Committee on Technical Barriers to Trade - Notification - Australia - Novel food : D-allulose from enzymatic conversion of fructose by D-psicose 3-epimerase contained in microbacterium folio

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: AUSTRALIA

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

2.

Agency responsible:

Food Standards Australia New Zealand (FSANZ)

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Australian WTO TBT Enquiry Point

Office of Global Trade Negotiations

Department of Foreign Affairs and Trade

Canberra ACT 0221

Australia

tbt.enquiry@dfat.gov.au

+61 2 6261 1111

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 or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Foods containing D-allulose sold in Australia (both imported and domestically produced)

5.

Title, number of pages and language(s) of the notified document: Approval report, Application A1247 D-allulose as a novel food; Supporting Document 1 Risk and technical assessment Application A1247 – D-allulose as a novel food.; (68 page(s), in English)

6.

Description of content: FSANZ has assessed an application to amend the Australia New Zealand Food Standards Code to permit the sale of D-allulose from enzymatic conversion of fructose by D-psicose 3-epimerase contained in Microbacterium foliorum as a novel food in Australia and New Zealand. The relevant aspects of this application are to amend the Code to:

·_        permit D-allulose in certain foods to maximum permitted levels. For details, refer to Attachment A in the Approval Report (refer to the link provided in 5 above);

·_        include an energy factor of 2 kJ/g for D-allulose for nutrition information labelling purposes;

·_        require the label of a food containing D-allulose to carry an advisory statement about the risk of a laxative effect from high intakes of some food classes; and

·_        permit foods containing D-allulose to make nutrition content claims about sugars including no added sugar(s), provided existing claim conditions are met.

7.

Objective and rationale, including the nature of urgent problems where applicable: All applications to change the Australia New Zealand Food Standards Code are 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 permit the addition of D-allulose to food, subject to compositional and labelling requirements.

8.

Relevant documents:

Australia New Zealand Food Standards Code (English)

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

9.

Proposed date of adoption: Late October 2024

Proposed date of entry into force: Late October 2024 with a 15 month period of exclusivity for D-allulose produced by Samyang, under their brand "Nexweet". An exclusivity period can be requested by an applicant, pursuant to the current Australia and New Zealand Food Regulation Policy guideline on novel foods (https://www.foodregulation.gov.au/sites/default/files/2023-08/policy-guideline-on-novel-foods.pdf), which aims to protect commercially sensitive information and recognise industry's intellectual property to the maximum extent possible. After the 15 months exclusivity period, the permission will revert to D-allulose from any manufacturer. During the exclusivity period, other manufacturers are able to apply for permission for their particular brand of D-allulose to be marketed.

10.

Final date for comments: 18 October 2024

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

Copies are also available from:

Australian WTO TBT Enquiry Point

Office of Global Trade Negotiations

Department of Foreign Affairs and Trade

Canberra ACT 0221

Australia

tbt.enquiry@dfat.gov.au

+61 2 6261 1111

Documents are available from the Food Standards Australia New Zealand website: https://www.foodstandards.gov.au/food-standards-code/applications/A1247-D-allulose-as-a-novel-food