✨ Food Standards Amendment




1996 NEW ZEALAND GAZETTE, No. 71 27 JUNE 2012

3 Application of other Standards

(1) The following do not apply to a food for special medical purposes -

(a) clause 9 of Standard 1.1.1;
(b) Standards 1.1A.2, 1.3.2 and 1.5.1;
(c) Standards 2.9.2, 2.9.3 and 2.9.4;
(d) Part 1.2 of this Code, subject to subparagraph 9(e) (iv), paragraph 12(a), clauses 13 and 16, and sub clauses 17(3), (4) and (5).

(2) Subclauses 6(3) and (4) of Standard 1.5.3 apply to a food for special medical purposes as if such food were subject to Standard 1.2.1.

4 Claims must not be therapeutic in nature

A claim in relation to a food for special medical purposes must not -

(a) refer to the prevention, diagnosis, cure or alleviation of a disease, disorder or condition; or
(b) compare the food with a good that is -

    (i) represented in any way to be for therapeutic use; or
    (ii)    likely to be taken to be for therapeutic use, whether because of the way in which the good is presented or for any other reason.

Division 2 – Sale of food for special medical purposes

5 Restriction on the persons by whom, and the premises at which, food for special medical purposes may be sold

(1) A food for special medical purposes must not be sold to a consumer, other than from or by -

(a) a medical practitioner or dietitian; or
(b) a medical practice, pharmacy or responsible institution; or
(c) a majority seller of that food for special medical purposes.

(2) In this clause, medical practitioner means a person registered or licensed as a medical practitioner under legislation in Australia or New Zealand, as the case requires, for the registration or licensing of medical practitioners.

(3) In this clause, a person is a majority seller of a food for special medical purposes during any [24] month period if -

(a) during the period, the person sold that food for special medical purposes to medical practitioners, dietitians, medical practices, pharmacies or responsible institutions; and
(b) the sales mentioned in paragraph (a) represent more than one half of the total quantity of that food for special medical purposes sold by the person during the period.

Division 3 – Composition

6 Permitted forms of particular substances

(1) All or any of the following substances may be added to a food for special medical purposes -

(a) a substance that is listed in Column 1 of Schedule 1 of this Standard if the substance is in one or more of the corresponding forms listed in Column 2 of that Schedule;
(b) a substance that is listed in Column 1 of Schedule 1 of Standard 2.9.1 if the substance is in one or more of the corresponding forms listed in Column 2 of that Schedule;
(c) any other substance regardless of its form, subject to the requirements of any Standard that applies to the substance or the food for special medical purposes.


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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2012, No 71





✨ LLM interpretation of page content

πŸ₯ Amendment No. 132 to the Food Standards Code (continued from previous page)

πŸ₯ Health & Social Welfare
22 June 2012
Food Standards Code, Amendment, Special Medical Purposes, Raw Milk Products