Document ID: chunk:federal_register_of_legislation:F2024C00724:front:0:p7
Version: federal_register_of_legislation:F2024C00724
Segment Type: other
Provision Reference: 
Character Range: 15796–18631

food standard or a domestic food standard;
 (b) …
1.1.1—10 Requirements relating to food for sale
 (1) This section applies in relation to food for sale.
Compositional requirements
 (2) Subject to this section, food for sale may consist of, or have as an ingredient, any food.
 (3) Food for sale must comply with any provisions of this Code relating to the composition of food of that kind (including provisions relating to the presence of other substances in food of that kind).
 (4) Where a compositional requirement permits the use of 'other foods' or 'other ingredients' as ingredients, the permission does not extend to the addition of a food or a substance that is otherwise not permitted to be added to food, or to the specified food, under this Code.
 (5) Unless expressly permitted by this Code, food for sale must not be any of the following:
 (a) a *prohibited plant or fungus, a *restricted plant or fungus, or coca bush;
 (b) if the food is for retail sale—a *novel food;
 (c) a *food produced using gene technology;
 (d) a food that has been irradiated;
 (e) kava or any substance derived from kava;
  (f) if the food is for retail sale—raw apricot kernels;
  (g) if the food is for retail sale—a food in which caffeine is present at a concentration of:
                                               (i)       5% or greater—if the food is a solid or semi-solid food; and
                                               (ii)      1% or greater—if the food is a liquid food.
 (6) Unless expressly permitted by this Code, food for sale must not have as an ingredient or a component, any of the following:
 (a) a substance that was *used as a food additive;
 (b) a substance that was *used as a nutritive substance;
 (c) a substance that was *used as a processing aid;
 (d) in Australia—a detectable amount of:
 (i) an *agvet chemical; or
 (ii) a metabolite or degradation product of an agvet chemical;
 (e) a *prohibited plant or fungus, a *restricted plant or fungus, or coca bush;
 (f) if the food is for retail sale—a *novel food;
 (g) a *food produced using gene technology;
 (h) a food that has been irradiated;
               (i) kava or any substance derived from kava;
 (j) raw apricot kernels.
 Note 1 Relevant permissions for subsections (5) and (6) are contained in various standards. See in particular:
 ● food additives—Standard 1.3.1;
 ● nutritive substances—Standard 1.3.2, Standard 2.6.2, Standard 2.9.1, Standard 2.9.2, Standard 2.9.3, Standard 2.9.4, and Standard 2.9.5;
 ● processing aids—Standard 1.3.3;
 ● agvet chemical residues—Standard 1.4.2;
 ● prohibited plants and fungi—Standard 1.4.4;
 ● novel foods—Standard 1.5.1;
 ● food produced using gene technology—Standard 1.5.2;
 ● irradiated food—Standard 1.5.3;
 ● kava—Standard 2.6.3.
 Note 2 There is an overlap between some of these categories. For