Document ID: chunk:federal_register_of_legislation:F2020L00952:body:0:p1
Version: federal_register_of_legislation:F2020L00952
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Food Standards (Proposal P1050 – Pregnancy warning labels on alcoholic beverages) 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 27 July 2020
Joanna Richards
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 135 on 31 July 2020. 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 P1050 – Pregnancy warning labels on alcoholic beverages) 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 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 after the 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, the transition period means the period commencing on the variation's date of commencement and ending 36 months after the date of commencement.

Schedule
Standard 1.1.2

[1] Standard 1.1.2 is varied by inserting in subsection 1.1.2—2(3) in alphabetical order

 individual unit means a container that:
             (a)     is an innermost package; and
             (b)     contains a beverage with more than 1.15% alcohol by volume.
pregnancy warning label means either the pregnancy warning pictogram or the pregnancy warning mark.
 pregnancy warning mark means the following image comprising
             (a)    the pregnancy warning pictogram,
             (b)    the signal words "Pregnancy Warning" and
             (c)    the statement "Alcohol can cause lifelong harm to your baby",
all within a border.

 pregnancy warning pictogram means the following pictogram with the silhouette of a pregnant woman holding a wine glass within a circle with a strikethrough:

 prescribed alcoholic beverage means a beverage that
              (a)           has more than 1.15% alcohol by volume; and
              (b)           either:
                   (i)