZ now calls for submissions to assist 
consideration of the draft food regulatory measure.  
 
For inform ation about making a submission , visit  the FSANZ website at  information for submitters . 
 
All submissions on applications and proposals will be published on our website. We will not publish material 
that is provided in-confidence, but will record that such information is held. In-confidence submissions may 
be subject to release under the provisions of the Freedom of Information Act 1991.  Submissions will be 
published as soon as possible after the end of the public comment period. Where large numbers of 
documents are involved, FSANZ will make these available on CD, rather than on the website.  
 Under s ection 114 of the FSANZ Act, some information provided to FSANZ cannot be disclosed. More 
information about the disclosure of confidential commercial information is available on the FSANZ website at  
information for submitters . 
 
Submissions should be made in writing; be marked clearly with the word ‘Submission’ and quote the 
correct project number and name. While FSANZ accepts submissions in hard copy to our offices, it is 
more convenient and quicker to receive submissions electronically through the FSANZ website via the 
link on documents for public comment .  You can also email your submission directly to 
submissions@foodstandards.gov.au .  
 
There is no need to send a hard copy of your submission if you have submitted it by email or via the 
FSANZ website. FSANZ endeavours to formally acknowledge receipt of submissions within 3 
business days.  
 
DEADLINE FOR SUBMISSIONS :  6pm (Canberra time) 10 February 2015 
 Submissions received after this date will not  be considered unless  an extension had  been given before 
the closing date . Extensions will only be granted due to extraordinary  circumstances during the 
submission period. Any agreed extension will be notified on the FSANZ website and will apply to all 
submitters.  
 
Questions about  making submissions or the application process can be sent to 
standards.management@foodstandards.gov.au .  
 
Hard copy submissions may be sent to one of the following addresses:  
 Food Standards Australia New Zealand  Food Standards Australia New Zealand  
PO Box 7186 PO Box 10559 
Canberra BC  ACT  2610  The Terrace WELLINGTON 6143 
AUSTRALIA  NEW ZEALAND  
Tel +61 2  6271 2222   Tel +64 4  978 5630 
 i Table of Contents  
 
EXECUTIVE SUMMARY ............................................................................................................................... 2 
1. INTRODUCTION  ................................................................................................................................... 3 
1.1 THE PROPOSAL  ............................................................................................................................... 4 
1.2 THE CURRENT STANDARD  ................................................................................................................ 5 
1.2.1  Hydrocyanic acid in apricot kernels  ......................................................................................... 5 
1.2.2  Hydrocyanic acid in other foods  ............................................................................................... 5 
1.2.3  Regulation of HCN in food in other countries  .......................................................................... 5 
1.3 REASONS FOR PREPARING  THE PROPOSAL  ...................................................................................... 5 
1.4 PROCEDURE FOR ASSESSM ENT ....................................................................................................... 6 
2. SUMMARY OF THE ASSESSMENT  ................................................................................................... 6 
2.1 RISK ASSESSMENT  ........................................................................................................................... 6 
2.1.1 Raw apricot kernels  ...................................................................................................................... 6 
2.1.2  Other apricot kernel containing foods  ...................................................................................... 8 
2.2 RISK MANAGEMENT  .......................................................................................................................... 8 
2.2.1  Proposed risk management option .......................................................................................... 9 
2.3 DECISION  ....................................................................................................................................... 10 
2.4 RISK COMMUNICATION  ................................................................................................................... 10 
2.4.1  Consultation  ............................................................................................................................. 10 
2.4.2  World Trade Organization (WTO)  .......................................................................................... 11 
2.5 FSANZ  ACT ASSESSMENT REQUIR EMENTS  ................................................................................... 11 
2.5.1  Section 59 ................................................................................................................................ 12 
2.6 Subsection 18(1)  ..................................................................................................................... 12 
2.7 Subsection 18(2) considerations  ............................................................................................ 13 
3. DRAFT VARIATION  ............................................................................................................................ 14 
3.1 TRANSITIONAL ARRANGEM ENTS  ..................................................................................................... 14 
3.1.1  Transitional arrangements for Code Revision ....................................................................... 14 
4. REFERENCES  .................................................................................................................................... 14 
ATTACHMENT A – DRAFT VARIATION TO TH E AUSTRALIA NEW ZEALAND FOOD STANDARDS CODE  ............ 16 
ATTACHMENT B – DRAFT EXPLANATORY STATEMENT  ................................................................................ 18 
 
Supporting docume nts 
 The following documents which informed the assessment of this Proposal  are available on 
the FSANZ website at  
http://www.foodstandards.gov.au/code/proposals/Pages/proposalp1016hydrocy5438.aspx  
 
SD1 Poisoning incidents from hydrocyanic acid (HCN) in apricot kernels and r egulation of 
HCN in general foods internationally  
 SD2  COAG Consultation Regulation Impact Statement – Regulation of cyanogenic 
glycosides in apricot kernels and other foods  
 
 
  
