Australia New Zealand Food Standards Code Standard 1.1A.6 Transitional Standard for Special Purposes Foods (including Amino Acid Modified Foods) (New Zealand Only) (Cth)

STANDARD 1.1A.6

TRANSITIONAL STANDARD FOR SPECIAL PURPOSES FOODS (INCLUDING AMINO ACID MODIFIED FOODS)

(New Zealand only)

Purpose

This Standard incorporates the provisions of Regulations 237 and 239A of the former New Zealand Food Regulations (1984), in so far as they relate to special purpose foods and amino acid modified foods.  It is anticipated that this Standard will be repealed upon the development of Standards regulating food type dietary supplements.  This Standard operates solely in relation to food sold or imported into New Zealand.

Clauses

1             Interpretation

(1)           In this Standard –

amino acid modified food means a special purpose food that in the preparation of which there has been a restriction in the use of ingredients containing one or more particular amino acids or a reduction of the content of one or more particular amino acids in any of the ingredients.

special purpose food means a food specially processed or formulated to satisfy particular dietary requirements that exist because of –

(a)           a particular physical or physiological condition; or

(b)          a specific disease or disorder; or

(c)           both such a condition and a disease or disorder;

and are presented as such.

(2)           Other than in Division 2 in Standard 2.9.3, a reference in this Code to a special purpose food is taken to be a reference to formulated meal replacement.

Editorial note:

The effect of subclause 1(2) is that additives permitted in formulated meal replacements are permitted in special purpose foods.  Subclause 1(2) exempts special purpose foods from the requirements for minimum levels for protein, kJ; and the minimum and maximum levels for vitamins and minerals.  The definition of formulated meal replacements is not intended to be taken literally in relation to special purpose foods.  i.e. special purpose foods are not necessarily intended as a meal replacement.

2             Application

(1)           Subject to subclause (2), for the matters regulated in this Standard, food produced in or imported into New Zealand must comply with this Standard.

(2)           This Standard does not apply to food produced in or imported into Australia.

(3)           This Standard –

(a)          does not apply to food for special medical purposes; and

(b)          ceases to have effect in relation to other special purpose food, including food formulated and represented as being for the dietary management of obesity or overweight, two years from the commencement of any alternative applicable provisions in this Code.

3             Composition

Special purpose foods may contain any of the vitamins and minerals specified in column 1 of Table 1 and column 1 of Table 2 in Standard 2.9.3.

4             Labelling of special purpose foods

Every label used in connection with a special purpose food must state the special purpose of the food.

5             Labelling of amino acid modified foods

(1)           The label on each package of amino acid modified food shall bear one or more of the following –

(a)          the words ‘amino acid modified food’;

(b)          the name of the amino acid or amino acids that have been restricted;

(c)          the name of the disease, or a name describing the condition of the group of people, for which the product is intended;

(d)          the words ‘low protein’, where applicable.

(2)           The label on each package of amino acid modified food shall bear, in the nutrition information panel, a statement of –

(a)          the quantity of carbohydrate, protein, and fat in the food, expressed in g; and

(b)          the energy content of the food, expressed in kJ; and

(c)          the quantity of sodium, and of potassium, in the food, expressed in mg; and

(d)          the quantity of the particular amino acid or protein present in the food, or both, as appropriate for the intended use of the food.

(3)           The label on each package of amino acid modified food shall bear, in the principal display panel, in 3 mm lettering, the words ‘Take only on medical advice’.

Amendment History

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

About this compilation

This is a compilation of Standard 1.1A.6 as in force on 30 October 2014 (up to Amendment No. 150). It includes any commenced amendment affecting the compilation to that date.

Prepared by Food Standards Australia New Zealand on 30 October 2014.

Uncommenced amendments or provisions ceasing to have effect

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislative Instruments including or omitting those amendments and provided in the Amendment History once the date is passed.

The following abbreviations may be used in the table below:

ad = added or inserted   am = amended

exp = expired or ceased to have effect                  rep = repealed

rs = repealed and substituted

Standard 1.1A.6 was published in the Food Standards Gazette No. FSC 3 on 28 June 2002 as part of Amendment No. 61 (F2008B00806 –- 19 December 2008) and has been amended as follows:

Clause affected	A’ment No.	FRLI registration Gazette	Commencement (Cessation)	How affected	Description of amendment
Purpose	150	F2014L01427 28 Oct 2014 FSC92 30 Oct 2014	30 Oct 2014	am	Omit reference to medical foods.
1(2)	101	F2008L03058 14 Aug 2008 FSC43 14 Aug 2008	14 Aug 2008	am	Editorial note following the subclause.
2(3)	132 139	F2012L013471 26 June 2012 FSC74 28 June 2012 as am by F2013L00250 21 Feb 2013 FSC81 21 Feb 2013	21 Feb 2013	am	Amend subclause to indicate that the Standard ceases to have effect on 28 June 2014, except in relation to food formulated and represented as being for the dietary management of obesity. Repeal date brought forward from 28 June 2014 to 21 February 2013.
2(3)	150	F2014L01427 28 Oct 2014 FSC92 30 Oct 2014	30 Oct 2014	rs	Subclause to clarify application.
3	101	F2008L03058 14 Aug 2008 FSC43 14 Aug 2008	14 Aug 2008	am	Editorial note following the clause.