The Department of Agriculture, Fisheries and Forestry (DAFF) has released Imported Food Notice 16-23, “Notification of changes to the regulation of sports supplements.” It is directed to the attention of importers and their customs brokers of regulatory changes for sports supplements that are in the form of tablets, capsules or pills.
The new rules take effect from 30 November 2023.
Products for the improvement or maintenance of physical or mental performance in sport, exercise or recreational activity, and that are supplied in the dosage form of a tablet, capsule or pill, other than products that only contain glucose, will now be required to be registered as therapeutic goods (medicine).
From 30 November 2023, sports supplements in the form of a tablet, capsule or pill, that are referred for inspection under the Imported Food Inspection Scheme – and are assessed as being within scope of the new requirements – will be referred to the Therapeutic Goods Administration (TGA).
Sports supplements that meet the requirements of the Food Standard Code and are presented in a typical food form will not be affected by the changed requirements. This includes food products such as protein powders, nutrition bars and energy drinks.
The TGA has developed guidance material for importers, suppliers, distributors and retailers, which is available from the TGA website, including a fact sheet on sports supplements in PDF format.
Therapeutic use includes (but is not limited to) the following functions;
- gaining muscle
- increasing mental focus
- increasing metabolism
- increasing stamina
- modifying hormone levels
- increasing testosterone levels
- reducing oestrogen levels
- injury repair
- losing weight or fat
- preparing for workout, or
- recovering from workout.
Manufacturers / importers can make a commercial decision to withdraw their sports supplements from the market, or have the product reformulated to be considered as food, rather than be regulated as therapeutic goods.
See our previous related article: Managing Contaminated Imports.
For correct information about all your imports, including biosecurity checks and quarantine treatments, contact us here at Colless Young. As licensed Customs Brokers and International Freight Forwarders, we handle your cargo economically and professionally. Based in Brisbane, Colless Young provides a complete range of logistics services, including exports, both by sea and airfreight, at all major Australian ports and airports.