1 Executive s ummary  
Some plant -based foods contain cyanogenic glycosides which can pose risks to consumers. 
The toxicity of cyanogenic glycosides and their derivatives depends on the release of 
hydrocyanic acid (HCN) from plant tissue. This may occur by the action of gut bacteria in 
animals or humans (at variable rates) after enzyme activity in the gut.  
As a result of previous detections of HCN in ready -to-eat cassava c hips, FSANZ recognised 
that a more thorough review o f cyanogenic glycosides should be undertaken  in order to 
determine whether there were any public health and safety concerns  in a range of other 
foods . Therefore, the l evels of HCN in foods were assessed i n a coordinated food survey 
under the Implementation Sub- Committee for Food Regulation’s (ISFR’s) Coordinated Food 
Survey Plan.  
This Proposal was prepared  to consider either non- regulatory or regulatory measures  to 
manage public health or safety issues ide ntifie d from the consumption of foods containing 
HCN that have been identified in the analysis of the ISFR survey results.  
No public health and safety concerns were identified for foods other than raw apricot kernels. 
FSANZ’s risk assessment indicated that  consumption of raw apricot kernels, both unhulled 
(with skin) and hulled (without skin), poses an acute public health and safety risk for 
consumers .  
There have been reports of poisoning in Australia, New Zealand and other countries (Canada, United Kingdom and Europe) following consumption of raw apricot kernels. In May 
2011 and July 2014, single consumers, in Queensland and Western Australia, respectiv ely, 
were hospitalised after consuming raw apricot kernels with high levels of HCN.  
In order to manage the risks of consumption of raw apricot kernels, FSANZ has prepared a 
draft variation to the Code . In the interim, while  this measure is being considered, updated 
advice on the maximum amount of raw apricot kernels that  can safely be consumed has 
been provided on the FSANZ website
1.  
 
The draft food regulatory measure prohibits the sale of raw apricot kernels , both unhulled 
(with skin ) and hulled ( without  skin), under Standard 1.4.4  – Prohibited and Restricted Plants 
and Fungi . This prohibition would also apply to any substance derived  from raw apricot 
kernels , with some exceptions as noted below,  but does not prevent apricots containing raw 
apricot kernels from being added to food or offered for sale as a food.  
 
The risk assessment identified a number of foods derived from apricot kernels for which no 
public health and safety concerns have been identifie d. Therefore, FSANZ is proposing 
exemptions from the prohibition for  alcoholic beverages , oil, flavourings , stone  fruit juices , 
marzipan , cakes , biscuits  and confectionery  derived from apricot kernels .  
   
1 http://www.foodstandards.gov.au/consumer/safety/Pages/Apricot -kernels -raw.aspx  
2                                                 1. Introduction  
Some plant -based foods contain cyanogenic glycosides which can pose risks to consumers. 
Cyanogenic glycosides  are naturally occurring sugars that have the cyanide moiety  in their 
structure. The toxicity of cyanogenic glycosides and their derivatives depends  on release of 
hydrocyanic acid (HCN) from plant tissue. This may occur by the action of gut bacteria in 
humans (at variable rates) following consumption of plants containing cyanogenic glycosides .  
Many plants stor e cyanogenic precursors in their seeds. Examples are apples, pears, 
almonds, apricot, peach, flax and lima beans. Th e concentration of HCN in seeds var ies 
widely . However, in bitter almonds and apricots  it can reach toxic levels (Haque and 
Bradbury, 2002; Codex Committee on Contaminants in Foods, 2008).  
 
A survey of the levels of HCN in a variety of plant -based foods av ailable in Australia and New 
Zealand was conducted as part of the Implementation Sub- Committee for Food Regulation’s 
(ISFR ’s) Coordinated Food Survey Plan to determine whether there are any public health 
and safety concerns for the Australian or New Zealand populations arising from the 
consumption of these foods2.  
 
There were a small number of foods (raw apricot kernels, cassava roots and bread 
containing linseed) where it was estimated that acute dietary exposure had the potential to 
exceed the the acute reference dose (ARfD)3. Of these foods, the consumption of raw apricot 
kernels both with and without skin poses the greatest acute public health and safety risk for 
Australians and New Zealanders.  No specific risk management measures were required for 
cassava roots or bread containing linseed based on the risk assessment findings (see 2.1 
below).  
 
During the 1970s and 80s, amygdalin (also known as laetrile or  ‘Vitamin B17 ’, although it is 
not a recognised vitamin) was extracted from apricot kernels and sold as a treatment for 
cancer. The efficacy of the treatment was never proven and it was associated with significant 
toxicity. Th e practice of marketing apricot kernels as a cancer treatment continues today.  
 
In May 2011, a consumer in Queensland was hospitalised after consuming raw apricot 
kernels with high levels of HCN. In October 2011, the National Food Incident Protocol was triggered to alert all jurisdictions to this incident. The likelihood of someone else becoming ill 
from eatin g these foods was considered high and on 4 November 2011, F SANZ issued a 
statement alerting the public against consuming raw apricot kernels
4.  
 
At the time of the poisoning incident in Queensland,  there were a number of voluntary recalls 
and further investigations by state, territory and New Zealand jurisdictions.  The Western 
Australia poisoning incident resulted in a FSANZ initiated national product recall.  
In July 2014, another consumer in Western Australia was hospitalised after consuming 
apricot kernels, despite the presence of the statement on the FSANZ website and advice on 
the product package and website where the product was purchased.   
 
  
2 http://www.foodstandards.gov.au/science/monitoring/surveillance/Pages/Combined- survey -and-risk-
assessment -for-cyanogenic -glycosides.aspx  Download the survey for cyanogenic glycosides  (pdf 1541kb)  | (word 
553kb)  
3 An estimate of the amount of a substance in food and/or drinking -water, normally expressed on a body -weight 
basis, that can be ingested in a period of 24 hours or less, without appreciable health risk to the consumer.  
4http://www.foodstandards.gov.au/media/Pages/me diareleases/mediareleases2011/fsanzwarnsagainstcon5338.a
spx 
3                                                 Poisoning incidents following either accidental (c hildren and adults) or intentional ingestion 
(by adults only) of raw apricot kernels in Australia and New Zealand have been reported to 
poison information centres. This information is summarised in S D2.  
Poisoning incidents from consumption of apricot kernels has also been reported in other 
countries: Canada, United Kingdom and Europe ( see SD1). 
In countries other than Australia and New Zealand  the risk of poisoning incidents has been 
managed by:  
 
• Advice for consumers on a recommended maximum number of apricot kernels to be 
consumed per day (United Kingdom and Canada) . 
 
