6 January, 2020
Producers must ensure alcohol content is checked and declared.
Survey results highlight risk to public health
In 2017 and 2018, the Victorian Department of Health and Human Services tested the alcohol content of a range of fermented soft drinks including kombucha and ginger beer across Australia. The survey results revealed that a high percentage of products had an alcohol content greater than 1.15%, which was not declared on their product label as required under the Food Standards Code.
Roundtable with regulators and government stakeholders
On 31 May 2019, the Commonwealth Department of Health hosted a roundtable with industry stakeholders to discuss the results of the survey. The roundtable considered the risk that undeclared alcohol content poses to public health and risk management steps that the fermented beverage industry can take to ensure compliance with food standards and liquor laws.
The Issues Paper and the Report for the roundtable may be accessed on the website for Australian and New Zealand food regulation here.
As noted in the roundtable report, some of the key regulatory requirements are that:
- nutrition content or health claims are not permitted on beverages containing more than 1.15% alcohol; and
- beverages containing alcohol above 0.5% need a statement about their alcohol content; and
- beverages containing alcohol above either 0.5% (for QLD, Tasmania and Victoria) or 1.15% (for NSW, ACT, SA, WA and NT) must be regulated as an alcoholic beverage and licensing requirements apply.
Regulators will monitor compliance and may take action
The key takeaway from the roundtable was that producers of these types of beverages must know the level of alcohol in their products. Producers must also determine if their products meet the definition of an alcoholic beverage or a food, and comply with the relevant food standards and liquor laws.
For further information, please contact:
Ivy Keane, Ashurst
ivy.keane@ashurst.com
