Labelling requirements 
                                                               
             The following is only a guide to the                        •  mandatory warning and advisory 
             requirements under labelling laws.  You                         statements and declarations. 
             must check the FSANZ Food Standards                      
             Code which covers in detail the labelling               General labelling requirements 
             laws that apply to both food for retail sale            The label on a package of food for retail sale 
             and to food for catering purposes. For exact            or for catering purposes generally MUST 
             details of the requirements please contact              include the following essential information: 
             FSANZ or refer to the FSANZ web site                    1. Prescribed name  
             www.foodstandards.gov.au where you can 
             access the Food Standards Code and ‘User                Name of the food product or where no name 
             Guides’.                                                is known, a name or description of the food 
             How are packaging and labelling                         that clearly states the true nature of the food. 
                                                                     Labels must tell the truth. 
             requirements checked?                                   2. Legibility requirements  
             Your Environmental Health Officer (EHO)                 Labels must be clear, in full view and in 
             will check whether you are meeting these                English. The type size of warning statements 
             requirements as part of the regular visits to           must be no less than 3mm high or not less 
             your business.                                          than 1.5mm for small packages. 
              
             Also on a random basis, samples of different            3. Food recall information 
             foods are purchased to check that they meet             In the event of a food recall labels must have 
             with the labelling and packaging                        the name and business address in Australia 
             requirements for that food.                             or New Zealand, or the manufacturer or 
                                                                     importer. Also, the lot and batch number of 
             Under the Food Act it is an offence not to              the food, and where the food was packed or 
             meet the labelling requirements. This can               prepared. 
             lead to Council taking legal action and fines 
             of up to $200,000.                                      4. Ingredient listing 
                                                                     Ingredients, additives and compound 
             Labelling requirements                                  ingredients used in the manufacture of the 
             The NEW labelling requirements allow                    food must be listed from greatest to smallest 
             consumers to make informed choices about                order of ingoing weight. 
             the food they buy. Changes such as;                     5. Date marking 
             allergen labelling which is vital to those with         Packaged foods that have a shelf life of two 
             allergies to foods and mandatory nutrition              years or less must have a ‘use by’ or ‘best 
             information which provides important                    before’ date. ‘Best before’ may still be safe to 
             nutritional information to consumers. The               eat though may have lost quality and 
             customer has the right to know what the                 nutritional value. Foods that must be 
             ingredients are in a particular food.                   consumed within a certain time for health 
                                                                     and safety reasons must have a ‘use by’ 
             The main general labelling requirements                 date. Food labelled with a  ‘use by’ date 
             cover:                                                  cannot be sold after the given date. 
                 • prescribed name; 
                 • legibility requirements;                          6. Nutrition labelling  
                 • food recall information;                          Nutrition labelling is generally required and 
                 • ingredient listing;                               must be displayed as a nutrition information 
                 • date marking;                                     panel, in a certain format, that sets out the 
                 • nutrition labelling;                              energy, protein, fat, saturated fat, 
                 • percentage labelling;                             carbohydrate, sugars and sodium content of 
                 •    direction for use and storage;                 the food. 
                 •    country of origin;                                                   Please turn over 
             LabellingRequirementsFactSheet.DOC                                                                                                                    02/06 
             7. Percentage labelling                                 Warning statements are required on: 
             Packaged foods will require labels that show                 •   condensed milk, modified milk and 
             the percentages of the main or key                               skim milk; 
             ingredients of the food product. ie the                      • kava; 
             amount of meat in a meat pie.                                •   infant formula products; 
             8. Direction for use and storage                             •   food for infants; 
                                                                          •  formulated supplementary sports 
             Where, due to the nature of the food and                         foods; and 
             reasons of health or safety, consumers need                  •   royal jelly presented as a food and 
             directions about the use or storage of the                       food containing royal jelly. 
             food. This information is mandatory for the              
             product to remain safe until its ‘use by date’.         Examples 
             eg refrigerate after opening or store away              Kava -‘Use in moderation’ 
             from sunlight.                                          Food for infants - ‘Not recommended for 
             9. Country of origin                                    infants under the age of 4 months’. 
                                                                      
             A statement is required that identifies the             Genetically modified foods require a 
             country in which the food was made or                   prescribed statement on the label that the 
             produced.                                               food or ingredient is ‘genetically modified’. 
                                                                      
             10. Mandatory warning and advisory                      These statements must always be written on 
             statements and declarations                             the food label or, in the case of foods exempt 
                                                                     from having a label, on the food package or 
                                                                     in connection with the display of the food.  
             For reasons of health and safety, the new                
             Code requires that certain information is                
             mandatory and MUST be provided to                       Mandatory advisory statements  
             consumers. This requirement applies to all              Where there is a possible health risk caused 
             foods, even those exempt from having a                  by certain foods or substances found in food 
             label.                                                  that people may be unaware of, a 
                                                                     mandatory advisory statement must be 
             This information may be in the form of:                 placed on the label to let people know.  
             a mandatory prescribed statement (which                 Mandatory Advisory statements are 
             includes warning statements);                           required for foods or substances present in 
             a mandatory advisory statement; or                      foods such as: 
             a mandatory declaration.                                     • irradiated foods; 
             The type of statement will depend on the                     • formulated meal replacements; 
             degree of risk to the health and safety of                   • formulated supplementary foods; 
             consumers.                                                   •  formulated supplementary sports 
                                                                              foods; 
                                                                          •  unpasteurised milk and liquid milk 
             Prescribed statements                                            products; 
             Prescribed statements are specific                                                 Please turn over 
             labelling statements that must be written in                 •   food containing aspartame; 
             the  exact words and format stated in the                    • unpasteurised egg products; 
             Code and includes:                                           •   food containing quinine; 
                 •    warning statements, and                             •  kola beverages containing added 
                 •    statements on food produced using                       caffeine 
                      gene technology.                                    •   food containing guarana or extracts 
                                                                              of guarana; 
              