• Regulation of  apricot kernels with very high HCN levels, under general Food Safety 
Acts, which make s it an offence to sell or possess for sale food which is injurious to 
health (Europe)5. 
 
• Prohibition on sale of apricot kernels as a food since they are regulated as a drug 
(laetrile (amygdalin)) under import legislation (US) .  
1.1 The Proposal  
FSANZ has prepared this Proposal to:  
• Consider the potential public health and safety risks associated with consuming  raw 
apricot kernels  and food products and substances derived from raw apricot kernels ; 
and if needed, other HCN -containing foods that may have public health and safety risks 
as based on the findings from the recent ISFR survey on cyanogenic glycosides in 
food. 
 
• Develop  appropriate risk management strategies to manage these risks, including 
consideration of a need for food regulatory measures in the Code.  
 
This Proposal c onsiders raw apricot kernels to be a food and does not address the issue of 
these foods being consumed for a therapeutic purpose or presented as a therapeutic good. 
FSANZ considers that  the classification and use of these products as a therapeutic good is 
outside the scope of a food regulatory matter .  
 Throughout this assessment summary , the term ‘raw apricot kernel’ refers to the edible nut -
like object found within the shell or stone of Prunus armeniaca  either unhulled (with skin) or 
hulled (without skin) . Hulled, apricot kernels are usually pale white in colour
6.  
 
 
Unhulled (with skin) raw apricot kernels   
Hulled (without skin) raw apricot kernels  
5 Between 2005 and 2008, 15 notifications on cyanide in apricot kernels were transmitted through the Rapid Alert 
System for Food Feed (RASFF) database of the European Commission. The levels reported range between 
approximately 300- 2500 mg/kg.  
6 http://www.hc -sc.gc.ca/fn -an/pubs/securit/2009 -apricots -abricots/index -eng.php . 
4                                                 1.2 The c urrent Standard  
1.2.1 Hydrocyanic acid in apricot kernels  
There is currently no standard in the Code for HCN levels in r aw apricot kernels .  
1.2.2 Hydrocyanic acid in other foods  
Levels of HCN are controlled in the Code by a range of measures -  maximum l evels (MLs) 
for specific foods, direction s for use and preparation instructions and a prohibition on the sale 
of cassava with HCN levels greater tha n a certain level.  
 
Standard 1.4.1 – Contaminants and Natural Toxicants sets out the MLs of specified metal and 
non-metal contaminants and natural toxi cants in nominated foods.   
 
Standard 1.4.1 currently includes the following MLs for HCN in the following foods:  
 
• 25 mg/kg in confectionery  
• 5 mg/kg in stone fruit juices  
• 50 mg/kg in marzipan  
• 1 mg/kg per 1% alcohol in alcoholic beverages.  
 
There is also an ML of 10 mg/kg for HCN in ready -to-eat cassava chips.  
 
Standard 1.4.4 – Prohibited and Restricted Plants and Fungi list s the species of plants and 
fungi that must not be added to food or offered for sale as food. In Standard 1.4.4,  there is a 
prohibition on the sale of cassava other than ‘sweet cassava’. Consistent with the existing 
Codex standard (Codex 2005), sweet cassava is defined in Standard 1.1.2 – Supplementary 
Definitions for Foods as ‘those varieties of cassava roots grown  from Manihot esculenta 
Crantz  of the Euphoribiacae family that contain less than 50 mg per kg of HCN (fresh weight 
basis)’.  
 
Standard 1.2.6 – Directions for Use and Storage includes a requirement for raw sweet 
cassava to be labelled with or accompanied by a statement indicating that sweet cassava 
should be peeled and fully cooked before being consumed.   
 Standard 1.2.6 also includes requirements for a statement that indicates that bamboo shoots 
should be fully cooked before being consumed.   
1.2.3 Regula tion of HCN in food in other countries  
FSANZ has not identified any specific regulatory standards in other countries for HCN in raw 
apricot kernels.  For more information on standards and requirements in other countries for 
HCN in other general foods , refer to S D1. 
1.3 Reasons for  preparing  the Proposal  
This Proposal was raised to consider the risk management of potential public health or safety 
issues arising from foods assessed as part of an ISFR survey on cyanogenic glycosides on a 
range of foods and recent poisoning incidences in Australia from consumption of raw apricot 
kernels.  
5 1.4 Procedure for assessment  
The Proposal is being assessed under the General  Procedure.  
 
2. Summary of the assessment  
2.1 Risk assessment  
The full risk assessment has been conducted as part of the ISFR Coordinated Food Survey 
Plan (see paragraph 3 in Section 1  of this draft assessment summary , and the full survey 
report7).  
 
While public health and safety issues were identified for acute dietary exposure to apricot 
kernels (see 2.1.1 below) , there were no public health and safety issues identified in relation 
to the estimates of chronic dietary exposure to HCN from any plant -based food for the 
Australian and New Zealand populations, based on the survey data available.  
 
For cassava roots, there is potential for high consumers to exceed the ARfD of 80 µg 
HCN/kg b ody weight . However, given the conservative assumptions made in the acute 
dietary exposure assessment, and the absence of any reports on poisonings in Australia or  
New Zealand following consumption of properly processed cassava, the estimated potential 
exposures to HCN are not considered to represent an appreciable health and safety risk.  
 
For bread containing linseed, although the estimated acute dietary exposures  resulted in 
potential exceedances of the ARfD for all population groups assessed, current exposures are not considered to represent a health and safety risk due to the absence of any clinical reports 
of poisonings or detectable levels of cyanide in the bl ood of human volunteers following 
consumption of ground linseed.  
FSANZ concludes that there is no appreciable health and safety risk  from consumption of 
these foods for consumers.  
2.1.1 Raw apricot kernels  
The risk assessment has identified that due to high levels of HCN,  consumption of raw 
apricot kernels both unhulled (with skin) and hulled (without skin) poses a public health and 
safety risk for consumers.   
 
