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Standard 1.1A.2 Food Standards as amended, taking into account amendments up to Australia New Zealand Food Standards Code – Amendment No. 101 – 2008
This Standard incorporates clause (19) of Standard A1 of the Australia Food Standards Code, and operates as a transitional alternative standard to Standard 1.2.7 for a period of two years from the commencement of Standard 1.2.7. During this time, food must comply with this Standard or Standard 1.2.7 of the Code. After the two-year transition period, Standard 1.2.7 will exclusively apply.
Administered by: Health
Registered 28 Oct 2009
Start Date 14 Aug 2008
End Date 17 Jan 2013
Date of repeal 18 Jan 2016
Repealed by Food Standards (Proposal P293 – Nutrition, Health & Related Claims – Consequential) Variation

Standard 1.1A.2

 

Transitional Standard – Health Claims

 

 

Purpose

 

This Standard incorporates clause (19) of Standard A1 of the Australian Food Standards Code, and operates as a transitional alternative standard to Standard 1.2.7 for a period of two years from the commencement of Standard 1.2.7.  During this time, food must comply with this Standard or Standard 1.2.7 of the Code.  After the two-year transition period, Standard 1.2.7 will exclusively apply.  ‘Stock-in-trade’ provisions contained in Standard 1.1.1 should also be referred to, along with Standard 1.2.8 and 1.3.2.

 

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 two 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

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

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

 

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*

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

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

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

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

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.