NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

1.1.1—6 How average quantity is to be calculated

(1) This section applies where this Code requires an average quantity of a substance to be declared in the labelling of a food for sale, whether as a percentage or as the amount of the substance in a serving or other amount of the food.

Note The term average quantity is defined in section 1.1.2—2.

Example The Code requires the ‘average quantity’ of a variety of substances to be listed in the nutrition information about a food for sale, for example protein, carbohydrate and sugars.

(2) The average quantity is to be calculated by the manufacturer or producer using whichever of the methods in subsection (3) the manufacturer or producer considers to best represent the average quantity, taking into account any factors that would cause the actual amount of the substance in the food to vary from lot to lot, including seasonal variability.

(3) The methods are:

(a) the amount that the manufacturer or producer of the food determines, based on an analysis, to be the average amount of the substance in a serving or other amount of the food; or

(b) the calculation of the actual amount of the substance, or the calculation of the average amount of the substance, in the ingredients used for the food; or

(c) the calculation from generally accepted data relevant to that food.

1.1.1—7 Units of measurement

(1) A symbol of measurement used in this Code has the meaning assigned to it by the table in Schedule 2.

(2) If a symbol is not assigned a meaning by the table, it has the meaning assigned to it:

(a) in Australia—by the National Measurement Act 1960 (Cth); or

(b) in New Zealand—by the Weights and Measures Act 1987 (NZ).

(3) If a symbol is not assigned a meaning by the table or subsection (2), it has the meaning assigned to the symbol by the Systeme Internationale d’Unités.

(4) Where a unit of measurement is referred to in the heading of a table in this Code, the amounts specified in the table are to be measured according to those units unless a different unit of measurement is specified in relation to a particular item in the table.

1.1.1—8 Compliance with requirements for mandatory statements or words

(1) If a provision of this Code requires a warning statement or specific words to be used, the warning statement or words must be expressed in the words set out in this Code without modification.

(2) If a provision of this Code requires a statement other than a warning statement to be used:

(a) that statement may be modified; and

(b) any modification must not contradict or detract from the effect of the statement.

Division 3 Effect of variations to Code

1.1.1—9 Effect of variations to Code

(1) Unless this Code, or an instrument varying this Code, provides otherwise, if:

(a) this Code is varied; and

(b) a food was compliant for a kind of sale immediately before the variation commenced;

the food is taken to be compliant for that kind of sale for a period of 12 months beginning on the date of the variation.

(2) In this section, a food is compliant for a kind of sale if:

(a) when a labelling requirement of this Code applies to the kind of sale—the labelling of the food complies with the requirement; and

(b) when a packaging requirement of this Code applies to the kind of sale—the packaging of the food complies with the requirement; and

(c) the food complies with any provisions of this Code relating to the composition of food of that kind.

Division 4 Basic requirements

Note In Australia, the Code is enforced under application Acts in each State and Territory, and under Commonwealth legislation dealing with imported food. In outline, this scheme operates as follows:

(1) The application Acts comprise a uniform legislative scheme based on Model Food Provisions that are annexed to the Food Regulation Agreement, an agreement between the Commonwealth, States and Territories. Under