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

Overview

Standard 1.1A.6 Transitional Standard for Special Purpose Foods (Including Amino Acid Modified Foods) (New Zealand Only) was enacted in 2002, incorporating the provisions of the former New Zealand Food Regulations (1984) relating to special purpose foods and amino acid modified foods. This Standard is anticipated to be repealed upon the development of Standards regulating food type dietary supplements and applies exclusively to food sold or imported into New Zealand. The objective of the Standard is to regulate the composition and labelling of special purpose foods and amino acid modified foods, ensuring that they meet specific dietary requirements due to particular physical or physiological conditions, specific diseases or disorders, or both. The Standard was enacted by Food Standards Australia New Zealand under section 92 of the Food Standards Australia New Zealand Act 1991, with amendments made to clarify its application and to bring forward the repeal date in certain circumstances.

Scope and Application

Standard 1.1A.6 Transitional Standard for special purpose foods (including amino acid modified foods), pertains exclusively to foods sold or imported into New Zealand. This Standard incorporates the provisions of Regulations 237 and 239A of the former New Zealand Food Regulations (1984), specifically relating to special purpose foods and amino acid modified foods, and is expected to be repealed upon the establishment of Standards regulating food type dietary supplements. The Standard does not apply to food produced in or imported into Australia, food for special medical purposes, or 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. Special purpose foods are specially processed or formulated to satisfy particular dietary requirements due to a physical or physiological condition, a specific disease or disorder, or both, and are presented as such. Amino acid modified foods are a subset of special purpose foods, where the preparation involves a restriction in the use of ingredients containing particular amino acids or a reduction of the content of one or more particular amino acids in any of the ingredients. Labels for these foods must specify the special purpose, the amino acids that have been restricted, the name of the disease or condition for which the product is intended, and include nutritional information and a warning to take only on medical advice.

Key Provisions

The Standard 1.1A.6 Transitional Standard for special purpose foods (including amino acid modified foods) outlines specific requirements for special purpose foods and amino acid modified foods sold or imported into New Zealand. These requirements are designed to ensure that such foods meet certain standards in terms of composition, labelling, and application, and are intended to provide dietary support for individuals with particular physical or physiological conditions or specific diseases or disorders. The Standard incorporates provisions from the former New Zealand Food Regulations (1984) and is set to be repealed once new Standards regulating food type dietary supplements are developed. It is important to note that this Standard applies solely to food sold or imported into New Zealand, and not to food produced or imported into Australia. The Standard imposes several obligations on the parties or entities it governs. Firstly, it requires that food produced in or imported into New Zealand comply with the Standard unless it falls under an exception outlined in clause 2(2). Secondly, it exempts food for special medical purposes from the requirements of this Standard. Thirdly, the Standard 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 the Code. Additionally, special purpose foods must contain vitamins and minerals specified in column 1 of Table 1 and Table 2 in Standard 2.9.3, and the label on each package of special purpose food must state the special purpose of the food. Furthermore, the Standard requires that the label on each package of amino acid modified food bear specific information. This includes the words 'amino acid modified food', the name of the amino acid or amino acids that have been restricted, the name of the disease or a name describing the condition of the group of people for which the product is intended, and the words 'low protein', where applicable. The label must also include a nutrition information panel with specific details, such as the quantity of carbohydrate, protein, and fat in grams, the energy content in kilojoules, and the quantity of sodium and potassium in milligrams. Moreover, the label must include a statement in the principal display panel, in 3 mm lettering, indicating that the food should be taken only on medical advice. The Standard imposes certain consequences for breach of its provisions. While the document does not explicitly outline penalties or consequences for non-compliance, breaches of food standards regulations in New Zealand generally attract penalties under the Food Act 2014. These penalties can include fines, imprisonment, or both, depending on the severity of the breach. It is essential for parties or entities governed by this Standard to ensure compliance to avoid potential legal consequences.