NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

(1)
(i) by way of exclusive or partial feeding, who have special medically determined nutrient requirements or whose capacity is limited or impaired to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients in ordinary food; and

(ii) whose dietary management cannot be completely achieved without the use of the food; and

(b) intended to be used under medical supervision; and

(c) represented as being:

(i) a food for special medical purposes; or

(ii) for the dietary management of a disease, disorder or medical condition.

(2) Despite subsection (1), a food is not food for special medical purposes if it is:

(a) formulated and represented as being for the dietary management of obesity or overweight; or

(b) an infant formula product.

Note 2 in this Code (see section 1.1.2—2):

inner package, in relation to a food for special medical purposes, means an individual package of the food that:

(a) is contained and sold within another package that is labelled in accordance with section 2.9.5—9; and

(b) is not designed for individual sale, other than a sale by a responsible institution to a patient or resident of the responsible institution.

Example An example of an inner package is an individual sachet (or sachets) of a powdered food contained within a box that is fully labelled, being a box available for retail sale.

responsible institution means a hospital, hospice, aged care facility, disability facility, prison, boarding school or similar institution that is responsible for the welfare of its patients or residents and provides food to them.

Note 3 In this Standard (see section 1.1.2—2), a reference to a package does not include a reference to a plate, cup, tray or other food container in which food for special medical purposes is served by a responsible institution to a patient or resident of the responsible institution.

2.9.5—3 Application of other standards

The following provisions do not apply to food for special medical purposes:

(a) Standard 1.2.7 (nutrition, health and related claims) or Standard 1.1A.2 (transitional standard for health claims);

(b) unless the contrary intention appears, Part 2 of Chapter 1 (labelling and other information requirements);

(c) Standard 1.3.2 or Standard 1.5.1 (vitamins and minerals, novel foods);

(d) Standard 2.9.2, Standard 2.9.3 or Standard 2.9.4 (food for infants, formulated meal replacements and formulated supplementary foods, formulated supplementary sports foods).

2.9.5—4 Claims must not be therapeutic in nature

A claim in relation to 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

2.9.5—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 section:

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.