✨ Food Standards Amendment
18 JANUARY 2013 NEW ZEALAND GAZETTE, No. 3 101
Division 2 – Health claims
16 Application or proposal to vary Schedule 3 taken to be a high level health claims variation
An application or a proposal to add a general level health claim to Schedule 3 is taken to be an application or proposal for a high level health claims variation.
Editorial Note:
High level health claims variation is defined in section 4 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act).
The effect of this provision is that an application or a proposal to add a general level health claim to Schedule 3 will be assessed under the provisions in Subdivision G of each of Divisions 1 and 2 of Part 3 of the FSANZ Act, as appropriate.
17 Conditions for making health claims
(1) A health claim must not be made unless it complies with subclause (2) and either subclause (3) or (4), whichever applies.
(2) The food to which the health claim relates meets the NPSC.
(3) If the health claim is a high level health claim —
(a) the food or the property of food is mentioned in Column 1 of Schedule 2; and
(b) the health effect claimed for that food or property of food is mentioned in the corresponding row in Column 2 of Schedule 2; and
(c) the food complies with the relevant conditions in Column 5 of Schedule 2.
(4) If the health claim is a general level health claim, either —
(a) each of the following —
(i) the food or the property of food is mentioned in Column 1 of Schedule 3;
(ii) the health effect claimed for that food or property of food is mentioned in the corresponding row in Column 2 of Schedule 3; and
(iii) the food complies with the relevant conditions in Column 5 of Schedule 3;
or
(b) the person who is responsible for making the health claim has notified the Chief Executive Officer of the Authority of the details of a relationship between a food or property of food and a health effect that has been established by a process of systematic review that is described in Schedule 6.
(5) Despite subclause (2) a food that is standardised in Part 2.9 of this Code does not need to meet the NPSC.
18 Requirement when making a general level health claim under paragraph 17(4)(b)
A person who gives the notice mentioned in paragraph 17(4)(b) is required to —
(a) provide the name of the person that is giving the notice and the address in Australia or New Zealand of that person; and
(b) consent to the publication by the Authority of the information given for the purposes of paragraph 17(4)(b) and subparagraph 18(1)(a); and
(c) certify that the notified relationship between a food or property of food and a health effect has been established by a process of systematic review that is described in Schedule 6; and
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NZ Gazette 2013, No 3
✨ LLM interpretation of page content
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Amendment to the Food Standards Code
(continued from previous page)
🏥 Health & Social Welfare7 January 2013
Food Standards, Amendment, Health Claims, Nutrition, Definitions, Claims Framework