Australia New Zealand Food Standards Code Standard 1.1A.2 Transitional Standard Health Claims (Cth)
STANDARD 1.1A.2
TRANSITIONAL STANDARD – HEALTH CLAIMS
To be repealed from 18 January 2016
Purpose
Editorial Note
Standard 1.1A.2 is a transitional standard that operates concurrently with Standard 1.2.7 for a period of three years. During the three-year period Standard 1.1A.2 operates unchanged by the Food Standards (Proposal P293 – Nutrition, Health & Related Claims – Consequential) Variation and a supplier can rely on Standard 1.2.7 or Standard 1.1A.2, but not both. If Standard 1.1A.2 is relied on in that period, the changes made to other Standards by that variation are to be treated as if they have no effect. At the end of the three-year period Standard 1.1A.2 ceases to operate. There is no stock-in-trade period at the end of the three-year period.
Clauses
(1A) For the matters regulated in this Standard, food must comply with this Standard or Standard 1.2.7, but not a combination of both.
(1B) This Standard ceases to have effect three years from the commencement of Standard 1.2.7.
(1C) Deleted.
(2) The label on or attached to a package containing or an advertisement for food shall not contain a claim or statement that the food is a slimming food or has intrinsic weight-reducing properties.
(3) (a) Save where otherwise expressly prescribed by this Code, any label on or attached to a package containing or any advertisement for food shall not include a claim for therapeutic or prophylactic action or a claim described by words of similar import.
(b) Any label on or attached to a package containing or an advertisement for a food shall not include the word ‘health’ or any word or words of similar import as a part of or in conjunction with the name of the food.
(c) Save where otherwise expressly prescribed by this Code, any label on or attached to a package containing or any advertisement for food shall not contain any word, statement, claim, express or implied, or design that directly or by implication could be interpreted as advice of a medical nature from any person.
(d) Save where otherwise expressly prescribed by this Code, the label on or attached to a package containing or any advertisement for food shall not contain the name of or a reference to any disease or physiological condition.
(e) Subject to subclauses (3)(f), (g) and (h), a food listed in column 1 of the Table to this subclause may have a health claim listed in column 3 of the Table made in respect of that food, provided that the food meets the relevant eligibility criteria in column 2 of the Table.
(ea) The reference to folate in the Table to subclause 3(e) excludes folate in the form of L-methyltetrahydrofolate, calcium.
Table to subclause (3)(e)
Permitted Health Claims
| Column 1 | Column 2 | Column 3 |
| Food | Eligibility Criteria Amounts specified are per each serving as specified in the nutrition information panel | Permitted Claim |
| PRIMARY FOODS Eggs Eggs Fruit Avocado Grapefruit Orange Legumes McKenzie’s Borlotti Beans McKenzie’s Cannellini Beans McKenzie’s Chick Peas McKenzie’s Dried (Whole Green) Peas McKenzie’s Green Split Peas McKenzie’s Haricot Beans McKenzie’s Italian Style Soup Mix McKenzie’s Lima Beans McKenzie’s Red Kidney Beans McKenzie’s Red Split Lentils McKenzie’s Soya Beans McKenzie’s Whole Green Lentils McKenzie’s Yellow Split Peas Mellow Yellow Red Kidney Beans Mellow Yellow Soya Beans Mellow Yellow Chick Peas Sanitarium Red Kidney Beans Nuts Peanuts Vegetables Beetroot Broccoli Brussels Sprouts Cabbage Cauliflower English Spinach Green beans Harvest FreshCuts Vegetable Medley Leeks Lettuce Mushrooms Parsnip Sweet corn Watties Garden Peas Watties Baby Peas Watties Choice Cut Green Beans Watties Supersweet Corn Zucchini | Primary foods as defined in Standard 1.3.2 Contains at least 40 micrograms folate Other foods Contains at least 40 micrograms folate and not more than – (A) 14 g fat, of which no more than 5 g is saturated fat; (B) 500 mg sodium; and (C) 10 g in total of added sugars and honey. | A claim which states – (a) that increased maternal folate consumption in at least the month before and 3 months following conception may reduce the risk of fetal neural tube defects; and (b) the recommendation that women consume a minimum of 400 micrograms folate per day in at least the month before and at least the first 3 months following conception. |
Table to subclause (3)(e)
Permitted Health Claims (continued)
| Column 1 | Column 2 | Column 3 |
| Food | Eligibility Criteria Amounts specified are per each serving as specified in the nutrition information panel | Permitted Claim |