Levels of HCN in raw apricot kernels with skin ranged from 1,240- 2,820 mg HCN/kg; 
whereas, those without skin ranged from 49 to 440 mg HCN/kg.   
 An acute dietary exposure was conducted for raw apricot kernels for adults only (see Table 
1). As no nutrition survey data were available for this product, the assessment was based on 
estimated consumption of recommended serve sizes as provided by websites associated 
with the product  (32 kernels/day ). Estimated dietary exposures ranged between 910- 940% 
ARfD for kernels with skin and 140- 150% ARfD for kernels without skin. Using the maximum  
HCN levels in raw apricot kernels found  in the ISFR survey  (2,820 mg HCN/kg), dietary 
exposure from 4 kernels slightly exceeded the ARfD for kernels with skin (110- 120%) , but not 
for kernels witho ut skin (20% ARfD) .  
7 http://www.foodstandards.gov.au/science/monitoring/surveillance/Pages/Combined- survey -and-risk-
assessment -for-cyanogenic -glycosides.aspx  Download the survey for cyanogenic glycosides  (pdf 1541kb)  | (word 
553kb)  
6                                                 Table 1: Estimated acute dietary exposures to total HCN for Australian and New 
Zealand population groups as a per cent of the acute reference dose (ARfD) (%)  
 
Food  % ARfD*  
Australia  New Zealand  
2-6 years  2-16 
years  17 
years 
and 
above  5-6 
years  5-14 
years  15 
years 
and 
above  
Apricots, canned  30 15 15 3# 15 15 
Apricot jam  2 3 2 NC <1# <1# 
Apricot kernels,  
with skin (32/d)  NA NA 910 NA NA 940 
Apricot kernels,  
with skin (4/d)  NA NA 110 NA NA 120 
Apricot kernels, without skin 
(32/d)  NA NA 140 NA NA 150 
Apricot kernels,  
without skin (4/d)  NA NA 20 NA NA 20 
Apricot nectar  35# 7# 20# 3# 35 NC 
NC = not consumed.  
NA = not applicable. Dietary exposure assessments not conducted for children for this food.  
* ARfD = 80 µg HCN/kg bw  
# P50 Median consumption level used for consumers only, rather than 97.5th percentile (number of respondents 
<39).  
a Survey 2, EU method . 
b Survey 1 . 
c Survey 3, sweet cassava only. 
 The exceedance of the ARfD by up to nine- fold is of considerable concern for public health 
and safety because, there are multiple published cases o f adult and child cyanide poisoning 
resulting from eating cooked and/or ground apricot kernels (or pits). These reported cases 
ranged from clinical signs of mild cyanide poisoning (headache, nausea) right through to 
severe intoxication resulting in hypotension, coma, convulsions and death (Sayre & 
Kaymakcalan 1964; Lasch et al 1981; Suchard et al 1998; Akyildiz et al 2010; Cigolini et al 
2011; Akıl et al 2013). Almost invariably these published cases only describe presentations at hospitals necessitating cl inical intervention.  
 An estimation of the maximum number of raw apricot kernels that could be consumed before exceeding the ARfD was also undertaken for this product using maximum mean levels 
derived from the analytical data from the ISFR survey , for both adults and children . For 
apricot kernels with skin, it was estimated that adults could consume 3 kernels and children 
could not even consume 1 kernel/day before the ARfD is exceeded. For apricot kernels 
without skin, adults could consume 21 kernels an d children could consume 6 kernels/day 
before the ARfD is exceeded.  
 It is recognised this survey analysed a relatively small sample of raw apricot kernels and that 
the levels of HCN/kg may be more variable. However it is noted that literature reports 
suggest the mean range of HCN/kg found in kernels from a variety of different apricot 
cultivars can be up to 4,090 mg/kg (e.g. Holzbecher et al, 1984). A random chance selection of kernels with a higher HCN content would increase the potential health risk.  
 
  
7 FSANZ ’s current recommendation8 is that children should not consume apricot kernels . If 
children were to consume these against the recommended advice then, with exceedances 
occurring at less than 1 unhulled kernel/day , it is very likely that HCN consumpt ion amounts 
would exceed the ARfD.  
2.1.2  Other apricot kernel containing foods  
Various foods containing apricot kernels were analysed for the presence of HCN in the ISFR 
survey (amaretti bi scuits and almond finger biscuits)  and in addition, apricot jam s and apricot 
nectar (which may contain trace amounts of HCN via the presence of small amounts of 
apricot kernels  during production) and were found to not pose a public health and safety risk.  
 
Levels of HCN in apricot oil were not measured in the ISFR survey. However, it is considered 
there is no potential HCN poisoning risk associated with its consumption.  Amygdalin (the 
cyanogenic glycoside in apricot kernels) is hydrophilic and will not partition into oil. Therefore, 
the HCN levels in the final oil pro duct are anticipated to show a similar reduction in HCN 
levels to that seen for linseed when processed to linseed oil (main cyanogenic glycoside being linustatin) .  
 
Furthermore, FSANZ is not aware of any clinical cases relating to apricot kernel oil 
consumption with adverse effects in humans. Administration of apricot kernel oil via the diet (10% w/w) to laboratory rats for 90 days showed no adverse effects (Gandhi et  al 1997). In 
the United States (US), the US Food and Drug Administration (FDA) has assigned a GRAS status (Generally Regarded as Safe) to apricot kernel (persic) oil (USFDA).  
2.2 Risk management  
Taking into account the risk assessment conclusions, the focus of FSANZ’s risk 
management measures should be on managing the risk arising from high concentrations of 
HCN in raw apricot kernels. No further regulatory measures are warranted for the other foods 
containing cyanogenic glycosides assessed in the ISFR survey.  
 Risk management measures are needed for raw apricot kernels and for  any substance 
derived from raw apricot kernels which is not further processed (i.e. whole raw kernels or kernels that have been ground, milled, cracked or chopped), as kernels in any of these forms 
are still potentially toxic. As an example, a woman was admitted to North Shore hospital in 
New Zealand after consuming 60 ground apricot kernels mixed with orange juice (Atkinson, 
2006).   
 
