| Section 3 |
Restrictions on sale etc. of food containing food additive |
| (1) |
Subject to this section, a person shall not import, manufacture for sale or sell any article of food that contains a food additive. |
| (2) |
Any relevant food may contain the permitted food additive specified in relation to its scheduled food category but in a proportion that does not exceed the maximum permitted level. |
| (2A) |
A permitted food additive specified in column 2 of Schedule 1B is permitted to be added to food in accordance with the GMP principles. (L.N. 130 of 2024)
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| (2B) |
Subsection (2A) does not apply to any relevant food of a scheduled food category that is also specified in Schedule 1C. (L.N. 130 of 2024)
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| (3) |
Subject to subsection (4), any relevant food or any food intended for use in the preparation of a relevant food may –
- on importation on a sale that is not a retail sale; or
- on consignment or delivery pursuant to a sale that is not a retail sale,
contain, in any proportion, a permitted preservative that is specified for the scheduled food category of the relevant food.
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| (4) |
Subsection (3) –
- applies only if the seller has given to the importer on or before importation or to the buyer on or before sale a document, in the form specified in Schedule 2, that accurately states the description and the maximum quantity of the preservatives present in the food; and
- does not apply to pre-packed food, or fruit or fruit pulp that contains sulphur dioxide and is intended for manufacturing purposes.
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| (5) |
Where 2 or more permitted food additives are specified in relation to a scheduled food category, any relevant food of that food category may contain an admixture of those food additives –
- if each such food additive does not exceed the maximum permitted level; or
- if a note referred to in column 4 of Schedule 1 opposite to that scheduled food category specifies a different condition, that condition is complied with instead of paragraph (a).
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| (6) |
Any food may contain, in a proportion that does not exceed 5 parts per million, formaldehyde derived from –
- any wet strength wrapping containing any resin based on formaldehyde; or
- any plastic food container or utensil manufactured from any resin of which formaldehyde is a condensing component.
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| (7) |
The skin, but not the flesh, of a banana may contain nystatin. |
| (8) |
Any canned food (including canned food that is compounded food) may contain nisin but, if the canned food is relevant food of a scheduled food category for which a maximum permitted level is specified in column 3 of Schedule 1 in relation to nisin, only in a proportion not exceeding the maximum permitted level. (L.N. 130 of 2024)
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| (8A) |
Any food may contain nisin if nisin is introduced, in the preparation of that food, by the use of canned food that contains nisin as permitted by subsection (8). (L.N. 130 of 2024) |
| (9) |
Any compounded food may contain any permitted food additive introduced in the preparation of that food by the use of any relevant food (other than fruit or fruit pulp intended for manufacturing purposes or any unfermented grape juice product intended for sacramental use), if— (L.N. 130 of 2024)
- for a permitted food additive specified in Schedule 1 for the scheduled food category of the relevant food used in the compounded food—the proportion of the permitted food additive present in the compounded food does not exceed, in relation to the quantity of the relevant food used, the maximum permitted level; or (L.N. 130 of 2024)
- for a permitted food additive specified in Schedule 1B—
- the permitted food additive is used in accordance with the GMP principles; and
- the relevant food used in the compounded food is not of a scheduled food category that is also specified in Schedule 1C. (L.N. 130 of 2024)
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| (10) |
Subsection (1) does not apply to an article of food containing any food additive that is naturally present in that food. |