New Zealand Gazette – 2015 – No. 49

Page 9

✨ Food Standards Code



NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

those Acts, a person:

(a) must comply with any requirement imposed on the person by a provision of this Code in relation to:

(i) the conduct of a food business; or

(ii) food intended for sale; or

(iii) food for sale; and

(b) must not sell any food that does not comply with any requirement of this Code that relates to the food; and

(c) must not sell or advertise any food that is packaged or labelled in a manner that contravenes a provision of this Code; and

(d) must not sell or advertise for sale any food in a manner that contravenes a provision of this Code; and

(e) must not, for the purpose of effecting or promoting the sale of any food in the course of carrying on a food business, cause the food to be advertised, packaged or labelled in a way that falsely describes the food.

(2) For paragraph (1)(e), food is falsely described if:

(a) it is represented as being of a particular nature or substance; and

(b) the Code provides a prescribed standard for such food; and

(c) the food does not comply with the prescribed standard.

(3) The relevant Acts are:

(a) Food Act 2003 (New South Wales)

(b) Food Act 1984 (Victoria)

(c) Food Act 2006 (Queensland)

(d) Food Act 2008 (Western Australia)

(e) Food Act 2001 (South Australia)

(f) Food Act 2003 (Tasmania)

(g) Food Act 2001 (Australian Capital Territory)

(h) Food Act 2004 (Northern Territory).

(4) Under the Imported Food Control Act 1992 (Cth), a person is prohibited from:

(a) importing into Australia food that does not meet applicable standards of this Code, other than those relating to information on labels of packaged food; and

(b) dealing with imported food that does not meet applicable standards relating to information on labels of packaged food.

Note 2 In New Zealand, under the Food Act 2014 (NZ) a person commits an offence if the person breaches or fails to comply with:

(a) a requirement in an adopted joint food standard or a domestic food standard;

(b) …

1.1.1—10 Requirements relating to food for sale

(1) This section applies in relation to food for sale.

Compositional requirements

(2) Subject to this section, food for sale may consist of, or have as an ingredient, any food.

(3) Food for sale must comply with any provisions of this Code relating to the composition of food of that kind (including provisions relating to the presence of other substances in food of that kind).

(4) Where a compositional requirement permits the use of ‘other foods’ or ‘other ingredients’ as ingredients, the permission does not extend to the addition of a food or a substance that is otherwise not permitted to be added to food, or to the specified food, under this Code.

(5) Unless expressly permitted by this Code, food for sale must not be any of the following:

(a) a prohibited plant or fungus, a restricted plant or fungus, or coca bush;

(b) if the food is for retail sale—a novel food;

(c) a food produced using gene technology;

(d) a food that has been irradiated;

(e) kava or any substance derived from kava.



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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 (continued from previous page)

🏥 Health & Social Welfare
Food standards, Compositional requirements, Prohibited substances, Food safety, Compliance