In order to manage the risk of consumption from raw apricot kernels, FSANZ considered the 
following non -regulatory and regulatory options:  
 Option 1:  Maintain the status quo and abandon the Proposal. FSANZ would rely on the 
current website advice which describes the number of raw apricot kernels that 
can be safely consumed per day.  
 
Option 2:  Prepare draft variations to apply mandatory labelling requirements of both 
unhulled (skin on) and hulled (skin off) raw apricot kernels.  
 
Option 3 : Prepare draft variations to set a maximum limit in Standard 1. 4.1 for unhulled 
(skin on) and hulled (skin off) raw apricot kernels.  
 
  
8http://www.foodstandards.gov.au/consumer/safety/Pages/Apricot -kernels -raw.aspx  
8                                                 Option 4 : Prepare draft variations to include a prohibition on the sale of unhulled (skin on) 
raw apricot kernels only in Standard 1.4.4with exemptions for raw apricot kernel -
derived foods that are safe for consumption9. In parallel, manufacturers would be 
required to provide advice for consumers on the maximum amount of hulled (skin 
off) raw apricot kernels that could safely be consumed on their product labels .  
 
Option 5:  Prepare draft variations to include a prohibition on the sale of unhulled (skin on) 
and hulled (skin off) raw apricot kernels in Standard 1.4.4 with exemptions for 
apricot kernel -derived foods that are safe for consumption  
 
FSANZ considers that maintaining the stat us quo (a non- regulatory approach) or other 
regulatory options (1, 2, 3 and 4 ) are not appropriate options for the following reasons:  
 
• A significant potential harm exists from high dietary levels of HCN particularly for children.  
 • Options 1, 2, 3 and 4 are unlikely to adequately ensure public safety due to the 
uncertainty surrounding the absolute maximum levels of HCN that could potentially be 
present in raw unhulled or hulled apricot kernels.  
 
• Option 1 – Effectiveness of website  advice and labelling is likely to be limited, as it is 
dependent on consumers seeking and noticing and taking account of this information.  
 
• Option 3 –  even if an ML was set, it would be at such a low level that, in effect, it would 
lead to a similar out come as the proposed prohibition in Option 5.  
 • Based on the experience from previous poisonings and the latest poisoning incident in 
Western Australia, FSANZ conclude s that options 1, 2, 3 and 4 would not adequately 
protect public health and safety.  
 
The risk assessment on a number of foods derived from apricot kernels which were surveyed 
indicated there is no potential risk arising from their consumption.  The data from the ISFR 
survey shows that the levels of HCN in apricot kernel -derived foods (amarett i biscuits, 
almond finger biscuits), apricot jams and apricot nectar do not present public health and 
safety concerns. Levels of HCN in apricot oil do not pose a risk. There are also other foods 
derived from apricot kernels (e.g. amaretto liquor)
10 that were not tested in the survey.  
 Any risk of consumption of processed foods derived from apricot kernels is managed by the 
processing or cooking of these foods to reduce HCN levels and/or by existing MLs for HCN 
in the Code
11.  
 
FSANZ is calling for informatio n on any other food products that are being sold and produced 
which use apricot kernels as an ingredient including details of how such foods are produced 
or processed.   
2.2.1  Proposed risk management option  
Prior to public consultation, FSANZ considers that overall Option 5, a regulatory approach 
(prohibition on the sale of both unhulled (skin on) and hulled (skin off) raw apricot kernels in 
Standard 1.4.4 with exemptions for raw apricot kernel -derived foods that are safe for 
consumption) is likely to have the greatest net benefit and is therefore the preferred option. 
9 This option allows the continued sale of hulled (skin off) apricot kernels.  
10 Amaretto is a sweet, almond -flavoured, Italian liqueur. It is made from a base of apricot kernel s or almonds,  
sometimes both 
11 Confectionery, stone fruit juices, marzipan and alcoholic beverages  
9                                                 Other measures are unlikely to be effective at managing the risk to public health and safety 
from consumption of raw apricot kernels and unproc essed products derived from them.  
 The determination that this option is likely to have the greatest net benefit is based on 
qualitative analysis due to difficulty obtaining quantitative information from industry. Based on 
the current information FSANZ has  to date, the potential costs of the proposed measure will 
not exceed the value of the anticipated direct and indirect benefits to the public. The 
Regulatory Impact Statement  (RIS) concludes that the proposed measure is the most   
cost-effective response t o the regulatory issue that has been identified, based on a 
qualitative evaluation (Refer to SD2).  
 
This prohibition relates only to food use of apricot kernels and does not extend to a 
prohibition on use of foods derived from apricot kernels which does n ot pose health risks 
(e.g. as an ingredient in other foods).  
 In summary, the decision to vary Standard 1.4.4 to prohibi t the sale of raw apricot kernels, 
both unhulled (with skin) and hulled (without skin), was made for the following reasons:  
 
• it lowers the risk of future poisoning from consumption of raw apricot kernels that may 
contain high levels of HCN and supports the primary objective of protecting public 
health and safety  
 
• it protects new consumers unaware of risks of consumption of raw apricot ker nels and 
from the unproven health benefit claims associated with the sale of some apricot 
kernels, supporting the objective of prevention of misleading or deceptive conduct.  
2.3 Decision  
It is proposed to vary Standard 1.4.4 to prohibit raw apricot kernel s or substances derived 
from raw apricot kernels from being intentionally added to food or offered for sale as food. 
The prohibition would also apply to any substance derived from raw apricot kernels which is 
not further processed (i.e. whole raw kernels or kernels that have been ground, milled, 
cracked or chopped) .  
 
