New Zealand prohibited food containing caffeine present in a concentration of 5% or more a solid or semi-solid food or 1% or more (if the food is a liquid food).

 To protect human safety and health, Food Standards Australia New Zealand (FSANZ) has approved - as an interim emergency measure - an amendment to the Australia New Zealand Food Standards Code to prohibit the retail sale of foods in which total caffeine is present in a concentration of 5% or more (if the food is a solid or semi-solid food) or 1% or more (if the food is a liquid food).

This decision followed a recent death in Australia caused by ingestion of pure or highly concentrated caffeine powder. The decision is based on a risk assessment that confirmed that pure and highly concentrated caffeine food products sold at retail directly to consumers pose an immediate and acute health and safety risk. The ingestion of small amounts of pure and highly concentrated caffeinated substances can result in death or severe health effects.

This interim measure comes into force in December 2019.

FSANZ will review this interim emergency measure and decide within 12 months whether to affirm, amend or repeal the measure, taking into account comments by WTO members received as a result of this notification. New Zealand is notifying this interim measure under both TBT and SPS Agreements as caffeine cannot be considered to be an additive for the purposes of the SPS Agreement in relation to all food stuffs – such as pure caffeine products in which it is the primary ingredient. The latter would be covered the TBT Agreement (and not the SPS Agreement).

Products covered : Food for retail sale in New Zealand in which caffeine is present at a concentration of: (i) 5% or greater - if the food is a solid or semi-solid food; and (ii) 1% or greater - if the food is a liquid food

HS code: 0901, 1806, 210390

Proposed date of adoption: The date of adoption and entry into force for the urgent measure is 12 December 2019.

Proposed date of entry into force: Note that FSANZ will review this interim emergency measure within 12 months. Notification of the final measure incorporating changes resulting from the review will follow.

Final date for comments: 60 days from notification; The final day for comments is 16 February 2020.

If the Proposal/Notification/Regulation will affect your International Business please send us your representation with facts and figures , so that these can be taken up suitably.