Australian food ministers have 60 days to review the decision. If no review is requested, the amendments will be gazetted, after which time food businesses will have two years to comply.

New Caffeine Regulations

Changes approved under P1056 include:

• Prohibition on retail sale of caffeine as a food: The Code will explicitly prohibit the retail sale of caffeine as a food.
• Restrictions on adding caffeine to food: Caffeine from all sources will not be permitted as an added ingredient in foods for retail sale unless specifically allowed elsewhere in the Code.
• Guarana extract limits: The retail sale of guarana extract with high caffeine concentrations will be restricted to reduce the risk of highly concentrated sources of caffeine being sold as food.
• Labeling for high-caffeine coffee beverages: Packaged coffee beverages that contain high levels of caffeine will need to declare caffeine content per serve in the nutrition information panel and carry an advisory statement that the product is not suitable for children under 15 years, or for pregnant or breastfeeding women.
• Permission for caffeine in sports foods: Caffeine will be permitted in formulated supplementary sports foods (FSSF) within defined limits, including a maximum one-day quantity of 200 milligrams (mg). New warning and advisory labeling requirements will apply, along with packaging requirements for certain FSSF in a multipack.

Existing, Unchanged Caffeine Regulations

Existing permissions for caffeine in energy drinks and cola beverages will remain unchanged.

Additionally, ingredients that contain caffeine by natural occurrence, such as coffee or tea, can continue to be added to food, unless they are considered an unapproved novel food. Foods or ingredients containing naturally occurring caffeine may still require a pre-market safety assessment if they meet the legal definition for a novel food under the Code.