The prohibition does not prevent apricots containing raw apricot kernels from being added to 
food or offered for sale as a food. Furthermore,  it is proposed to exempt the following foods 
from the prohibition:  
 
• alcoholic beverages  
• oil 
• flavourings  
• stone fruit juices  
• marzipan  
• cakes  
• biscuits  
• confectionery.  
2.4 Risk communication  
2.4.1 Consultation  
In April 2012 and November 2013,  targeted consultations were undertaken seeking data 
and/or information on the nature, size and costs  of production of apricot kernels for either the 
domestic and/or import industry.   
10 FSANZ i dentified 46 business es (importers, prod ucers and retailers) in Australia and New 
Zealand , and they wer e approached via email or letter for this information.  
 
The process by which FSANZ considers standard matters is open, accountable, consultative 
and transparent. Public submissions are called to obtain the views of interested parties on 
draft variations  to the Code.  
 
FSANZ now invites further comment from industry, consumers and other stakeholders on the 
proposed regulatory measure for managing the risks associated with HCN in apricot kernels, 
including on the potential impacts and costs outlined in the c ost benefit analysis and 
contained in the consultation RIS at SD2.  Comments are specifically requested from the 
apricot kernel industry  on the questions raised in the consultation RIS (SD2 ).  Additional 
inform ation in response to this Call f or Submissions may enable FSANZ to conduct a more 
quantitative analysis for the Decision RIS, depending on the quality of data/information 
received from affected parties. This could potentially result in FSANZ arriving at a different 
preferred option.  
 
All public comment s received are reviewed and considered before approval of a variation to 
the Code by the FSANZ Board.  All comments are valued and contribute to the rigour of our 
assessment.  
 
A communication strategy has been developed for this Proposal. All calls for submissions are 
notified via the FSANZ Notification Circular, media release and through FSANZ’s social 
media tools and Food Standards News. Subscribers and interested parties are also notified 
via email about the availability  of reports for public comment. Individuals  and organisations 
making submissions on this Proposal will be notified at each stage of assessment.  
2.4.2 World Trade Organization (WT O) 
As members of the World Trade Organization (WTO), Australia and New Zealand are obliged 
to notify WTO member nations where proposed mandatory regulatory measures are 
inconsistent with any existing or imminent international standards and the proposed measure 
may have a significant effect on trade.  
 
There are no relevant international standards and amending the Cod e to prohibit the sale of raw 
apricot kernels , both unhulled (with skin)  and hulled (without skin, ) and any substance derived 
from raw apricot kernels which is not processed further may  have a significant effect on 
international trade. The majority of apricot kernels used in Australia (approximately 20,000 kg 
per annum  worth approximately $600,000 to the apricot kernel industry ) are imported .  The 
targeted consultation undertaken with apricot kernel businesses  in New Zealand did not provide 
any feedback  on the use of this product in New Zealand.  However , it is expected that, similar ly 
to Australia,  the majority of the kernels used there are imported. Therefore, a notification to the 
WTO under Australia’s and New Zealand’s  obligations under the WTO Sanitary and 
Phytosanitary Measures Agreement has been made to enable other WTO members to 
comment on the proposed amendments . 
2.5 FSANZ Act assessment requirements 
When assessing this Proposal and the subsequent development of a food regulatory 
measure, FSANZ has had regard to the following matters in section 59 of the FSANZ Act:  
11 2.5.1 Section 59  
2.5.1.1 Cost benefit analysis  
Paragraph 59(2)(a) of the FSANZ Act requires FSANZ to have regard to whether the costs 
arising from a food regulatory measure developed for this Proposal would outweigh the direct 
and indirect benefits to the community, Government and industry that arise f rom the 
measure.  
 
A consultation RIS ac companies this call for submissions  and assessment summary (SD 2). It 
provides a qualitative cost benefit analysis using the information currently available to 
FSANZ. Additional information from the c onsul tation may enable FSANZ  to undertake a 
more quantitative  based impact analysis of the proposed options in the D ecision RIS . This 
depends however on the quality of data/information received from affected parties. The 
information/dat a received as a result of this consul tation may result in FSANZ arriving at a 
different preferred option.  
 
A range of specific questions are posed in the Consultation RIS (ID No. 16574 ) to assist in 
the development of a Decision  RIS and further consideration by FSANZ.  
 
In addition to the call for submissions on the draft variation, FSANZ  is seek ing comment on 
the Consultation RIS at SD2 and responses to a number of specific questions .  
 The RIS and preferred option for this Proposal was approved by the Office of Best Practice 
Regulation (OBPR) in September 201 4.  
 
For further information and specific questions on which FSANZ  is seeking comment , refer t o 
SD2.  
 
2.5.1.2 Other measures  
 
For the reasons described in the Consultation RIS , FSANZ is satisfied that no other  
measures would be more cost -effective than a food regulatory measure.  
2.5.1.3 Any relevant New Zealand standards  
There are no relevant New Zealand Standards.  However, the proposed draft variations will 
apply in both Australia and New Zealand.   
2.5.1.4 Any other relevant matters  
Some people consume raw apricot kernels because of claims of health benefits (e.g. 
prevention or curing of cancer) , but may not be aware of the risks of HCN poisoning. There 
are a range of w ebsites that are marketing these products.    
2.6 Subsection 18(1)  
FSANZ has also considered the three objectives in subsection 18(1) of the FSANZ Act 
during the assessment.  
2.6.1 Protection of public health and safety  
In regard to raw, unhu lled and hulled apricot kernels, FSANZ has co ncluded that a 
prohibition would support the primary objective of protecting public health and safety  by 
lowering the risk of future poisoning incidences in Australia and New Zealand.  
12 2.6.2 The provision of adequate information relating to food to enable consumers to 
make informed choices  
The issue of labelling raw apricot kernels to enable consumers to make inform ed decisions is 
considered in the Consultation RIS . However, FSANZ did not consider that labelling of 
apricot kernels was an appropriate risk management measure  to mitigate a potentially 
serious public health risk for the general community where public awareness of the risk is 
low.  
2.6.3 The prevention of  misleading or deceptive conduct  
The prohibition on the sale of raw apricot kernels protects new consumers unaware of risks 
of consumption of raw apricot kernels and the unproven associated health benefit claims 
supporting the objective of prevention of mi sleading or deceptive conduct.  
2.7 Subsection 18(2) considerations  
FSANZ has also had regard to:  
 
