Food Amendment (Nutritional Information) Regulation 2011 (NSW)
2011 No 628
New South Wales
Food Amendment (Nutritional
Information) Regulation 2011
under the
Food Act 2003
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Food Act 2003.
KATRINA HODGKINSON, MP
Minister for Primary Industries
Explanatory note
The object of this Regulation is to amend the Food Regulation 2010:
| (a) | to provide exemptions from the requirements of the Food Act 2003 in relation to the display of nutritional information for standard food items sold on a trial basis, and |
| (b) | to exempt supermarkets from those requirements until 1 February 2013, and |
| (c) | to permanently exempt supermarkets from those requirements in relation to standard food items on which are displayed nutrition information panels in accordance with the Australia New Zealand Food Standards Code of the Commonwealth, and |
| (d) | to vary the requirements relating to the manner of displaying nutritional information by supermarkets, and |
| (e) | to enable the Food Authority to waive or reduce the fee for approval as an analyst for the purposes of that Act in a particular case or class of cases, and |
| (f) | to clarify the operation of the meat food safety scheme in relation to retail premises, and |
| (g) | to update certain references to a prescribed document and Departments and for other law revision purposes. |
This Regulation is made under the Food Act 2003, including sections 102, 106Q and 139 (the general regulation-making power).
| Published LW 9 December 2011 | Page 1 |
| 2011 No 628 | |
| Clause 1 | Food Amendment (Nutritional Information) Regulation 2011 |
Food Amendment (Nutritional Information) Regulation
2011
under the
Food Act 2003
1 Name of Regulation
This Regulation is the Food Amendment (Nutritional Information)
Regulation 2011.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
2011 No 628
Food Amendment (Nutritional Information) Regulation 2011
| Amendment of Food Regulation 2010 | Schedule 1 |
| Schedule 1 | Amendment of Food Regulation 2010 |
[1] Clause 4A AUS-MEAT manual
Omit “(Second Edition, Version 2, 12 July 2010)”.
Insert instead “(Edition 3—2011 Version 1 amended 19 May 2011)”.[2] Clause 8 Fee for application for approval as analyst
Insert at the end of clause 8:
(2) The Food Authority may reduce or waive payment of the fee in a
particular case or class of cases.
[3] Clause 11 Charges for inspection of non-licensed food business
Omit “Department of Environment, Climate Change and Water” from clause 11 (5) (b).
Insert instead “Department of Premier and Cabinet”.
[4] Clause 16P
Omit the clause. Insert instead:
16P Definitions
(1) In this Part:
convenience store does not include a supermarket.
nutrition information panel means a nutrition information panel
that complies with the requirements for nutrition information
panels in Division 2 of Standard 1.2.8 of the Food Standards
Code.
supermarket means premises in which more than 1,000 square
metres of floor area is used for the retail sale of grocery items
which include at least all of the following items:
(a) bread, (b) breakfast cereal, (c) butter, (d) eggs, (e) flour, (f) fresh fruit and vegetables, (g) fresh milk, (h) meat, (i) rice,
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Food Amendment (Nutritional Information) Regulation 2011
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(j) sugar, (k)
packaged food other than food referred to in the preceding paragraphs.
(2) In this Part, expressions defined for the purposes of Division 4 of
Part 8 of the Act have the same meanings as in that Division.
[5] Clause 16S
Omit the clause. Insert instead:
16S Kinds of nutritional information required to be displayed
(1) For the purposes of section 106N of the Act, the following kinds of nutritional information are prescribed in relation to standard food outlets:
(a) in relation to a standard food outlet that is not a supermarket, the average energy content of each standard food item for sale by the standard food outlet concerned expressed in kilojoules, (b) in relation to a standard food outlet that is a supermarket, the average energy content of the whole or 100 g of each standard food item for sale by the standard food outlet concerned expressed in kilojoules,
(c)
The method of determining the nutritional information referred to in subclause (1) (a) or (b) is to calculate the average energy content of the whole of the standard food item concerned, or 100 g of the item, (as the case may be) in accordance with Standard 1.2.8 of the Food Standards Code.in relation to all standard food outlets, the following The average adult daily energy intake is 8,700 kJ. (2) (3) If the average energy content is to be calculated for the whole of a standard food item, the average energy content is to be calculated in accordance with Standard 1.2.8 of the Food Standards Code, making necessary adjustments to ensure that the calculation is done in relation to the whole of the item rather than per 100 g. (4) The number of kilojoules calculated as referred to in subclause (2) may be rounded to the nearest 10 kJ.
