Fortification of foods (Australia)

Where there is express permission in the Australia New Zealand Food Standards Code, a food is permitted to be fortified with a range of nutritive substances, including vitamins, minerals, and amino acids. A “nutritive substance” is defined as a substance which is refined, concentrated or synthesised for a nutritional purpose. The addition of traditional food ingredients however is not “fortification”. For example, a food may contain orange juice which would contribute to the vitamin C content, but it is fortified if isolated vitamin c has been added in the recipe. In most cases, there will be a prescribed maximum limit on the amount of an isolated nutritive substance that can be added to food, as well as a maximum limit on the amount that can be declared on the product label and on off-label advertising. In some cases, the minimum compositional requirements for that food will expressly include mandatory fortification (e.g. infant formula) but in other cases, fortification is optional (e.g. energy drinks, pasta, sports foods).

This is general information rather than legal advice and is current as of 30 May 2024. We recommend you contact a specialised food lawyer for legal advice for your particular circumstances to support commercial decisions which could impact your product or business.

Joe Lederman