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Food Standards Code Change: Cyanide Levels in Vege Chips

By Jamie Nettleton, Partner
17 September 2009

Amendments to Standard 1.4.1 of the FSANZ Code has meant that levels of hydrocyanic acid (cyanide) will now be regulated in vegetable crackers/chips (cassava-based chips). Suppliers will need to comply with the amended Standard or face fines of up to $275,000.

FSANZ Code is a collection of individual food standards which have the force of law.  It is an offence in New Zealand, and a criminal offence in Australia to supply food that does not comply with the FSANZ Code.

Why have changes been introduced?

Cassava is mainly harvested in South East Asian countries. The root is commonly known as tapioca and is often used as an alternative to gluten based products, particularly in chips. 

The amendments were introduced due to a NSW Food Authority recall of vegetable (cassava-based) crackers after finding high levels of cyanogenic glycoside, which can trigger cyanide to be made in the gut and is particularly harmful to children.

What are the main changes to the Standard?

There are three main changes to Standard 1.4.1:

Contraventions

The amended Standard 1.4.1 took effect from 30 April 2009. In Australia, contraventions of the FSANZ Code are monitored by various State/Territory food authorities. Maximum penalties for breaching the FSANZ Code range from $55,000 for an individual to $275,000 for a corporation.  Breaches of the FSANZ Code can also result in expensive product recalls and negative publicity.

FSANZ has not ruled out further regulation of cyanide products, stating that there are ‘potential public health implications' in foods such as apricot kernels and linseed products, suggesting that they may be covered by future amendments.

The assistance of Amy Cowper, Solicitor in writing this article is appreciated.

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