• the need for standards to be based on risk analysis using the best available 
scientific evidence 
 FSANZ has assessed and characterised the risk from the cons umption of HCN in raw apricot 
kernels. This risk assessment has considered all available information (national and 
international), including animal and human toxicity , relevant t o the safety of raw apricot 
kernels .  
 
• the promotion of consistency between domestic and international food 
standards  
 
The proposed variation to prohibit the sale of raw apricot kernels is not consistent with any international legislation, as there are no standards for raw, unhu lled or hulled apricot kernels  
in other countries. However FSANZ considers taking an independent approach to this issue 
is justified on the grounds of protection of public health and safety  
 
• the desirability of an efficient and internationally competitive food industry  
 
Australia and New Zealand’s reputation as a producer of safe food is an important factor in 
being regarded as an internationally reputable food industry. However, t here are no relevant 
international standards and amending the Code to prohibit the sale of raw apricot kernels 
both unhulled (with  skin), hulled (without skin) and any substance derived from raw apricot 
kernels which is not processed further may have a n effect on international trade.  Therefore, 
FSANZ has made a notification to the WTO in order to  understand these impacts on the 
apric ot kernel industry. In addition, the Consultation RIS has specific questions for importers 
of apricot kernels in order to further understand the cost impacts on industry.   
 
• the promotion of fair trading in food 
 
No fair trading issues have been identified for the purposes of this Proposal .  
 
  
13 • any written policy guidelines formulated by the Ministerial Council12 
 
No Policy Guideline is applicable.  
 
3. Draft variation  
The draft variation is at Attachment A. The variation is intended to take effect on  gazettal.   
 
A draft explanator y statement is at Attachment B. An explanatory statement is required to 
accompany an instrument if it is  lodged on the Federal Register of Legislative Instruments.  
3.1 Transitional arrangements  
The draft variation will commence  on the date of gazettal. FSANZ considers that no 
transitional arrangements are required for this Proposal on the basis that  the proposed 
amendments are required to reduce identified public health and safety concerns from 
consumption of raw apricot kernels . Relevant parties have been kept informed of this 
proposal and can make appropriate commercial decisions to minimise the cost.  
3.1.1  Transitional arrangements for Code Revision  
FSANZ has review ed the Code in order to improve its clarity and legal efficac y through Proposal 
P1025 – details of which are on the FSANZ website13. The FSANZ Board has approved draft 
variations arising from this Proposal  and notified that decision to Ministers. If no review is 
requested by Ministers, it expected that the new Code w ill commence on 1 March 2016  and will 
repeal and replace the current Code. The new Code will then need to be amended to 
incorporate any outstanding changes made to the current Code, including the variations at 
Attachment A.  
 
4. References  
Akıl M et al (20 13) Acute cyanide intoxication due to apricot seed ingestion.  J Emerg Med . 44: 285-6  
 
Akyildiz BN at al (2010) Cyanide poisoning caused by ingestion of apricot seeds. Ann Trop Paediatr.  
30:39-43.  
 
Atkinson K. (2006). Apricot kernels carry risk of cyanide poisoning. Accessed at: 
http://www.nzherald.co.nz/organisation/story.cfm?o_id=324&objectid=10379786  
 Cigolini D et al (2011) Hydroxocobalamin treatment of acute cyanide poisoning from apricot kernels. Emerg Med J. 28: 804-5.  
 
Codex Standard for Sweet Cassava (2005). Codex Stan, 238-2003.  
 
Codex Committee on Contaminants in Foods. (2008) Discussion paper on cyanogenic glycosides. 
CX/CF 09/3/11. Rome: FAO/WHO.  
 FSANZ (2011) FSANZ warns against consuming raw apricot kernels. 4 November 2011. 
http://www.foodstandards.gov.au/media/Pages/mediareleases/mediareleases2011/fsanzwarnsagainst
con5338.aspx   
 
Gandhi VM et al (1997) Safety evaluation of wild apricot oil. Food Chem Toxicol. 35:583-7.  
12 Now known as the  Australia and New Zealand Ministerial Forum on Food Regulation (convening as the 
Australia and New Zealand Food Regulation Ministerial Council)  
13 http://www.foodstandards.gov.au/code/proposals/Pages/proposalp1025coderev5755.aspx   
14                                                 Haque MR, Bradbury JH. (2002) Total cyanide determination of plants and foods using the picrate and 
acid hydrolysis methods. Food Chemistry . 77(1): 107-114.  
 
Holzbecher MD, Moss MA, Ellenberger HA (1984) The cyanide content of laetrile 
preparations, apricot, peach and apple seeds. Journal of Toxicology. Clinical Toxicology 22 
(4): 341 -347. 
 
