1.

Notifying Member: AUSTRALIA

If applicable, name of local government involved (Articles 3.2 and 7.2):

2.

Agency responsible:

Food Standards Australia New Zealand

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], Other:

4.

Products covered (HS codes or national tariff lines. ICS numbers may be provided in addition, where applicable): Foods for retail sale in Australia and New Zealand in which caffeine has been added, including sports foods.

5.

Details of notified document(s) (title, number of pages and languages, means of access): Assessment of Proposal P1056 – Caffeine review (2nd Call for Submissions); (69 page(s), in English)

Link to notified document(s) and/or contact details for agency or authority which can provide copies upon request:

https://www.foodstandards.gov.au/food-standards-code/proposals/p1056

6.

Description of content: This proposal proposes to:

- Prohibit the retail sale of a food that is caffeine and prohibit the addition of caffeine to foods for retail sale unless expressly permitted

- Expressly permit the addition of caffeine to Formulated supplementary sports foods (FSSF), subject to compositional, packaging and labelling requirements.

7.

Objective and rationale, including the nature of urgent problems where applicable: This proposal considers whether measures are required in relation to the regulation of caffeine in the Australian and New Zealand food supply in order to protect public health and safety. In particular the proposal is examining: the addition of caffeine to Formulated Supplementary Sports Foods (FSSF), foods in the general food supply and the extent of risk posed to vulnerable sub-populations. This is a third round of consultation on proposed amendments to the Code to address identified risks associated with the retail sale of guarana extract as a food, and the use of guarana extract as an ingredient in food, coffee beverages containing high amounts of caffeine, and labelling of FSSF.

All proposals relating to changes in the Australia New Zealand Food Standards Code must be assessed in the context of the following objectives: (a) the protection of public health and safety; (b) the provision of adequate information relating to food to enable consumers to make informed choices; and (c) the prevention of misleading or deceptive conduct. FSANZ must also have regard to the promotion of consistency between domestic and international foods standards.

The objective and rationale is to amend the Code to protect public health and safety, with respect to the addition of caffeine to foods.

8.

Relevant documents:

Australia New Zealand Food Standards Code (English): https://www.foodstandards.gov.au/code/Pages/default.aspx

9.

Proposed date of adoption: Notification to Australian and New Zealand Government anticipated early 2026 with adoption (gazettal) to follow approximately 3 months later, pending Government consideration.

Proposed date of entry into force: A two-year transition period has been proposed, beginning on the date of gazettal and pending Government consideration of the proposal (see above).

10.

Provision of comments

Final date for comments: 3 January 2026

[X] 60 days from notification

Contact details of agency or authority designated to handle comments regarding the notification:

WTO TBT Enquiry Point

Office of Global Trade Negotiations

Department of Foreign Affairs and Trade

Canberra

Tel: +(61) 2 6261 1111

Email: tbt.enquiry@dfat.gov.au

Website: https://www.dfat.gov.au/