New Zealand Gazette – 2015 – No. 49

Page 7

✨ Food Standards Code



NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

Note Applies in Australia only

Schedule 23 Prohibited plants and fungi

Schedule 24 Restricted plants and fungi

Schedule 25 Permitted novel foods

Schedule 26 Food produced using gene technology

Schedule 27 Microbiological limits for foods

Schedule 28 Composition of packaged water

Schedule 29 Special purpose foods

Division 2 Application and interpretation

Note Definitions that are used throughout the Code are contained in Standard 1.1.2.

1.1.1—3 Application of Code

(1) Unless this Code provides otherwise, this Code applies to food that is:

(a) sold, processed or handled for sale in Australia or New Zealand; or

(b) imported into Australia or New Zealand.

Note 1 The following provisions have not been incorporated by reference into a food standard under the Food Act 2014 (NZ):

(i) sections 1.2.1—7 and 1.2.1—14, and Standard 1.2.11 (country of origin labelling requirements);

(ii) Standard 1.4.2 (agvet chemicals);

(iii) Standard 1.6.2 (processing requirements for meat);

(iv) section 2.1.1—5 (requirement for folic acid and thiamin in bread);

(v) section 2.2.1—12 (bovine must be free from bovine spongiform encephalopathy);

(vi) Standard 2.2.2 (eggs);

(vii) subsection 2.4.2—3(2) and subsection 2.4.2—3(4) (requirement for food sold as table edible oil spreads and table margarine);

(viii) Chapter 3 (food safety standards) and Chapter 4 (primary production and processing standards).

Note 2 Standard 2.9.6 (Transitional standard for special purpose foods (including amino acid modified foods)) does not apply in Australia.

(2) Subsection (1) does not apply to wine that:

(a) has a shelf life of more than 12 months; and

(b) was bottled before 20 December 2002; and

(c) complies with all food standards in the case of Australia and all food standards in the case of New Zealand that would have applied on the date of bottling; and

(d) is labelled with a 2002 vintage date or earlier.

1.1.1—4 Application of interpretation legislation

This Code is to be interpreted in accordance with the rules of interpretation:

(a) in Australia—the Acts Interpretation Act 1901 (Cth); and

(b) in New Zealand—the Interpretation Act 1999 (NZ).

1.1.1—5 References to other instruments

(1) In this Code:

(a) a reference to an Act, including an Act of a State or Territory or of New Zealand, includes any instruments made under that Act; and

(b) a reference to the Code of Federal Regulations, or CFR, is a reference to the 2014 compilation of the United States Code of Federal Regulations.

Note In this Code, the Code of Federal Regulations is cited in the following format:

[title number] CFR § [section number]

(2) Guidelines developed by FSANZ in accordance with paragraph 13(1)(c) of the FSANZ Act are to assist in the interpretation of this Code and are not legally binding.

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Online Sources for this page:

Gazette.govt.nz — PDF NZ Gazette 2015, No 49




✨ LLM interpretation of page content

🏥 Schedules and Application of Food Standards Code

🏥 Health & Social Welfare
Food standards, Prohibited plants, Restricted plants, Novel foods, Gene technology, Microbiological limits, Packaged water, Special purpose foods, Australia, New Zealand