NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

wine product means a food containing no less than 700 mL/L of wine, which has been formulated, processed, modified or mixed with other foods such that it is not wine.

white sugar means purified crystallised sucrose.

yoghurt means a fermented milk where the fermentation has been carried out with lactic acid producing microorganisms.

1.1.2—4 Definition of characterising component and characterising ingredient

(1) In this Code, in relation to a food for sale:

characterising component means a *component of the food that:

(a) is mentioned in the name of the food; or

(b) is usually associated with the name of the food by a consumer; or

(c) is emphasised on the label of the food in words, pictures or graphics.

characterising ingredient means an ingredient or a category of ingredients of the food that:

(a) is mentioned in the name of the food; or

(b) is usually associated with the name of the food by a consumer; or

(c) is emphasised on the label of the food in words, pictures or graphics.

(2) Despite subsection (1), any of the following is not a characterising ingredient:

(a) an ingredient or category of ingredients that is used in small amounts to flavour the food;

(b) an ingredient or category of ingredients that comprises the whole of the food;

(c) an ingredient or category of ingredients that is mentioned in the name of the food but which is not such as to govern the choice of the consumer, because the variation in the amount is not essential to characterise the food, or does not distinguish the food from similar foods.

(3) Compliance with labelling requirements elsewhere in this Code does not of itself constitute emphasis for the purposes of this section.

1.1.2—5 Definition of food for special medical purposes

(1) In this Code:

food for special medical purposes means a food that is:

(a) specially formulated for the dietary management of individuals:

(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.

1.1.2—6 Definition of formulated caffeinated beverage

(1) In this Code:

formulated caffeinated beverage means a flavoured, non-alcoholic beverage, or a flavoured, non-alcoholic beverage to which other substances (for example, carbohydrates, amino acids, vitamins) have been added, that:

(a) contains caffeine; and

(b) has the purpose of enhancing mental performance.

(2) To avoid doubt, a formulated caffeinated beverage is a water based flavoured drink for the purposes of item 14.1.3 of section S15—5 and of section S18—10.

1.1.2—7 Definition of medical institution

(1) In this Code:

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