Regulatory Requirements for Fat in Ice Cream, Chocolate, and Caramel (Candy) - Australia

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Regulatory Requirements for Fat in Ice Cream, Chocolate, and Caramel (Candy) - Australia

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Regulatory Requirements for Fat in Ice Cream, Chocolate, and Caramel (Candy)

Australia

The below version control table serves to document all updates made to the report. The purpose is to ensure the information is always accurate and up-to-date.

Version Number	Content Creation Date	Publishing Date	Section(s) Updated & Reason(s) for Update
V0	06 Dec 2023	07 Nov 2024	N/A (new report)

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1. ICE CREAM

1.1 Regulatory background of ice cream

Ice cream is defined in food in the Australia New Zealand Foods Standards Code (FSC) [1] under under s1.1.2—3 [2] as

Ice cream is regulated by Std 2.5.6 Ice cream [3] which sets out composition criteria for a food sold as ‘ice cream’.

1.2 Composition criteria – fat and milk fat requirement

Section 2.5.6—3 of the ice cream standard regulates its composition and requires that food sold as ‘ice cream’ must meet the FSC definition of ice cream. There is a minimum fat requirement of 100 g/kg of milk fat only. Apart from this requirement, there are no restrictions on dairy/vegetable fat ratios and no trans fat limits.

1.3 Can the milk fat be replaced by vegetable fat in ice cream?

For a product to be called ‘ice cream’, it must contain cream or milk products. It would be required to contain milk fat, specified to no less than 100 g/kg (10%) of milk fat. This means that it would not be possible to replace all milk fat with non-dairy fats and still call the product ‘ice cream’.

There is no requirement that only milk fats be used. Subject to meeting minimum milk fat requirements of 100g/kg, additional vegetable fats can be used in ice cream.

2. CHOCOLATE

2.1 Regulatory background of chocolate

Chocolate is also a defined food in the FSC. It is defined in s 1.1.2—3 [4] as :

Chocolate is regulated by Std 2.10.4 – Miscellaneous standards for other foods. [5]

2.2 Composition criteria- fat and milk fat requirement

The FSC definition of chocolate specifies that the non-dairy and non-cocoa-based fat content must not exceed 50 g/kg in chocolate. Apart from this requirement, there are no restrictions on dairy/vegetable fat ratios and no trans fat limits.

2.3 Composition criteria- fat and milk fat requirement

Chocolate is not required to contain dairy fats. This means that non-dairy fats can be used instead of dairy fats in chocolate products. However, there is a limit on the level of non-dairy fats and non-cocoa butter fats that can be added to chocolate (i.e. no more than 50 g/kg (or 5%)).

3. CARAMEL (candy)

3.1 Regulatory background caramel category (candy)

There is no specific food standard for caramel/confectionery, so these are regulated as a general food under Chapter 1 of the FSC. In that Chapter, the only regulations specific to confectionery are the additive permissions in S15. These do not relate to the use of edible oils as ingredients.

The Australian Consumer Law (ACL) [6] applies to all food businesses. Section 29(1)(a) of the ACL prohibits false and misleading representations about the composition of goods.

3.2 Composition criteria – fat and milk fat requirement

The FSC does not prescribe any fat content requirements for caramel confectionery.

3.3 Can the milk fat be replaced by vegetable fat in caramel?

As this type of product does not include dairy in the name, and definitions for the types of ingredients it contains vary, it could be possible to replace the dairy fats with non-dairy fats and still call it ‘caramel’.

There is no specific labeling requirement for a non-dairy version of caramel. However, claims and representations that caramel has only dairy fats are a high ACL risk if they have the potential to mislead a reasonable consumer about the composition of the product. The Federal Court of Australia has held that an accurate ingredient list will not correct a false and misleading impression created by front-of-pack representations. [7]

Conclusion

In Australia, ice cream is defined in the FSC with specific composition requirements, it must be made with milk and contain a certain content of milk fats to be called ‘ice cream’. Subject to meeting minimum milk fat requirements of 100g/kg, additional vegetable fats can be used in ice cream.
In Australia, chocolate is defined in the FSC with specific composition requirements, there is a maximum amount of non-dairy or non-cocoa fats and a minimum amount of cocoa solids it must contain. Chocolate is not required to contain dairy fats therefore, non-dairy fats can be used instead of dairy fats in chocolate. The restriction to this is, if the fats used are not from cocoa or from dairy, they must not exceed 50 g/kg.
In Australia, caramel is not defined in the FSC. There are no FSC requirements on the type of fats that may be used. However, any representations that a product is only made with dairy fats must be accurate to avoid contravening the Australian Consumer Law.