Document ID: chunk:federal_register_of_legislation:F2024L01153:body:0:p1
Version: federal_register_of_legislation:F2024L01153
Segment Type: other
Provision Reference: 
Character Range: 0–3153

Food Standards (Proposal P1028 – Infant Formula) 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 12 September 2024

Christel Leemhuis, General Manager Risk Assessment and Science Branch
Delegate of the Board of Food Standards Australia New Zealand

Note:
This variation will be published in the Commonwealth of Australia Gazette No. FSC 171 on 13 September 2024. 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 P1028 – Infant Formula) 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 instrument commences on gazettal.

     4 Effect of the variations made by this instrument
           Note New Zealand has under Annex D of the Agreement between the Government of Australia and the Government of New Zealand Concerning a Joint Food Standards System opted out of Standard 2.9.1.

     (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 the instruments; or

          (b) the Code as amended by the variations made by the instruments.

     (3) For the purposes of this clause:

          (a) the instruments means:

             (i) this instrument; and

             (ii) the Food Standards (Proposal P1028 – Infant Formula – Consequential Amendments) Variation;

          (b) the transition period means the period commencing on this instrument's date of commencement and ending 60 months after the date of commencement.

Schedule

Standard 2.9.1

[1] Sections 2.9.1—2 to 2.9.1—25

 Repeal the sections, substitute:

           2.9.1—2 Outline of Standard

            (1) This Standard regulates various types of infant formula products.

            (2) Division 1 deals with preliminary matters.

            (3) Division 2 sets out compositional requirements for infant formula and follow-on formula.

            (4) Division 3 sets out labelling and packaging requirements for infant formula and follow-on formula.

            (5) Division 4 sets out compositional, labelling and restriction on sale requirements for a special medical purpose product for infants.

           2.9.1—3 Definitions

     Note In this Code (see sections 1.1.2—2 and 1.1.2—3):

               follow-on formula means an infant formula product that is represented as:
                   (a) either a breast milk substitute or replacement for infant formula; and
                   (b) being suitable to constitute the principal liquid source of nourishment in a progressively diversified diet for infants from the age of 6 months.
               infant