What’s changing?
- 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.
- Labelling 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 mg. New warning and advisory labelling requirements apply, along with packaging requirements for certain FSSF in a multipack.
What’s not changing?
- Existing permissions for some beverages: Current permissions for caffeine in energy drinks and cola drinks remain unchanged.
- Naturally occurring caffeine: 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.
- Novel food requirements: 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.
Why this matters:
- Clearer rules: The changes clarify when caffeine can be added to food and help limit further growth of highly caffeinated products in the general food supply.
- Informed consumers: Labelling for coffee beverages will provide clearer information where caffeine levels are high.
- Public health and safety: The amendments reduce the risk of excessive caffeine intake while maintaining access to permitted safe products.
- Support for innovation: Defined limits for caffeine in sports foods allow product development while maintaining clear safety boundaries.
Consultation and assessment
The proposal was assessed under FSANZ’s general procedure and included 3 rounds of public consultation.
Feedback from consultation, along with scientific risk assessment and engagement with stakeholders, informed our final decision and the development of the amendments to the Code.
Approval
- P1056 Approval report (1.72MB)
- P1056 Safety Assessment (at Approval) (759KB)
- P1056 Dietary Intake Assessment (677KB)
- P1056 Social Science Literature Review (at Approval) (1.15MB)
- P1056 Assessment of caffeine and sports performance (2.49MB)
- P1056 Decision Regulatory Impact Statement (1.07MB)
Public consultations
Final consultation was held from 31 October 2025 to 12 December 2025.
- Consultation paper (754KB)
Click here to view submissions from the final consultation.
The 2nd call for submissions was undertaken from 4 March 2025 to 15 April 2025. Read our media release.
- Call for submissions (813KB)
- Supporting document 1 - Safety assessment of caffeine (686KB)
- Supporting document 2 - Dietary Intake Assessment (501KB)
- Supporting document 3 - Consumer behaviours, understandings, risk perceptions, and information sources regarding caffeinated foods (915KB)
- Supporting document 4 - Assessment of caffeine and sports performance (772KB)
- Supporting document 5 - Costs and Benefits Analysis (554KB)
Click here to view submissions from the second consultation.
The 1st Call for submissions was held from 19 December 2023 to 13 February 2023. Read our media release.
- Call for submissions (751KB)
- Supporting document 1 - Safety assessment of caffeine (751KB)
- Supporting document 2 - Dietary Intake Assessment (526KB)
- Supporting document 3 - Social science Literature Review (1.04MB)
- Supporting document 4 - Assessment of caffeine and sports performance (2.29MB)
Click here to view submissions from the first consultation.
Administrative assessment
Background
Caffeine has a long history of safe use and is widely consumed through foods and drinks such as tea, coffee and cola. For most healthy adults, moderate caffeine intake does not cause harm. However, the same substance can pose health risks in certain circumstances, depending on dose, pattern of consumption and who is consuming it.
The primary factor that determines whether caffeine is safe or harmful is how much is consumed at one time or over a day. At lower doses, caffeine can increase alertness and reduce fatigue. As intake increases, however, the likelihood and severity of adverse effects also increase.
Proposal P1056 sought to address issues raised in Urgent Proposal P1054 - Pure and highly concentrated caffeine products which was prepared as an emergency interim response and prohibited 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 prohibition came into force on 12 December 2019 and will remain in place until the completion of proposal P1056.