NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

contained in a small package.

(5) Despite paragraph (3)(b), if the form of the food to which the claim relates is the food as sold, the form of the food to which the claim relates need not be stated.

(6) A dietary context statement must:

(a) state that the *health effect must be considered in the context of a healthy diet involving the consumption of a variety of foods; and

(b) be appropriate to the type of food or the *property of food that is the subject of the claim and the health effect claimed; and

(c) either:

(i) if the health claim is a high level health claim based on a relationship described in the high level health claims table or a general level health claim based on a relationship described in the general level health claims table—include words to the effect of the relevant dietary context statement in the corresponding row of column 4 of the relevant table, if any; or

(ii) if the health claim is a general level health claim based on a relationship that has been notified under paragraph 1.2.7—18(3)(b)—include words to the effect of a relevant dietary context statement that is a reasonable conclusion of the systematic review.

1.2.7—21 Split health claims

The matters referred to in paragraph 1.2.7—20(1)(a) or paragraph 1.2.7—20(2)(a) may also appear in another statement on the label or in an advertisement if:

(a) the information required by subsection 1.2.7—20(1) or subsection 1.2.7—20(2) appears on a label or in an advertisement; and

(b) the other statement indicates where on the label or advertisement the information required by subsection 1.2.7—20(1) or subsection 1.2.7—20(2) is located.

1.2.7—22 Statements for claims about phytosterols, phytostanols and their esters

A dietary context statement for a claim about *phytosterols, phytostanols and their esters need not include a statement required by paragraph 1.2.7—20(6)(a) if the claim appears together with the mandatory advisory statement required by subsection 1.2.3—2(1).

Division 6 Endorsements

1.2.7—23 Endorsing bodies

(1) An *endorsing body must:

(a) not be related to; and

(b) be independent of; and

(c) be free from influence by;

the supplier of food in relation to which an endorsement is made.

(2) In this section, an endorsing body is related to a supplier if the supplier:

(a) has a financial interest in the endorsing body; or

(b) established, either by itself or with others, the endorsing body; or

(c) exercises direct or indirect control over the endorsing body.

1.2.7—24 Criteria for endorsements

(1) A supplier of food may make or include an endorsement on a label or in an advertisement for the food, or otherwise use the endorsement, if:

(a) the supplier keeps the required records for the information period; and

(b) the supplier upon request by the relevant authority, makes the required records available for inspection within the time specified by the relevant authority; and

(c) the endorsement complies with section 1.2.7—8; and

(d) the *endorsing body complies with section 1.2.7—23.

(2) If a label on, or an advertisement for, imported food makes or includes an endorsement, the importer of the food must:

(a) keep the required records for the information period as if the importer of the food were the *supplier of the food; and

(b) upon request by the relevant authority, make the required records available for inspection within the time