NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

A lot of a food must not have an unacceptable level of microorganisms as determined in accordance with Standard 1.6.1.

Note For the meaning of lot, see section 1.1.2—2.

1.1.1—12 Applicable standards for importation of food

(1) The provisions of this Code relating to labelling are applicable to food that is imported with the labelling with which it is intended to be sold.

(2) The provisions of this Code relating to packaging are applicable to food that is imported in the packaging in which it is intended to be sold.

(3) The provisions of this Code, other than those relating to packaging and labelling, are applicable to food that is imported.

Note This provision is relevant to the Imported Food Control Act 1992 (Cth), and the provisions of the Food Act 2014 (NZ) that relate to importation of food.

1.1.1—13 Food sold with a specified name or representation

(1) This section applies where a provision of this Code that provides that a food that is sold as a named food, whether or not the name is in quotation marks, must satisfy certain requirements (usually that the food being sold must satisfy the definition of the food in this Code).

Example The provisions in Chapter 2 headed ‘Requirement for food sold as ...’, e.g.

2.1.1—3 Requirement for food sold as bread.

A food that is sold as bread must be bread.

In this example bread is the food and is not in quotation marks.

(2) If the provision specifies the name of the food in quotation marks, any requirement that must be satisfied applies only if that name is used in connection with the sale.

Note 1 The foods to which a requirement that must be satisfied applies only if the name of the food is used include: butter, chocolate, cider, cocoa, coffee, cream, decaffeinated coffee, decaffeinated instant coffee, decaffeinated instant tea, decaffeinated soluble tea, gelatine, ice cream, imitation vinegar, instant tea, iodised reduced sodium salt mixture, iodised salt, margarine, mead, milk, peanut butter, perry, processed cheese, salt, skim milk, soluble coffee, soluble tea, table margarine, tea, vinegar, white sugar, wholegrain, wholemeal and yoghurt. These are foods that are identified in quotation marks in provisions to which subsection (1) applies.

Example A cocoa-based confectionery that is not sold as a chocolate confectionery or a water-based beverage that contains fruit but is not sold as fruit juice, need not satisfy a requirement about chocolate or fruit juice.

(3) If the provision specifies the name of the food without quotation marks, any requirement that must be satisfied applies to any sale in which a purchaser is likely to assume that the food being sold was the food.

Note A requirement that must be satisfied applies to any sale in which a purchaser is likely to assume that the food being sold is, for example: ale, beer, brandy, bread, cheese, condensed skim milk, condensed whole milk, dried skim milk, dried whole milk, edible oil spread, electrolyte drink, electrolyte drink mix, evaporated skim milk, evaporated whole milk, fermented milk, fruit drink, fruit juice, fruit wine, fruit wine product, jam, lager, liqueur, meat pie, pilsener, porter, sausage, spirit, stout, table edible oil spread, vegetable juice, vegetable wine, vegetable wine product, wine and wine product. These are foods that are not identified in quotation marks in provisions to which subsection (1) applies. Use of the name could be an element of a representation about the identity of the food.

Example Bread sold as sourdough; a cheese or processed cheese sold as cheddar or processed cheddar; or a sausage sold as bratwurst. Jam may be sold as conserve.

Example 2 Steak pie or lamb pie must contain no less than 250g/kg of meat flesh.

(4) If a food name is used in connection with the sale of a food (for example in the labelling), the sale is taken to be a sale of the food as the named food unless the context makes it clear that this is not the intention.

Examples

Section 2.7.2—3, relating to beer, does not prevent the use of ‘ginger beer’ in relation to the soft drink. Such a product is not beer for the purposes of the Code.

Section 2.1.1—3, relating to ‘bread’, does not prevent the use of ‘shortbread’ or ‘crispbread’ in relation to those foods, or ‘unleavened bread’ to describe the food made without the yeast that would be required for it to be sold as ‘bread’. Those products are not bread for the purposes of the Code.

The context within which foods such as soy milk or soy ice cream are sold is indicated by use of the name soy; indicating that the product is not a dairy product to which a dairy standard applies.

1.1.1—14 Other requirements relating to food