Document ID: chunk:federal_register_of_legislation:F2015L00467:body:0:p1
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Food Standards (Proposal P1025 – Code Revision) Variation

The Board of Food Standards Australia New Zealand gives notice of the making of this standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on 1 March 2016.

Dated 25 March 2015
Standards Management Officer
Delegate of the Board of Food Standards Australia New Zealand

Note:

This Standard will be published in the Commonwealth of Australia Gazette No. FSC 96 on 10 April 2015.

Standard 2.6.4 Formulated caffeinated beverages

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.
2.6.4—1 Name
  This Standard is Australia New Zealand Food Standards Code – Standard 2.6.4 – Formulated caffeinated beverages.
 Note Commencement:
This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.
2.6.4—2 Definitions

Note In this Code (see sections 1.1.2—3 and 1.1.2—6):
 non-alcoholic beverage:
 (a) means:
 (i) packaged water; or
 (ii) a water-based beverage, or a water-based beverage that contains other foods (other than alcoholic beverages); or
 (iii) an electrolyte drink; and
 (b) does not include a brewed soft drink.
 formulated caffeinated beverage means a flavoured, non-alcoholic beverage, or a flavoured, non-alcoholic beverage to which other substances (for example, carbohydrates, amino acids, vitamins) have been added, that:
 (a) contains caffeine; and
 (b) has the purpose of enhancing mental performance.
 To avoid doubt, a formulated caffeinated beverage is a water based flavoured drink for the purposes of item 14.1.3 of section S15—5, and section S18—10.
  In this Standard:
  listed substance means a substance listed in Column 1 of the table in section S28—2.
2.6.4—3 Composition—formulated caffeinated beverages
  A formulated caffeinated beverage:
 (a) must contain no less than 145 mg/L and no more than 320 mg/L of caffeine in total, from any source; and
 (b) may contain a listed substance.
2.6.4—4 Prohibition on mixing formulated caffeinated beverages
  A food for sale (other than a formulated caffeinated beverage) must not be a mixture of a non-alcoholic beverage and a formulated caffeinated beverage.
2.6.4—5 Labelling requirements—formulated caffeinated beverage
Required declarations
 (1) For the labelling provisions, the required declarations of average quantities are a declaration of the *average quantity, per serving size and per 100 mL, of:
 (a) caffeine, expressed in milligrams; and
 (b) each listed substance