NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

(c) the other information the label must state—see section 1.2.1—8;

(d) the information requirements for a food for sale that is not required to bear a label—see section 1.2.1—9.

1.2.1—6 When the food for sale must bear a label

(1) If the food for sale is in a package, it is required to *bear a label with the information referred to in subsection 1.2.1—8(1) unless it:

(a) is made and packaged on the premises from which it is sold; or

(b) is packaged in the presence of the purchaser; or

(c) is whole or cut fresh fruit and vegetables (other than seed sprouts or similar products) in a package that does not obscure the nature or quality of the food; or

(d) is delivered packaged, and ready for consumption, at the express order of the purchaser (other than when the food is sold from a vending machine); or

(e) is sold at a *fund raising event; or

(f) is displayed in an *assisted service display cabinet.

Note 1 Even if a food for sale is not required to bear a label under this section, in Australia it still might be required to bear a label under section 1.2.1—7 (Australia only—country of origin labelling requirement).

Note 2 See section 1.2.1—9 for information requirements for food for sale that does not need to bear a label.

(2) If the food for sale has more than 1 layer of packaging and subsection (1) requires it to bear a label, only 1 label is required in relation to the food for sale.

Note See also section 1.2.1—24.

(3) If the food for sale is sold in packaging that includes individual packages for servings that are intended to be used separately (individual portion packs), but which:

(a) are not designed for individual sale; and

(b) have a surface area of 30 cm² or greater;

then the individual portion pack is also required to *bear a label, with the information referred to in subsection 1.2.1—8(3).

(4) If the food for sale is not in a package, it is not required to *bear a label.

Note See section 1.2.1—9 for information requirements for food for retail sale that does not need to bear a label.

1.2.1—7 Australia only—country of origin labelling requirement

(1) In Australia, the following apply:

(a) subject to paragraph (b), if the food for sale is in a package and is required to *bear a label because of section 1.2.1—6, the label must state the country of origin information referred to in section 1.2.11—4;

(b) if the food for sale is unprocessed fruit and vegetables in a package to which section 1.2.11—3 applies, it is required to bear a label, or have labelling that accompanies it or is displayed in connection with its sale, that states the country of origin information referred to in that section;

(c) if the food for sale is not in a package, it is required to bear a label, or have labelling that accompanies it or is displayed in connection with its sale, that states the country of origin information referred to in section 1.2.11—2.

Note A food for sale in Australia may be required to bear a label under this section, even if it is not required under section 1.2.1—6.

(2) This section does not apply to a food that:

(a) is sold to the public by any of the following:

(i) a restaurant;

(ii) a canteen;

(iii) a school;

(iv) a caterer;

(v) a self-catering institution;

(vi) a prison;

(vii) a hospital;

(viii) a *medical institution; and