NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

(a) that the food contains or does not contain the property of food; or

(b) that the food contains a specified amount of the property of food in a specified amount of that food; or

(c) a combination of paragraph (a) and (b).

(2) A statement made for the purposes of paragraph (1)(a) must not use a descriptor listed in Column 3 of the nutrition content claims table, or any other descriptor, except a descriptor that indicates that the food does not contain the property of food.

1.2.7—14 Nutrition content claims about choline, fluoride or folic acid

(1) A nutrition content claim about choline, fluoride or folic acid may state only:

(a) that the food contains choline, fluoride or folic acid; or

(b) that the food contains a specified amount of choline, fluoride or folic acid in a specified amount of that food; or

(c) a combination of paragraph (a) and (b).

(2) A statement made for the purposes of paragraph (1)(a) must not use a descriptor listed in Column 3 of the nutrition content claims table, or any other descriptor.

(3) A nutrition content claim about choline, fluoride or folic acid may be made only if a health claim about that substance is made in relation to the same food.

1.2.7—15 Nutrition content claims must not imply slimming effects

A nutrition content claim that meets the conditions to use the descriptor diet must not use another descriptor that directly or indirectly refers to slimming or a synonym for slimming.

1.2.7—16 Comparative claims

A comparative claim about a food (claimed food) must include together with the claim:

(a) the identity of the reference food; and

(b) the difference between the amount of the property of food in the claimed food and the reference food.

(2) In this section, a nutrition content claim is a comparative claim if:

(a) it:

(i) directly or indirectly compares the nutrition content of one food or brand of food with another; and

(ii) includes claims using any of the following descriptors:

(A) light or lite;

(B) increased;

(C) reduced;

(D) words of similar import; or

(b) it:

(i) uses the descriptor diet; and

(ii) meets the conditions for making that claim by having at least 40% less energy than the same amount of reference food.

Division 5 Requirements for health claims

1.2.7—17 Application or proposal to vary S4—5 taken to be a high level health claims variation

An application or a proposal to add a general level health claim to the table to section S4—5 is taken to be an application or proposal for a high level health claims variation.

Note The term high level health claims variation is defined in section 4 of the FSANZ Act. The effect of this provision is that an application or a proposal to add a general level health claim to the table to S4—5 will be assessed under the provisions in Subdivision G of each of Divisions 1 and 2 of Part 3 of the FSANZ Act, as appropriate.

1.2.7—18 Conditions for making health claims

(1) A health claim must not be made unless:

(a) the food to which the health claim relates meets the NPSC; and

(b) the health claim complies with the requirements in:

(i) if the health claim is a high level health claim—subsection (2); or

(ii) if the health claim is a general level health claim—subsection (3).

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