Decision made about Infant Formula Products Standard in August 2024
In August 2024, the New Zealand Government opted out of the changes made under the Food Standards Australia New Zealand (FSANZ) Proposal P1028 (Infant Formula).
P1028 Infant Formula – (Food Standards Australia New Zealand) FSANZ
This means all requirements for infant formula products in the Australia New Zealand Food Standards Code as of 12 September 2024 (prior to the gazettal of changes under P1028) remain in effect in New Zealand. This includes Standard 2.9.1 Infant Formula Products (gazetted on 30 November 2023) following Amendment No. 223.
To reflect New Zealand’s decision to opt out, FSANZ prepared Proposal P1064 Australian-only Infant Formula Product Standard to amend the Australia New Zealand Food Standards Code to insert a note outlining that Standard 2.9.1 (as at 13 September 2024) applies in Australia only.
P1064 Australian-only Infant Formula Product Standard – FSANZ
Current New Zealand requirements
The requirements for the composition, labelling, and representation of infant formula products are in various standards and schedules across the Australia New Zealand Food Standards Code.
Recent amendments to the Australia New Zealand Food Standards Code mean that New Zealand-specific requirements are now found in the previous versions of the relevant standards or schedules. FSANZ will continue to process applications or proposals that impact infant formula products, which will result in further amendments to the Australia New Zealand Food Standards Code. We will update this page to include any additional standards or schedules that are impacted.
To help manufacturers and suppliers understand current requirements, the relevant standards and schedules that apply to infant formula products in New Zealand are provided below for quick reference purposes only. The standards and schedules linked below are marked as superseded on the Australian Government Federal Register of Legislation. However, in New Zealand they remain the authoritative versions, as these specific versions have been formally adopted under New Zealand law.
While links have been provided on this page it is the responsibility of manufacturers and suppliers of infant formula products to satisfy themselves that they are complying with the requirements of the Australia New Zealand Food Standards Code adopted by New Zealand, that apply to their food business.
For other food products, refer to the Food Standards Code legislation.
Standard 2.9.1 Infant Formula Products (F2023C01180 (C08))
The version of this standard that applies to New Zealand is available to download for your reference.
Other standards and schedules for infant formula product requirements that apply in NZ
All of these affected standards and schedules are from the Australia New Zealand Food Standards Code and are also hosted on the Australia Federal Register of Legislation website.
Standards
Standard 1.1.2 Definitions used throughout the Code (F2024C00725 (C14))
Standard 1.2.7 Nutrition, health and related claims (F2024C01139 (C07))
Standard 1.3.1 Food additives (F2019C00125 (C03))
Standard 1.5.1 Novel foods (F2017C00324 (C01))
Schedules
Schedule 3 Identity and purity (F2024C00740 (C27))
Schedule 8 Food additive names and code numbers (for statement of ingredients) (F2021C00324 (C06))
Schedule 15 Substances that may be used as food additives (F2024C00545 (C14))
Schedule 18 Processing aids (F2024C00741 (C44))
Schedule 19 Maximum levels of contaminants and natural toxicants (F2024C00139 (C05))
Schedule 25 Permitted novel foods (F2023C00770 (C07))
Schedule 26 Food Produced using gene technology (F2025C00536 (C28))
Schedule 29 Special purpose foods (F2023C01173 (C13))
Exporting infant formula products
To export infant formula products, you’ll need to meet the rules for New Zealand products (unless you have an exemption) as well as the rules in your destination market.
To Australia
Following the gazettal of P1028, there is a transition period of 5 years (inclusive of stock-in-trade). The transition period ends on 13 September 2029. During the 5-year transition period, infant formula products may be sold in Australia if they comply with either the Australia New Zealand Food Standards Code as in force prior to the gazettal of changes under P1028 (outlined above) or the revised Australian requirements made under P1028.
An exemption cannot be sought for Australia.
To countries other than Australia
If exporting infant formula products to countries other than Australia, you can apply for an exemption.
Exempting food exports from New Zealand requirements
Who to contact
If you have questions regarding the New Zealand requirements for infant formula products, email InfantFormulaStd@mpi.govt.nz
