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Selling soft drinks, waters, juices and energy drinks in Australia

In Australia, non-alcoholic drinks follow the general labelling rules of the Food Standards Code plus product standards: 2.6.1 for juice, 2.6.2 for packaged water, soft drinks and electrolyte drinks, and 2.6.4 for energy drinks, which caps caffeine at 320 mg/L and requires advisory statements. Soft drinks, bottled water and sports drinks are non-priority foods for country of origin labelling.

Updated · Each section links to the official source it comes from

Juice
Standard 2.6.1
Water, soft drinks and electrolyte drinks
Standard 2.6.2
Energy drinks
Standard 2.6.4: 145 to 320 mg/L caffeine
Cola-type drinks
Caffeine no more than 145 mg/kg as consumed
Label language
English, under section 1.2.1—24
Country of origin
Non-priority food: standard marks and box optional

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Which standard does the drink fall under: juice, water, soft drink, electrolyte drink or energy drink? Read more
  2. 2Does the caffeine content sit within the limits, and does the label carry the caffeine statements? Read more
  3. 3Does the label carry the general particulars, in English? Read more
  4. 4Does the drink look like an alcoholic beverage when it is not one? Read more
  5. 5Which country of origin statement applies? Read more
  6. 6Is it imported, and does it carry an English trade description? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Product standards for drinks

What a drink sold under a given name has to be.

  • A food sold as fruit juice must be fruit juice or a blend of fruit juices, and may contain no more than 40 g/kg of added sugars, salt, and herbs and spices (section 2.6.1—3).
  • A juice blend states the name and percentage by volume of each juice, with a narrow exception for orange juice containing up to 10% mandarin or tangelo juice.
  • Packaged water must not contain chemicals above the World Health Organization drinking-water guideline values listed in the Standard, and naturally occurring fluoride above 1.0 mg/L (section 2.6.2—3).
  • Fluoride may be added to plain, still packaged water at 0.6 to 1.0 mg/L in total, and the label then says the water contains added fluoride.
  • A food sold as fruit drink contains at least 50 mL/L of fruit, or 35 mL/L of passionfruit for passionfruit juice drink.
  • A non-alcoholic beverage or brewed soft drink must not be labelled or presented in a way that suggests it is an alcoholic beverage (section 2.6.2—8).

How we help: Compliant Always reads your recipe and specification against the standard for the drink you sell, and keeps the supporting analysis with each lot. Ask about this

Caffeine and energy drinks

Limits on added caffeine and the statements that go with it.

  • A formulated caffeinated beverage contains no less than 145 mg/L and no more than 320 mg/L of caffeine in total, from any source (section 2.6.4—3).
  • Its label declares the average quantity of caffeine, and of any listed substance, per serving and per 100 mL, outside the nutrition information panel.
  • Advisory statements say the drink contains caffeine and is not recommended for children, pregnant or lactating women, or individuals sensitive to caffeine; where it contains a listed substance, no more than a one-day quantity should be consumed per day.
  • A non-alcoholic beverage must not be mixed with a formulated caffeinated beverage for sale.
  • In cola-type drinks, total caffeine must not exceed 145 mg/kg as consumed, and kola beverages with added caffeine say that they contain caffeine. Food with guarana is also labelled as containing caffeine.

How we help: Compliant Always checks the caffeine figure on your specification against the limits and reads your label for each required statement, with the section beside it. Ask about this

Labelling and country of origin

The general label particulars, and origin labelling for drinks.

  • Packaged drinks for retail sale carry the general particulars of section 1.2.1—8, including the name, lot identification, supplier name and Australian or New Zealand address, ingredients, date marking and nutrition information.
  • Required words are in English, legible and prominent, and any other language must not contradict the English.
  • Packaged water is among the foods that do not need a nutrition information panel unless a claim requiring one is made.
  • Soft drinks and sports drinks, bottled water, and tea and coffee are non-priority foods: the country of origin standard marks and box are voluntary for them.

How we help: Compliant Always reads your label against the particulars that apply to the drink, and keeps the origin records behind the statement you print. Ask about this

Imported drinks

Border checks and trade descriptions for drinks made overseas.

  • Food imported for sale, drinks included, must comply with the Food Standards Code and with biosecurity requirements, and importers are responsible for that.
  • Importing food that does not meet applicable standards is an offence under the Imported Food Control Act 1992; labelling faults may be corrected in Australia by relabelling.
  • Food is among the goods that cannot be imported without an English trade description that states its country of origin.

How we help: Compliant Always keeps your overseas supplier's specifications and analyses with each consignment, and shows what is missing before it ships. Ask about this

Who answers for what

WhoWhat they answer forHow we help
BrandWhat the label says, the drink's name, and the caffeine and advisory statements.The label read against the standard for the drink, with each gap shown.
Manufacturer or bottlerComposition within the limits, lot identification and a written recall plan.Specifications and analyses kept with each lot.
ImporterDrinks that meet the Code, an English trade description and import records.Supplier documents read and dated before the goods arrive.

States and territories

Food standards are developed by FSANZ and adopted without variation by the states and territories, whose agencies and local councils enforce the Food Standards Code. The Department of Agriculture, Fisheries and Forestry enforces it at the border.

The Australian Consumer Law is enforced by the ACCC for widespread issues and by state and territory consumer protection agencies, which handle individual complaints.

Questions businesses ask

How much caffeine can an energy drink contain in Australia?
A formulated caffeinated beverage contains between 145 mg/L and 320 mg/L of caffeine in total, from any source, under section 2.6.4—3 of the Food Standards Code.
What warnings go on an energy drink label in Australia?
Statements that the drink contains caffeine and is not recommended for children, pregnant or lactating women, or individuals sensitive to caffeine, plus a one-day quantity where it contains a listed substance. Caffeine and listed substances are declared per serving and per 100 mL.
How much caffeine can a cola drink contain?
Total caffeine in cola-type drinks must not exceed 145 mg/kg in the drink as consumed, and kola beverages with added caffeine are labelled as containing caffeine.
Can fruit juice contain added sugar in Australia?
A food sold as fruit juice may contain no more than 40 g/kg of sugars as an additional ingredient, along with salt and herbs and spices (section 2.6.1—3).
How much fruit must a fruit drink contain?
At least 50 mL/L of fruit, or 35 mL/L of passionfruit for passionfruit juice drink (section 2.6.2—7).
Can bottled water contain added fluoride?
Yes, if the water is still and has no sugars, sweeteners, flavourings or other food, total fluoride is 0.6 to 1.0 mg/L, and the label says it contains added fluoride (sections 2.6.2—4 and 2.6.2—5).
Does bottled water need a nutrition information panel?
No, unless a claim requiring nutrition information is made. FSANZ lists packaged water among foods with no significant nutritional value that do not need one.
Do soft drinks need a country of origin label in Australia?
Soft drinks, sports drinks and bottled water are non-priority foods under the Country of Origin Food Labelling Information Standard 2016, so the standard marks and the box are voluntary for them.
Can a non-alcoholic drink look like beer or wine?
No. A non-alcoholic beverage or brewed soft drink must not be labelled or presented in a way that suggests, expressly or by implication, that it is an alcoholic beverage (section 2.6.2—8).
How does Compliant Always help with selling in Australia?
Our team reads the rules for the markets you sell in, including the Commonwealth, state and territory layers in Australia. Compliant Always shows which apply to your product and keeps the documents behind each one ready. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Australia and what your paperwork needs to show.

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