NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

Standards Management Officer, Delegate of the Board of Food Standards Australia New Zealand.

Note:
This Standard will be published in the Commonwealth of Australia Gazette No. FSC 96 on 10 April 2015.

Note 1 This instrument is a standard under the Food Standards Australia New Zealand Act 1991 (Cth). The standards together make up the Australia New Zealand Food Standards Code. See also section 1.1.1—3.

Note 2 The provisions of the Code that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ). See also section 1.1.1—3.

Division 1 Preliminary

1.2.1—1 Name

This Standard is Australia New Zealand Food Standards Code – Standard 1.2.1 - Requirements to have labels or otherwise provide information.

Note Commencement: This Standard commences on 1 March 2016, being the date specified as the commencement date in notices in the Gazette and the New Zealand Gazette under section 92 of the Food Standards Australia New Zealand Act 1991 (Cth). See also section 93 of that Act.

1.2.1—2 Outline of Standard

(1) This Standard sets out when a food for sale is required to bear a label or have other information provided with it, and sets out the information that is to be provided.

(2) Division 2 sets out the labelling and information requirements for a food that is for retail sale.

(3) Division 3 sets out the labelling and information requirements for food that is sold to caterers.

(4) Division 4 sets out the labelling and information requirements for all other sales of food.

(5) Division 5 sets out general prohibitions relating to labels.

(6) Division 6 sets out legibility requirements.

1.2.1—3 Definitions

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

bear a label: a food for sale is taken to bear a label of a specified kind or with specified content if either of the following are part of or attached to the packaging of the food:

(a) a label of that kind or with that content; or

(b) labels that together are of that kind or have that content.

caterer means a person, establishment or institution (for example, a catering establishment, a restaurant, a canteen, a school, or a hospital) which handles or offers food for immediate consumption.

label, in relation to a food being sold, means any tag, brand, mark or statement in writing or any representation or design or descriptive matter that:

(a) is attached to the food or is a part of or attached to its packaging; or

(b) accompanies and is provided to the purchaser with the food; or

(c) is displayed in connection with the food when it is sold.

labelling:

(a) in relation to a food being sold, labelling means all of the labels for the food together; and

(b) a requirement for the labelling of a food for sale to include specified content is a requirement for at least one of the labels to have that content.

Division 2 Retail sales

1.2.1—4 When this Division applies

This Division applies to:

(a) a retail sale of a food; and

(b) a sale of a food that is not a retail sale, if the food is sold as suitable for retail sale without any further processing, packaging or labelling.

1.2.1—5 Outline of Division

This Division sets out:

(a) the circumstances in which food for sale is required to bear a label—see section 1.2.1—6;

(b) the country of origin labelling (Australia only) requirement—see section 1.2.1—7;

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