Lasch, et al. (1981) Multiple cases of cyanide poisoning by apricot kernels in children from Gaza. 
Pediatrics 68: 5-7  
 
Sayre JW, Kaymakcalan  S. (1964) Cyanide poisoning from apricot seeds among children in Central 
Turkey. N Engl J Med. 270:1113– 1118 
 
Suchard et al (1998) Acute cyanide toxicity caused by apricot kernel ingestion. Ann Emerg Med. 
32:742-4  
 
USFDA 
http://www.fda.gov/food/ingredientspackaginglabeling/foodadditivesingredients/ucm091048.htm  
 
Attachments  
 
A. Draft variation to the Australia New Zealand Food Standards Code  
B. Draft Explanatory Statement  
15 Attachment A – Draft variation to the Australia New Zealand Food 
Standards Code  
 
 
Food Standards (Proposal P1016 – Hydrocyanic Acid in Apricot Kernels & Other Foods) 
Variation  
 
 
The Board of Food Standards Australia New Zealand gives notice of the making of this variation under 
section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on the 
date specified in clause 3 of this variation.  
 
Dated [To be completed by Standards Management Officer]  
   
 
 
Standards Management Officer  
Delegate of the Board of Food Standards Australia New Zealand  
 
  
 
Note:    
 
This variation will be published in the Commonwealth of Australia Gazette No. FSC XX on XX Month 
20XX . This means that this date is the gazettal date for the purposes of clause 3 of the variation.  
 
  
16 1 Name 
 
This instrument is the Food Standards (Proposal P1016 – Hydrocyanic Acid in Apricot Kernels & Other 
Foods) Variation.  
 2 Variation to Standards in the Australia New Zealand Food Standards Code  
 
The Schedule varies a Standard in the Australia New Zealand Food Standards Code.  
 
3 Commencement  
 
The variation commences on the date of gazettal.  
 
SCHEDULE  
[1] Standard 1.4.4 is varied by  
 
[1.1] inserting after clause 2 
 
“3 Raw apricot kernels prohibited  
 
(1) For the purposes of this clause –  
 
raw apricot kernels  means the edible nut found within the hard shell or stone of Prunus 
armeniaca and includes dehulled, ground, milled, cracked, chopped or whole 
kernels . 
 
(2)  Raw apricot kernels or any substance derived therefrom  must not be intentionally added to 
food or offered for sale as a food.  
 
(3) Subclause 2 does not apply to –  
  
(a) alcoholic beverages;  
(b) oil;  
(c) flavourings;  
(d) stone fruit juices;  
(e) marzipan;  
(f) cakes;  
(g) biscuits; and 
(h) confectionery . 
 (4) To avoid doubt, subclause 2  does not prevent apricots containing raw apricot kernels from 
being added to food or offered for sale as a food.  
 
(5) Subclause 1(2) of Standard 1.1.1 does not apply in relation to any variation made by Food 
Standards (Proposal P1016 – Hydrocyanic Acid in Apricot Kernels & Other Foods) Variation. ” 
 
[1.2] updating the Table of Provisions to reflect this  variation.  
 
 
 
 
  
17 Attachment B – Draft Explanatory Statement  
1. Authority  
 
Section 13 of the Food Standards Australia New Zealand Act 1991 (the FSANZ Act) provides 
that the functions of Food Standards Australia New Zealand ( the Authority ) include the 
development of standards and variations of standards for inclusion in the Australia New 
Zealand Food Standards Code  (the Code).  
 
Division 2 of Part 3 of the FSANZ Act specifies that the Authority may prepare a proposal for 
the development or variation of food regulatory measures, including standards. This Division 
also stipulates the procedure for considering a proposal for the development or variation of food regulatory measures .  
 FSANZ prepared Proposal P1016 to consider the risks posed by  cyanogenic glycosides in 
plant -based foods . The Authority considered the Proposal in accordance with Division 2 of 
Part 3 and has approved a draft variation to Standard 1.4.4.  
 
2. Purpose  
 
The Authority has prepared a draft variation to impose a prohibit ion on the sale of raw apricot 
kernels (unhulled and hulled) in Standard 1.4.4 with an exemption for apricot kernel -derived 
foods t hat are safe for consumption. This is due to the risk to public health and safety of the 
continued sale of raw apricot kernels (unhulled and hulled) .  
 However, t he draft variation also exempts specific foods  deriving from  apricot kernel s from 
that prohibition on the basis that these foods are safe for consumption.  
 
3. Documents incorporated by reference  
 
The variations to food regulatory measures do not incorporate any documents by reference.  
 
4. Consultation  
 
In accordance with the procedure in Division 2 of Part 3  of the FSANZ Act, the Authority ’s 
consideration of Proposal P1016 will include one round of public consultat ion following an 
assessment and the preparation of a draft variation. A call for submissions (which includes 
the assessment and the draft variation) will be released for a six -week consultation period.  
 5. Statement of compatibility with human rights  
 
This instrument is exempt from the requirements for a statement of compatibility with human 
rights as it is a non- disallowable instrument under section 94 of the FSANZ Act.  
 
6. Variation   
 
The draft variation commences on the date of gazettal and inserts n ew clause 3 into 
Standard 1.4.4  Prohibited And Restricted Plants And Fungi .  
 Proposed subclause 3(1) provides a definition of the term ‘raw apricot kernels’ for the 
purposes of clause  3. 
 
Proposed subclause 3(2 ) prohibit s raw apricot kernels or substances derived from raw 
apricot kernels from being intentionally added to food or offered for sale as food.   
  
18  
Proposed subclause 3(3) exempt s the following foods from the above prohibition:  
 (a) alcoholic beverages  
(b) oil 
(c) flavourings  
(d) stone fruit juices  
(e) marzipan  
(f) cakes  
(g) biscuits  
(h) confectionery . 
 Proposed subclause 3(4) states  that the prohibition in subclause 3(2) does not prevent  
apricots containing raw apricot kernels from being added to food or offered for sale as a food.  
 Proposed subclause 3(5) states  that the stock -in-trade exemption provided by subclause 1(2) 
of Standard 1.1.1 will not apply in relation to the amendments to Standard 1.4.4 made by the 
draft variation . 
19