Document ID: chunk:federal_register_of_legislation:F2021L00145:reg:1:p1
Version: federal_register_of_legislation:F2021L00145
Segment Type: reg
Provision Reference: reg 1 (pt 1/4)
Character Range: 665–3577

1     Name
This instrument is the Food Standards (Proposal P1044 – Plain English Allergen Labelling) Variation.

2 Variation to standards in the Australia New Zealand Food Standards Code
The Schedule varies Standards in the Australia New Zealand Food Standards Code.

3 Commencement
The Variation commences on the date of gazettal.
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 food product complies with one of the following:
      (a) the Code as in force without the variations made by this instrument; or
      (b)      the Code as amended by the variations made by this instrument.
     (3) A food product that was packaged and labelled before the end of the transition period may be sold during the post-transition period if the product complies with one of the following:
      (a) the Code as in force without the variations made by this instrument; or
      (b) the Code as amended by the variations made by this instrument.
     (4) For the purposes of this clause:
         (a)            transition period means the period commencing on the variation's date of commencement and ending 36 months after the date of commencement;
         (b)            post-transition period means the 24 month period commencing on the day after the transition period ends.

Schedule
Standard 1.1.1
[1] Standard 1.1.1 is varied by omitting the words 'Mandatory advisory statements' from subsection 1.1.1—2(2), substituting 'Mandatory advisory statements and declarations'
Standard 1.1.2
[2] Standard 1.1.2 is varied by inserting into subsection 1.1.2—2(3), in alphabetical order
required name, of a particular food, means the name declared by section 1.2.3—5 as the required name for that food for the purposes of Division 3 of Standard 1.2.3.
Standard 1.2.3
[3] Standard 1.2.3 is varied by
[3.1] inserting after Note 2 to Standard 1.2.3
Division 1 Preliminary
[3.2] omitting section 1.2.3—1A, substituting
1.2.3—1A Definitions

Note In this Code (see section 1.1.2—2):
            required name, of a particular food, means the name declared by section 1.2.3—5 as the required name for that food for the purposes of Division 3 of Standard 1.2.3.
size of type means the measurement from the base to the top of a letter or numeral.
 [3.3] inserting after section 1.2.3—1A
Division 2 Mandatory statements
[3.4] inserting after section 1.2.3—3
Division 3 Mandatory declarations
[3.5] omitting section 1.2.3—4, substituting
1.2.3—4 Mandatory declarations of certain foods
 (1) For the labelling provisions, if a food to which this section applies is present in a food for sale in a manner listed in subsection (5), a declaration that the food is present is required.
 Note  The labelling provisions related to this requirement are set out in