PROPOSAL P271 - LIQUEUR DEFINITION

18 December 2002

INITIAL ASSESSMENT REPORT

DEADLINE FOR PUBLIC SUBMISSIONSto the Authority in relation to this matter:

29 January 2003

(See “Invitation for Public Submissions” for details)

Full Report [219 kb]

Executive Summary

Regulatory problem

The current definition for ‘liqueur’, in Volume 2 of the Food Standards Code, is broad enough to allow a large number of products to be classified as ‘liqueurs’ that were never intended to be so classified.   If classified as ‘liqueurs’, these products would be considered exempt from certain labelling requirements, such as ingredient labelling, percentage labelling, and nutrition information labelling. Exemption from these labelling requirements was never intended for many of these products. Different interpretation by producers and retailers of the provisions regulating liqueurs has caused some confusion throughout the industry and resulted in similar products having different labelling information, which is potentially confusing for consumers and enforcement agencies.

Conclusion and recommendations

A clearer definition for ‘liqueur’ will help ensure the fulfilment of FSANZ’s s.10 objectives and promote fair trade in the alcoholic beverages industry by helping to ensure consistent interpretation and application of the Code’s provisions.

A variation to the Code is therefore intended, which will clarify the original intent of the drafting and lead to more certainty for industry members, consumers and enforcement agencies as to which products fit the definition of ‘liqueur’.

FSANZ recommends that the Initial Assessment be accepted and that public submissions be sought in order to prepare a Draft Assessment and a draft variation to Volume 2 of the Food Standards Code.

FSANZ will request public submissions from all stakeholders, specifically seeking information from members of the alcoholic beverages industry in Australia and New Zealand on the extent of the problem and the likely costs to members of re-labelling affected products should amendments to the Code be made. FSANZ will also seek input from enforcement agencies as to any problems they have encountered that relate to this issue (e.g., uncertainty about which products fit the definition for ‘liqueur’) or any potential problems they consider likely to arise if the Code is, or is not, amended.

Full Report [219 kb]