             LabellingRequirementsFactSheet.DOC                                                                                                                    02/06 
                 • foods containing polyols or                         •   milk and milk products; 
                     polydextrose above certain levels                 •   nuts and sesame seeds and their 
                     (sweeteners).                                         products; 
            Examples                                                   •  peanuts and soybeans and their 
            Unpasteurised products - Statement to the                      products; 
            effect that the product has not been                       •   added sulphites in concentrations of 
            pasteurised.                                                   10mg/kg or more; 
            Kola beverages containing added caffeine -                 •  royal jelly presented as a food or 
            Statement to the effect that the product                       royal jelly present in a food; 
            contains caffeine.                                         •   bee pollen; and 
                                                                       •   propolis (bee products). 
            In the case where foods are exempt from                
            having a label and require mandatory                  Example 
            advisory statements, the information may              Peanut oil is used as an ingredient in a stir-
            be provided either: 
                 •  by a sign displayed on or in                  fry and therefore needs to be declared as an 
                     connection with the display of the           ingredient.  
                     food, or                                     In the case where foods are exempt from 
                 •   verbally or in writing if requested by       having a label and require mandatory 
                     the purchaser.                               declarations, the information may be 
                                                                  provided either: 
            This means that in a restaurant situation the              •  by a sign displayed on or in 
            information provided to the customer could                     connection with the display of the 
            be verbal, or written on the menu.                             food, or 
                                                                       •   verbally or in writing if requested by 
            Mandatory declarations                                         the purchaser. 
            The most common foods, ingredients or                  
            main part of an ingredient that can cause             This means that in a restaurant situation the 
            some people serious harmful reactions must            information provided to the customer could 
            be declared on the label however small the            be verbal, or written on the menu.  
            amount. This declaration is usually in the            Additional general information 
            ingredient list.                                      requirements 
            Mandatory declarations are required when 
            certain substances are present in food as:            In addition to the core requirements there 
                 • an ingredient;                                 are requirements that cover the following: 
                 •   part of a compound ingredient;                    • health claims; 
                 •   food additive or main part of a food              • nutrition claims; 
                     additive; or                                      •  labelling in relation to the vitamin 
                 •  processing aid or main part of a                       and mineral content; 
                     processing aid.                                   •   labelling of irradiated food or food 
                                                                           containing ingredients that have 
            And includes:                                                  been irradiated; and  
                 • cereals and cereal products                         • novel foods. 
                     containing gluten namely; wheat,              
                     rye, barley, oats, spelt and their           Commodity specific labelling 
                     hybridised strains;                          requirements       require that specific 
                 • crustacea (shellfish) and their                information be provided on the label of 
                     products;                                    certain classes/types of food such as: 
                 •   egg and egg products;                             •   meat and meat products; 
                 •   fish and fish products;                           •   fish and fish products; 
                                                                                          Please turn over 
            LabellingRequirementsFactSheet.DOC                                                                                                                    02/06 
               • edible oils;                              Small packages 
               •  fruit juice and vegetable juice;         Small packages are defined as packages 
                                                                                               2
               • non alcoholic beverages and               with a surface area of less than 100cm . 
                  brewed soft drinks;                      Packages of this size have labelling and 
               • kava;                                     other information requirements applied 
               •  labelling of alcoholic beverages and     differently and are exempt from certain 
                  food containing alcohol;                 requirements. 
               •  wine and wine product;                    
               • spirits;                                  For further information refer to the Packaging 
               • honey;                                    and Labelling fact sheet and the FSANZ 
               •  infant formula products;                 web site www.foodstandards.gov.au. 
               •  foods for infants;                        
               •  formulated meal replacements and         Important. The information that is provided 
                  formulated supplementary foods;          in this fact sheet is only a guide to the 
               •  formulated supplementary sports          labelling requirements. You must check the 
                  foods; and                               FSANZ Food Standards Code for exact 
               •  salt and salt products.                  details.  
                                                            
           Exemptions from labelling 
           requirements 
           Some foods are generally exempt from 
           some of the labelling requirements and 
           these include: 
               •  food that is not packaged;  
               •  food in an inner package that is sold 
                  in an outer package, except 
                  individual portion packs, which 
                  contain substances that must be 
                  declared;  
               •  food made and packaged from the 
                  premises from which it is sold; 
               •  food packaged in front of the 
                  purchaser; 
               • whole or cut fresh fruit and 
                  vegetables, (except sprouting 
                  seeds eg alfalfa), where the nature 
                  and quality can still be seen through 
                  the packaging; 
               •  food delivered packaged, and ready 
                  to eat, as ordered by the customer; 
               •  food sold at a fundraising event. 
            
           Please note; even when exempt from 
           displaying a label certain information about a 
           food MUST be available to the consumer. 
           Eg Information covered by Mandatory 
           warning and advisory statements and 
           declarations.  
            
           LabellingRequirementsFactSheet.DOC                                                                                                                    02/06