Document ID: chunk:federal_register_of_legislation:F2024L01151:front:0:p1
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Food Standards (Proposal P1028 – Infant Formula Products – Consequential Amendments) 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 variation commences on the date specified in clause 3 of this variation.

Dated 12 September 2024

Christel Leemhuis, General Manager Risk Assessment and Science Branch
Delegate of the Board of Food Standards Australia New Zealand

Note:
This variation will be published in the Commonwealth of Australia Gazette No. FSC 171 on 13 September 2024. This means that this date is the gazettal date for the purposes of clause 3 of the variation.

1 Name
This instrument is the Food Standards (Proposal P1028 – Infant Formula – Consequential Amendments) Variation.

2 Variation to standards in the Australia New Zealand Food Standards Code
     (1) The Schedules to this instrument vary Standards in the Australia New Zealand Food Standards Code.
     (2) Each Standard that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

3 Commencement
This instrument commences immediately after the commencement of the Food Standards (Proposal P1028 – Infant Formula) Variation.

     4 Effect of the variations made by this instrument

     (1) Section 1.1.1—9 of Standard 1.1.1 does not apply to the variations made by this instrument.

     (2) During the transition period, a food product may be sold if the product complies with one of the following:

          (a) the Code as in force without the variations made by the instruments; or

          (b) the Code as amended by the variations made by the instruments.

     (3) For the purposes of this clause:

          (a) the instruments means:

             (i) this instrument; and

             (ii) the Food Standards (Proposal P1028 – Infant Formula) Variation;

          (b) the transition period means the period commencing on the date of commencement of the Food Standards (Proposal P1028 – Infant Formula) Variation and ending 60 months after that date of commencement.

Schedule 1

Schedule 29—Special purpose foods

[1] Sections S29—2 to S29—10
 Repeal the sections, substitute:

           S29—2                Infant formula products—calculation of energy content

                              (1)      For paragraph 2.9.1—4(2)(a), the energy content of infant formula product must be calculated using:

                                           (a)     the energy contributions of the following *components only:
                                                         (i)      fat; and
                                                         (ii)      protein; and
                                                         (iii)     carbohydrate; and
                                           (b)     the relevant energy factors set out in section S11—2.

                              (2)      The energy content of an infant formula product must be expressed in kilojoules.

           S29—2A             Infant formula products—calculation of protein content

                                        For paragraph 2.9.1—4(2)(b), the protein content of infant formula product must be calculated by multiplying the nitrogen content