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Food Standards Code Change: All Bread to Contain Folic Acid

By Jamie Nettleton, Partner
21 September 2009

From 13 September 2009, all wheat flour for making bread (except organic) in Australia must contain added folic acid.

Millers will need to comply with the amended Standard 2.1.1 of the FSANZ Code 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 regulations been introduced?

Consumption of folic acid by pregnant women has been proven to reduce the risk of neural-tube defects such as spina bifida in unborn children.  In Australia, folic acid is currently added to food products such as cereal and fruit juice.

What are the key changes to the Standard?

There are three main changes to Standard 2.1.1:

In addition:

Contraventions

The amended Standard 2.1.1 took effect from 13 September 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 lead to expensive product recalls and negative publicity.

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

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