Document ID: chunk:federal_register_of_legislation:F2022L01061:body:0:p1
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Food Standards (Proposal P1030 – Composition and Labelling of Electrolyte Drinks) 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.

9 August 2022

Matthew O'Mullane
Delegate of the Board of Food Standards Australia New Zealand

Note:
This variation will be published in the Commonwealth of Australia Gazette No. FSC 150 on 12 August 2022. 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 P1030 – Composition and Labelling of Electrolyte Drinks) Variation.

2 Variation to Standards in the Australia New Zealand Food Standards Code
The Schedule varies Standards 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) During the transition period, a food product may be sold if the food product complies with one of the following:

             (a)  the Code as in force without the variations made by this instrument; or

      (b)      the Code as amended by the variations made by this instrument.

     (3) For the purposes of this clause, transition period means the period commencing on the variation's date of commencement and ending 24 months after the date of commencement.

Schedule
[1] Standard 1.1.2 is varied by omitting the definition of 'electrolyte drink' in subsection 1.1.2—3(2), substituting
electrolyte drink means a drink formulated for the rapid replacement of fluid, carbohydrate and electrolytes during or after 60 minutes or more of sustained strenuous physical activity.
[2] Standard 1.2.1 is varied by omitting paragraph 1.2.1—8(1)(t), substituting
         (t) the declarations and other information required for electrolyte drinks and for electrolyte drink bases (see Standard 2.6.2);
[3] Standard 2.6.2 is varied by
[3.1] inserting after Note 2 to the Standard
Division 1 Preliminary
[3.2] omitting section 2.6.2—2, substituting
2.6.2—2 Definitions
Note 1 In this Code (see section 1.1.2—2):
            average quantity, of a substance in a food, means the average, for such foods from that producer or manufacturer, of:
            (a) where a serving or reference amount is specified—the amount of the substance that such a serving or reference amount contains; or
                     (b) otherwise—the proportion of that substance in the food, expressed as a percentage.
                         Note See also section 1.1.1—6.
            claim means an express or implied statement, representation, design or information in relation to a food or a property of food which is not mandatory in this Code.
  claim