IFN 21-19 – Order amendment to classify pure and highly concentrated caffeine products as risk food

Date of effect: 16 December 2019

Attention

Importers, and brokers acting on behalf of importers, of pure and highly concentrated caffeine products.

Purpose

To advise importers and brokers that the Imported Food Control Order 2019 (the Order) was amended to classify pure and highly concentrated caffeine products as risk food.  

Key points

  • On 12 December 2019 the Order was amended to classify pure and highly concentrated caffeine products as risk food.
  • A pure and highly concentrated caffeine product is a food in which caffeine is present at a concentration of:
    1. 5% or greater, if the food is a solid or semi-solid food (non-liquid); or
    2. 1% or greater, if the food is a liquid food.
  • This change enables the department to enforce the prohibition in Standard 1.1.1 of the Australia New Zealand Food Standards Code (the Code) on imports of pure and highly concentrated caffeine products intended for retail sale.

Instructions

Instructions for importers and brokers importing pure and highly concentrated caffeine products can be viewed on the pure and highly concentrated caffeine products webpage.

Background

In July 2019, the Minister for Aged Care and Senior Australians, Minister for Youth and Sport, the Hon Richard Colbeck and the Minister for Health, the Hon Greg Hunt requested Food Standards Australia New Zealand (FSANZ) provide information about current caffeine permissions in the Code. FSANZ were asked to prepare preliminary recommendations for strengthening regulations and consumer warnings in relation to caffeine powder and high caffeine content products.

In September 2019, FSANZ published its findings of the review in the report on the safety of caffeine powders and high caffeine content products. FSANZ put forward five recommendations including an urgent proposal to amend the Code to prohibit the retail sale of these products. These recommendations were agreed to by Minister Colbeck.

In November 2019, FSANZ undertook public consultation on the proposal, Pure and highly concentrated caffeine products (P1054) to amend the Code. Following this, Standard 1.1.1 of the Code was amended on 12 December 2019 to prohibit the retail sale of pure and highly concentrated caffeine products.

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Last reviewed: 16 December 2019
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