NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

majority seller: 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 amount of that food for special medical purposes sold by the person during the period.

Division 3 Composition

2.9.5—6 Permitted forms of particular substances

(1) The following substances may be added to food for special medical purposes:

(a) a substance that is listed in Column 1 of the table to section S29—20 and that is in a corresponding form listed in Column 2 of that table;

(b) a substance that is listed in Column 1 of the table to section S29—7 and that is in a corresponding form listed in Column 2 of that table;

(c) any other substance, regardless of its form, that is permitted under this Code to be added to a food, if that substance is added in accordance with any applicable requirement of this Code.

(2) If a provision of this Code limits the amount of a substance referred to in paragraph (1)(a) or (b) that may be added to a food, that limit does not apply in relation to food for special medical purposes.

2.9.5—7 Compositional requirements for food represented as being suitable for use as sole source of nutrition

(1) If food for special medical purposes is represented as being suitable for use as a sole source of nutrition, the food must contain:

(a) not less than the minimum amount, as specified in column 2 of the table to section S29—21, of each vitamin, mineral and electrolyte listed in Column 1 of that table; and

(b) if applicable, not more than the maximum amount, as specified in Column 3 of that table, of each vitamin and mineral listed in Column 1.

(2) However, the food is not required to comply with subsection (1) to the extent that:

(a) a variation from a maximum or minimum amount is required for a particular medical purpose; and

(b) the labelling complies with subparagraph 2.9.5—10(1)(g)(ii).

Division 4 Labelling

2.9.5—8 Labelling and related requirements

(1) If a food for sale consisting of food for special medical purposes is not in a package:

(a) the food for sale must either *bear a label, or have labelling that is displayed in connection with its sale, with the information relating to irradiated foods (see section 1.5.3—9); and

(b) there is no other labelling requirement under this Code.

(2) If the food for sale is in a package, it is required to *bear a label that complies with section 2.9.5—9.

(3) If the food for sale is in an *inner package:

(a) the inner package is required to *bear a label that complies with section 2.9.5—16; and

(b) there is no labelling requirement under this Code for any other packaging associated with the food for sale.

(4) If the food for sale is in a *transportation outer:

(a) the transportation outer or package containing the food for sale is required to *bear a label that complies with section 2.9.5—17; and

(b) there is no labelling requirement under this Code for any other packaging associated with the food for sale.

2.9.5—9 Mandatory labelling information

(1) Subject to this section, the label that is required for food for special medical purposes must state the following information in accordance with the provision indicated:

(a) a name or description sufficient to indicate the true nature of the food (see section 1.2.2—2);

(b) lot identification (see section 1.2.2—3);

(c) if the sale of the food for sale is one to which Division 2 or Division 3 of Standard 1.2.1 applies—information relating to irradiated food (see section 1.5.3—9);