Document ID: chunk:federal_register_of_legislation:F2024C00724:front:0:p4
Version: federal_register_of_legislation:F2024C00724
Segment Type: other
Provision Reference: 
Character Range: 8642–11308

(including amino acid modified foods)) does not apply in Australia.
 (2) Subsection (1) does not apply to wine that:
 (a) has a shelf life of more than 12 months; and
 (b) was bottled before 20 December 2002; and
 (c) complies with all food standards in the case of Australia and all food standards in the case of New Zealand, that would have applied on the date of bottling; and
 (d) is labelled with a 2002 vintage date or earlier.
1.1.1—4 Application of interpretation legislation
  This Code is to be interpreted in accordance with the rules of interpretation:
 (a) in Australia—the Acts Interpretation Act 1901 (Cth); and
 (b) in New Zealand—the Interpretation Act 1999 (NZ).
1.1.1—5 References to other instruments
 (1) In this Code:
 (a) a reference to an Act, including an Act of a State or Territory or of New Zealand, includes any instruments made under that Act; and
 (b) a reference to the Code of Federal Regulations, or CFR, is a reference to the 2022 compilation of the United States Code of Federal Regulations.
 Note  In this Code, the Code of Federal Regulations is cited in the following format:
  [title number] CFR § [section number]
 (2) Guidelines developed by FSANZ in accordance with paragraph 13(1)(c) of the FSANZ Act are to assist in the interpretation of this Code and are not legally binding.
1.1.1—6 How average quantity is to be calculated
 (1) This section applies where this Code requires an *average quantity of a substance to be declared in the labelling of a food for sale, whether as a percentage or as the amount of the substance in a serving or other amount of the food.
 Note The term average quantity is defined in section 1.1.2—2.
                   Example The Code requires the 'average quantity' of a variety of substances to be listed in the nutrition information about a food for sale, for example protein, carbohydrate and sugars.
 (2) The *average quantity is to be calculated by the manufacturer or producer using whichever of the methods in subsection (3) the manufacturer or producer considers to best represent the average quantity, taking into account any factors that would cause the actual amount of the substance in the food to vary from lot to lot, including seasonal variability.
 (3) The methods are:
 (a) the amount that the manufacturer or producer of the food determines, based on an analysis, to be the average amount of the substance in a serving or other amount of the food; or
 (b) the calculation of the actual amount of the substance, or the calculation of the average amount of the substance, in the ingredients used for the food; or
 (c) the calculation from generally accepted data relevant to