Document ID: chunk:federal_register_of_legislation:F2023L00523:body:0:p1
Version: federal_register_of_legislation:F2023L00523
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Food Standards (Application A1256 – Colour of pregnancy warning labels for corrugated cardboard packaging) 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 28 April 2023

Dr Nick Fletcher
Delegate of the Board of Food Standards Australia New Zealand

Note:

This variation will be published in the Commonwealth of Australia Gazette No. FSC 159 on 4 May 2023. 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 (Application A1256 – Colour of pregnancy warning labels for corrugated cardboard packaging) Variation.

2 Variation to a standard 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.
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) This clause applies to a food product that is an alcoholic beverage:
          (a)  that is required by subsection 2.7.1—10(1) of the Code to display a pregnancy warning mark on its outer package; and
          (b) to which subsection 2.7.1—13(2) of the Code applies.
     (3) During the transition period, the food product may be sold if the product complies with one of the following:
          (a) the Code as in force without the pregnancy warning label amendments; or
          (b)  the Code as amended by the pregnancy warning label amendments.
     (4) The food product may be sold after the transition period if:
          (a)  the product complies with the Code as amended by the pregnancy warning label amendments; or
          (b) both the following apply:
             (i) the product was packaged and labelled before 2 February 2024; and
             (ii) the labelling on the product's outer package complies with the Code as in force without the pregnancy warning label amendments.

     (5) This clause does not limit clause 4 of the Food Standards (Proposal P1050 – Pregnancy warning labels on alcoholic beverages) Variation.

     (6) For the purposes of this clause:

         (a)           the pregnancy warning label amendments means the variations made by both of the following:
            (i)             this instrument; and
            (ii) the Food Standards (Proposal P1050 – Pregnancy warning labels on alcoholic beverages) Variation;
         (b)        the transition period means the period commencing on this instrument's date of commencement and ending on 1 February 2024.

Schedule
Standard 2.7.1
[1] After subsection 2.7.1—10(2)
 Insert
            (2A)  Subsection (2) does not apply to a *pregnancy warning mark to which section 2.7.1—13