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Food Amendment (Nutritional Information) Regulation 2011
| Amendment of Food Regulation 2010 | Schedule 1 |
[6] Clause 16T
Omit the clause. Insert instead:
16T Kind of nutritional information voluntarily displayed that must
comply with requirements
(1) For the purposes of section 106O of the Act, the kind of nutritional information that is prescribed is the energy content of any standard food item, or part or amount of a standard food item, for sale at the standard food outlet concerned. (2) The nutritional information is to be determined:
(a) in the case of a standard food item for sale at a standard food outlet that is not a supermarket, as the average energy content of the standard food item in kilojoules, and (b) in the case of a standard food item for sale at a standard food outlet that is a supermarket, as the average energy content of the standard food item, or 100 g of the standard food item, in kilojoules, and (c) in all cases, in accordance with Standard 1.2.8 of the Food Standards Code. (3) If the average energy content is to be calculated for the whole of a standard food item, the average energy content is to be calculated in accordance with Standard 1.2.8 of the Food Standards Code, making necessary adjustments to ensure that the calculation is done in relation to the whole of the item rather than per 100 g. (4) The number of kilojoules calculated as referred to in subclause (2) may be rounded to the nearest 10 kJ.
[7] Section 16V Manner of displaying nutritional information
Omit clause 16V (1). Insert instead:
(1)
For the purposes of sections 106N and 106O of the Act, the nutritional information referred to in clauses 16S (1) (a) and (b) and 16T (1) must:
(a) be clearly legible, and (b)
display the number of kilojoules in numerals and use the abbreviation “kJ”, and
(c)
in the case of a standard food outlet that is not a supermarket, be in the same font, and at least the same font size, as the price displayed for the standard food item
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Food Amendment (Nutritional Information) Regulation 2011
| Schedule 1 | Amendment of Food Regulation 2010 |
concerned or, if no price is displayed, as the name
displayed for the item, and
(d) in the case of a standard food outlet that is a supermarket, be in the same font, and at least the same font size, as the price displayed for the standard food item concerned or the unit price displayed for the item (being the price per unit of measurement).
[8] Clause 16W Exemptions
Insert after clause 16W (2):
(3) A food business is exempt from the operation of section 106N of the Act in relation to a standard food item for a period of not more than 60 consecutive days during which the item is sold by the food business on a trial basis, but only if:
(a) not more than 5 standard food outlets of the food business in New South Wales sell that item during that period or part of that period, and (b) the item has not been sold at any time before that period by that food business in any of those standard food outlets. (4) A supermarket is exempt from the operation of sections 106N
and 106O of the Act until 1 February 2013.(5) On and from 1 February 2013, a supermarket is exempt from the operation of sections 106N and 106O of the Act in relation to a standard food item if:
(a) the item is displayed for sale as an individual item and is in a package on which is conspicuously displayed a nutrition information panel for the item, or (b) the item is displayed for sale as part of a combination of standard food items and all of the standard food items in the combination are in one or more packages on which are conspicuously displayed nutrition information panels for each item in the combination.
[9] Clause 58 Definitions
Insert “or any other retail premises” after “meat retail premises” in paragraph (d) of the definition of animal food processing plant in clause 58 (1).
[10] Clause 58 (1), definition of “meat processing plant”
Insert “or any other retail premises” after “meat retail premises” in paragraph (f).
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Food Amendment (Nutritional Information) Regulation 2011
| Amendment of Food Regulation 2010 | Schedule 1 |
[11] Clause 60 Application of meat food safety scheme to certain vehicles and food not intended for sale
Omit clause 60 (1) and (2).
[12] Clauses 70, 72 (a), 73, 74 and 75
Insert “(other than clauses 4.1–4.3 of that Standard)” after “CSIRO” wherever occurring.
[13] Clause 99 Establishment of Meat Industry Consultative Council
Omit “Department of Industry and Investment” from clause 99 (2) (c).
Insert instead “Department of Trade and Investment, Regional Infrastructure and Services”.
[14] Clause 118 Modification of Food Standards Code
Omit clause 118 (1). Insert instead:
(1) Standard 4.2.1 of the Food Standards Code is modified by omitting the definition of growing on from clause 15 and by inserting instead the following: growing on means the process where juvenile bivalve molluscs are further grown for a sufficient period to enable their development prior to sale.
[15] Clause 168 Industry consultation
Omit “Department of Industry and Investment” from clause 168 (2).
Insert instead “Department of Trade and Investment, Regional Infrastructure and Services”.
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