NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

Inclusion of voluntary information in nutrition information panel might constitute a nutrition content claim

(3) If this Code permits, but does not require, particular information to be included in a nutrition information panel, the inclusion of that information constitutes a nutrition content claim unless:

(a) this Code provides otherwise; or

(b) the information is a declaration of:

(i) if the food contains less than 2 g of dietary fibre per serving—dietary fibre; or

(ii) trans fatty acid content; or

(iii) lactose content.

(4) For a food that contains more than 1.15% alcohol by volume, the inclusion in a nutrition information panel of the information referred to in paragraphs 1.2.8—6(1)(a), (b) and (c), and subparagraphs 1.2.8—6(1)(d)(i), (ii) and (iii) does not constitute a nutrition content claim.

Note 3 In this Standard, the following terms are also defined: fvnl, information period, nutrition content claim table and required records.

Division 2 Outline of Standard

1.2.7—3 Outline

This Standard:

(a) sets out:

(i) the claims that may be made on labels or in advertisements about the nutritional content of food (described as ‘nutrition content claims’); and

(ii) the claims that may be made on labels or in advertisements about the relationship between a food or a property of a food, and a health effect (described as ‘health claims’); and

(b) describes the conditions under which such claims may be made; and

(c) describes the circumstances in which endorsements may be provided on labels or in advertisements.

Division 3 Claims framework and general principles

1.2.7—4 Nutrition content claims or health claims not to be made about certain foods

(1) A nutrition content claim or health claim must not be made about:

(a) kava; or

(b) an infant formula product.

(2) A nutrition content claim (other than a claim about energy content or carbohydrate content) or a health claim must not be made about a food that contains more than 1.15% alcohol by volume.

1.2.7—5 Standard does not apply to certain foods

This Standard does not apply to:

(a) food that is intended for further processing, packaging or labelling prior to retail sale; or

(b) food that is delivered to a vulnerable person by a delivered meal organisation; or

(c) food, other than food in a package, that is provided to a patient in a hospital or a medical institution.

1.2.7—6 Standard does not apply to certain claims or declarations

This Standard does not apply to:

(a) a claim that is expressly permitted by this Code; or

(b) a claim about the risks or dangers of alcohol consumption or about moderating alcohol intake; or

(c) a declaration that is required by an application Act.

1.2.7—7 Form of food to which provisions of this Standard apply

If this Standard imposes a prerequisite, condition, qualification or any other requirement on the making of a claim, that prerequisite, condition, qualification or requirement applies to whichever of the following forms of the food is applicable:

(a) if the food can be either prepared with other food or consumed as sold—the food as sold;

(b) if the food is required to be prepared and consumed according to directions—the food as prepared;

(c) if the food requires reconstituting with water—the food after it is reconstituted with water and ready for consumption;

(d) if the food requires draining before consuming—the food after it is drained and ready for consumption.

51