NEW ZEALAND GAZETTE

No. 112

General

Australia New Zealand Food Authority

Australia New Zealand Food Authority Act 1991

Australia New Zealand Food Authority—Variations to the Food Standards Code (Amendment No. 40)

1. Preamble

The variations set forth in the Schedule below are variations to the Food Standards Code (hereinafter called "the code") which was published by the National Health and Medical Research Council in the Commonwealth of Australia Gazette, No. P 27, on 27 August 1987, and which has been varied from time to time.

The Schedule contains variations adopted by the Australia New Zealand Food Standards Council in July 1998.

These variations are published pursuant to section 32 of the Australia New Zealand Food Authority Act 1991.

2. Citation

These variations may be collectively known as Amendment No. 40 to the code.

3. Commencement

These variations commence on the date of publication of this New Zealand Gazette with the exception of Item [4] which will commence 9 months after the date of publication of this New Zealand Gazette. Item [1.1] will commence on the date of publication of this New Zealand Gazette and cease to have effect 18 months from that date.

4. Explanatory Note

In relation to Item [1.1], the implementation of the folate/neural tube defect health claims pilot is contingent on a further recommendation to the Australia New Zealand Food Standards Council containing details of those foods and food products approved for participation in the pilot and listing in the Register. The proposed implementation date for the approved Register listings is 18 November 1998.

Schedule

[1] Standard A1 is varied by—

[1.1] inserting after subclause (19)(d)—

"(e) (i) The table to this subclause sets out permitted health claims that may be made in respect of food listed in the table which meets the qualifying and disqualifying criteria specified; and which also meets the eligibility criteria set out subclause (ii).

(ii) A food meets the eligibility criteria of this subclause if it is a primary food as defined in Standard A9, or else if it contains, in each serving as specified in the nutrition information panel, not more than—

(A) 14 g fat;

(B) 5 g saturated fat;

(C) 500 mg sodium;

(D) 10 g in total of added sugars and honey.

(iii) The label on or attached to a package of food in respect of which a health claim set out in the table has been made must include a nutrition information panel in accordance with clause (13), provided that in relation to the claim for ‘Folate and Neural Tube Defects’ the entry in the nutrition information panel should be based on a recommended dietary intake (RDI) of 400 µg folate rather than the 200 µg specified in Standard A9.

(iv) Where the health claim appears on the label on or attached to a package of food it must be accompanied by a statement that it is important to maintain a varied diet.

(v) Where the ability of a food to meet the qualifying criteria set out in the table depends on particular storage, handling or cooking requirements, the label on or attached to a package containing the food for which a health claim is made must include a statement of those requirements.

Table to Subclause (19)(e)—Permitted Health Claims

Editorial Note: Subclause (e) implements a pilot trial of a management system for health claims. The outcomes of the pilot will be used to assist in the evaluation of a proposal to allow wider use of health claims in food labels and advertisements. The subclause ceases to have effect 18 months from the date on which commencement of the pilot is gazetted. The register referred to in the table to subclause (19)(e) is held at and by the Australia New Zealand Food Authority.

[1.2] inserting in columns 1 and 2 respectively of Part 1 of the Schedule in the appropriate alphabetical position—

"Oxidised polyethylene 914"; and

[1.3] inserting in columns 1 and 2 respectively of Part 2 of the Schedule in the appropriate numerical position—

"Oxidised polyethylene 914".

[2] Standard A11 is varied by—

[2.1] inserting in columns 1 and 2 respectively of the Schedule in the appropriate numerical position—

"Oxidised polyethylene Addendum 6"; and

[2.2] omitting "NHMRC (88)" from column 2 of the Schedule, in relation to the entry in column 1 for "Sodium polyacrylate", and substituting "NHMRC (105)"; and

[2.3] inserting after Addendum 5—

Addendum 6.