10 JULY 2008 NEW ZEALAND GAZETTE, No. 112

2943

Clauses

1 Interpretation

In this Part -

assisted service display cabinet means an enclosed or semi-enclosed display cabinet which requires a person to serve the food as requested by the purchaser.

food for catering purposes includes food supplied to catering establishments, restaurants, canteens, schools, hospitals, and institutions where food is prepared or offered for immediate consumption.

food for retail sale means food for sale to the public and includes food prior to retail sale which is -

(a) manufactured or otherwise prepared, or distributed, transported or stored; and

(b) not intended for further processing, packaging or labelling.

intra company transfer means a transfer of food between elements of a single company, between subsidiaries of a parent company or between subsidiaries of a parent company and the parent company.

small package means a package with a surface area of less than 100 cm².

transportation outer means a container or wrapper which encases packaged or unpackaged foods for the purpose of transportation and distribution and which is removed before the food is used or offered for retail sale or which is not taken away by the purchaser of the food.

1A Application

Despite subclause 1(2) of Standard 1.1.1, the definition of ‘food for retail sale’ commences and applies exclusively from the date of gazettal.

2 Labelling of food for retail sale

(1) Subject to subclauses (2) and (4), food for retail sale must bear a label setting out all the information prescribed in this Code, except where -

(a) the food is other than in a package; or

(b) the food is in an inner package not designed for individual sale. Despite this, individual portion packs in a container or wrapper with a surface area of 30 cm² or greater must bear a label containing information in accordance with clauses 3 and 4 of Standard 1.2.3; or

(c) the food is made and packaged on the premises from which it is sold; or

(d) the food is packaged in the presence of the purchaser; or

(e) the food is whole or cut fresh fruit and vegetables, except sprouting seeds or similar products, in packages that do not obscure the nature or quality of the fruit or vegetables; or

(f) the food is delivered packaged, and ready for consumption, at the express order of the purchaser; or

(g) the food is sold at a fund raising event; or

(h) the food is packaged and displayed in an assisted service display cabinet.

(2) Despite subclause (1), food for retail sale must comply with any requirements specified in -

(a) subclauses 1(1) or (2) of Standard 1.2.2 – Food Identification Requirements; and

(b) subclauses 2(2), 3(2), 4(2) and 5(2) of Standard 1.2.3 – Mandatory Warning and Advisory Statements and Declarations; and

(c) Reserved; and

(d) Standard 1.2.6 – Directions for Use and Storage; and

(e) subclauses 4(2) and 4(3) of Standard 1.2.8 – Nutrition Information Requirements; and

(f) subclause 2(3) of Standard 1.2.10 – Characterising Ingredients and Components of Food; and

(g) subclauses 2(2) and 2(3) of Standard 1.2.11 – Country of Origin Requirements (Australia only); and

(h) subclause 4(3) of Standard 1.5.2 – Food Produced Using Gene Technology; and

(i) clause 6 of Standard 1.5.3 – Irradiation of Food; and

(j) subclause 4(3) and clauses 5, 6, and 10 of Standard 2.2.1 – Meat and Meat Products; and

(k) clause 3 of Standard 2.2.3 – Fish and Fish Products; and

(l) subclause 3(2) of Standard 2.6.3 – Kava; and

(m) subclause 3(5) of Standard 2.6.4 – Formulated Caffeinated Beverages; and

(n) subclauses 3(1), 3(2), 3(3) and 3(4) of Standard 2.9.4 – Formulated Supplementary Sports Foods.

(3) Paragraph 2(1)(f) of this Standard does not apply to food sold from a vending machine.

(4) Where food is sold in a hamper -

(a) subclause 2(1) does not apply; and

(b) a package of food must bear a label setting out all of the information prescribed in this Code; and

(c) unpackaged food must be accompanied with documentation setting out the information prescribed in this Code.

Editorial note:
For the purposes of paragraph 2(4)(c) the information may be within, or attached to the outer of the hamper.

3 Labelling of food not for retail sale etc.

(1) Subject to subclause (2), food other than food for -

(a) retail sale; or

(b) catering purposes; or

(c) supplied as an intra company transfer;