| PROCESSED FOODS Bread Bread Tip Top English Muffins Tip Top Hyfibe White Muffins Tip Top Multigrain 9 Grain Muffins Tip Top Multigrain Muffins Tip Top The White Stuff Muffins Cereals Goodman Fielder Nature’s Gold Jackaroo Flour Kellogg’s All Bran Kellogg’s All Bran Fruit ‘n Oats Kellogg’s Bran Flakes Kellogg’s Corn Flakes Kellogg’s Golden Wheats Kellogg’s Guardian Kellogg’s Just Right Kellogg’s Mini-Wheats Apricot Kellogg’s Mini-Wheats Blackcurrent Kellogg’s Mini-Wheats Strawberry Kellogg’s Mini-Wheats Whole Wheat Kellogg’s Special K Kellogg’s Sultana Bran Lowan Flake Medley with Wild Berries Sanitarium Cornflakes* Sanitarium Fruity Bix – Apricot* Sanitarium Fruity Bix – Tropical* Sanitarium Fruity Bix – Wild Berry* Sanitarium Good Start* Sanitarium Light ‘n Tasty Sanitarium Lite-Bix* Sanitarium Soy Tasty Sanitarium Weet-Bix Sanitarium Weet-Bix HiBran Soy & Linseed Sanitarium Weet-Bix plus Oat Bran Uncle Toby’s Lite Start Breakfast Bars Uncle Toby’s Lite Start Breakfast Cereal Fruit/Vegetables Golden Circle Kernel Corn Golden Circle Sliced & Baby Beetroot Juices Berri Orange Juice (Long Life) – No Added Sugar Berri Orange Juice (Long Life) – Premium Berri Pure N’ Fresh (Chilled Orange Juice) Citrus Tree Orange Juice | Primary foods as defined in Standard 1.3.2 Contains at least 40 micrograms folate Other foods Contains at least 40 micrograms folate and not more than – (A) 14 g fat, of which no more than 5 g is saturated fat; (B) 500 mg sodium; and (C) 10 g in total of added sugars and honey. | A claim which states – (a) that increased maternal folate consumption in at least the month before and 3 months following conception may reduce the risk of fetal neural tube defects; and (b) the recommendation that women consume a minimum of 400 micrograms folate per day in at least the month before and at least the first 3 months following conception |
Table to subclause (3)(e)
Permitted Health Claims (continued)
| Column 1 | Column 2 | Column 3 |
| Food | Eligibility Criteria Amounts specified are per each serving as specified in the nutrition information panel | Permitted Claim |
| Coles Apple Juice – No Added Sugar (Sourced from Berri Ltd)Coles Apple and Blackcurrant Juice - No Added Sugar (Sourced from Berri Ltd) Coles Orange Juice – No Added Sugar (Sourced from Berri Ltd) Coles Orange and Mango Juice – No Added Sugar (Sourced from Berri Ltd) Coles Viten Fernland Balance Orange Juice Golden Circle Cloudy Apple Juice Golden Circle Orange Juice Golden Circle Pineapple Juice Just Juice Apple Just Juice Orange McCoy Orange Juice Quelch Just Squeezed Orange Stefans Orange Juice Soy Products Soy Feast Soy & Corn Fritters Extracts Sanitarium Marmite Kraft Vegemite Supplementary Foods National Foods Edge *approved pending folate fortification | Primary foods as defined in Standard 1.3.2 Contains at least 40 micrograms folate Other foods Contains at least 40 micrograms folate and not more than – (A) 14 g fat, of which no more than 5 g is saturated fat; (B) 500 mg sodium; and (C) 10 g in total of added sugars and honey. | A claim which states – (a) that increased maternal folate consumption in at least the month before and 3 months following conception may reduce the risk of fetal neural tube defects; and (b) the recommendation that women consume a minimum of 400 micrograms folate per day in at least the month before and at least the first 3 months following conception. |
(f) A health claim must not be made in respect of the following foods –
(i) food standardised in Part 2.7 of this Code;
(ii) food standardised in Standards 2.9.1, 2.9.2 and 2.9.4 of this Code; and
(iii) soft cheeses and pâté; and
(iv) formulated meal replacements standardised in Standard 2.9.3.
(g) The label on or attached to a package of food, in respect of which a health claim set out in the Table has been made, must include –
(i) a nutrition information panel in accordance with Standard 1.2.8, which additionally includes the average quantity of folate in one serving of the food, beside the proportion of the RDI of folate contributed by one serving of the food;
(ii) an asterisk accompanying the word ‘folate’ in the nutrition information panel which refers to a footnote advising that the RDI of 200 micrograms referred to is for adults, whereas for women, at least one month before and during pregnancy, the recommended folate intake is 400 micrograms per day;
(iii) an accompanying statement that it is important to maintain a varied diet; and
(iv) a statement of particular storage, handling or cooking requirements, where the ability of a food to contain at least 40 micrograms folate per each serving depends on those requirements.
(h) Where a label, in respect of which a health claim set out in the Table has been made, is displayed on or in connection with a food which is displayed for retail sale other than in a package, the label must include –
(i) a nutrition information panel in accordance with Standard 1.2.8, which additionally includes the average quantity of folate in one serving of the food, beside the proportion of the RDI of folate contributed by one serving of the food; and
(ii) an asterisk accompanying the word ‘folate’ in the nutrition information panel which refers to a footnote advising that the RDI of 200 micrograms referred to is for adults, whereas for women, at least one month before and during pregnancy, the recommended folate intake is 400 micrograms per day.
(iii) an accompanying statement that it is important to maintain a varied diet; and
(iv) a statement of particular storage, handling or cooking requirements, where the ability of a food to contain at least
40 micrograms folate per each serving depends on those requirements.
(i) Where a health claim may be made in relation to a food in accordance with this Standard the same claim in relation to that food may be made in an advertisement, provided the advertisement includes a statement that it is important to maintain a varied diet.
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