Standard 1.2.7 澳新食品標準法典 - 營養(yǎng)、健康和相關(guān)聲稱.rar,Standard,1.2.7,澳新食品標準法典,營養(yǎng)、健康和相關(guān)聲稱,1.2,食品,標準,法典,營養(yǎng),健康,相關(guān),聲稱 1 Standard 1.2.7 – Nutrition, Health and Related Claims The Board of Food Standards Australia New Zealand gives notice of the making of this Standard under section 92 of the Food Standards Australia New Zealand Act 1991. The Standard commences on 18 January 2013. Dated 7 January 2013 Standards Management Officer Delegate of the Board of Food Standards Australia New Zealand Federal Register of Legislative Instruments F2013L00054 2 STANDARD 1.2.7 NUTRITION, HEALTH AND RELATED CLAIMS Table of Provisions Part 1 – Purpose and interpretation 1 Purpose 2 Interpretation Part 2 – Claims framework and general principles 3 Nutrition content claims or health claims not to be made about certain foods 4 Standard does not apply to certain foods 5 Standard does not apply to certain claims and declarations 6 Form of food to which provisions of this Standard apply 7 Claims not to be therapeutic in nature 8 Claims not to compare vitamin or mineral content 9 Standard does not prescribe words Part 3 – Requirements for nutrition content claims and health claims Division 1 – Nutrition content claims 10 Presentation of nutrition content claims 11 Nutrition content claims about properties of food in Schedule 1 12 Nutrition content claims about properties of food not in Schedule 1 13 Nutrition content claims about choline, fluoride or folic acid 14 Nutrition content claims must not imply slimming effects 15 Comparative claims Division 2 – Health claims 16 Application or proposal to vary Schedule 3 taken to be a high level health claims variation 17 Conditions for making health claims 18 Requirement when making a general level health claim under paragraph 17(4)(b) 19 How health claims are to be made 20 Split health claims 21 Statements for claims about phytosterols, phytostanols and their esters Division 3 – Endorsements 22 Endorsing bodies 23 Criteria for endorsements Division 4 – Additional labelling of food required to meet the NPSC 24 Method for calculating a nutrient profiling score 25 Labelling of food required to meet the NPSC 26 Labelling exemptions for certain foods Schedule 1 Conditions for nutrition content claims Schedule 2 Conditions for permitted high level health claims Schedule 3 Conditions for permitted general level health claims Schedule 4 Nutrient profiling scoring criterion Schedule 5 Nutrient profiling scoring method Schedule 6 Process of systematic review Part 1 – Purpose and interpretation Editorial Note: Standard 1.1A.2 is a transitional standard that operates concurrently with this Standard 1.2.7 for a period of three years. During the three-year period Standard 1.1A.2 operates unchanged by this Standard and related variations made by the Food Standards (Proposal P293 – Nutrition, Health and (b) describes the conditions under which such claims can be made, and (c) describes the circumstances in which endorsements can be provided on labels or in advertisements. 2 Interpretation In this Standard – average energy content is as defined in Standard 1.2.8. biologically active substance is as defined in Standard 1.2.8. biomarker means a measurable biological parameter that is predictive of the risk of a serious disease when present at an abnormal level in the human body. carbohydrate is as defined in Standard 1.2.8. dietary fibre is as defined in Standard 1.2.8. endorsement means a nutrition content claim or a health claim that is made with the permission of an endorsing body. endorsing body is a not-for-profit entity which has a nutrition- or health-related purpose or function that permits a supplier to make an endorsement. fat is as defined in Standard 1.2.8. food group means any of the following groups – (a) bread (both leavened or unleavened), grains, rice, pasta and noodles; (b) fruit, vegetables, herbs, spices and fungi; (c) milk and milk products as standardised in Part 2.5 and analogues derived from legumes and cereals mentioned in Column 1 of the Table to clause 3 in Standard 1.3.2; (d) meat, fish, eggs, nuts, seeds and dried legumes; (e) fats including butter, edible oils and edible oil spreads. fruit means the edible portion of a plant or constituents of the edible portion that are present in the typical proportion of the whole fruit (with or without the peel or water), but does not include nuts, spices, herbs, fungi, legumes and seeds. fvnl is as defined in item 4 of Schedule 5 for the purpose of calculating V points. general level health claim means a health claim that is not a high level health claim. gluten means the main protein in wheat, rye, oats, barley, triticale and spelt relevant to the medical conditions coeliac disease and dermatitis herpetiformis. glycaemic index (GI) means a measure of the blood glucose raising ability of the digestible carbohydrates in a given food as determined by a recognised scientific method. Federal Register of Legislative Instruments F2013L00054 4 Editorial note: A method for determining glycaemic index of carbohydrates in foods is described in the Standards Australia Australian Standard Glycemic index of foods (AS 4694 – 2007). In particular, glycaemic index testing is carried out by the determination of glycaemic (blood glucose) responses in human volunteers (in–vivo testing). The objective of AS 4694 - 2007 is to establish the recognised scientific method as the standard method for the determination of glycaemic index (GI) in foods. health claim means a claim which states, suggests or implies that a food or a property of food has, or may have, a health effect. Editorial note: For the definition of claim, see clause 2 of Standard 1.1.1. health effect means an effect on the human body, including an effect on one or more of the following – (a) a biochemical process or outcome; (b) a physiological process or outcome; (c) a functional process or outcome; (d) growth and development; (e) physical performance; (f) mental performance; (g) a disease, disorder or condition. high level health claim means a health claim that refers to a serious disease or a biomarker of a serious disease. meets the NPSC means that the nutrient profiling score of a food described in Column 1 of Schedule 4 is less than the number specified for that food in Column 2 of that Schedule. monounsaturated fatty acids is as defined in Standard 1.2.8. NPSC means the nutrient profiling scoring criterion. nutrient profiling score means the final score calculated pursuant to the method described in Schedule 5. nutrition content claim means a claim about – (a) the presence or absence of – (i) a biologically active substance; or (ii) dietary fibre; or (iii) energy; or (iv) minerals; or (v) potassium; or (vi) protein; or (vii) carbohydrate; or (viii) fat; or (ix) the components of any one of protein, carbohydrate or fat; or (x) salt; or (xi) sodium; or (xii) vitamins; or (b) glycaemic index or glycaemic load; Federal Register of Legislative Instruments F2013L00054 5 that does not refer to the presence or absence of alcohol, and is not a health claim. Editorial note: For the definition of claim, see clause 2 of Standard 1.1.1. polyunsaturated fatty acids is as defined in Standard 1.2.8. property of food means a component, ingredient, constituent or other feature of food. reference food means a food that is – (a) of the same type as the food for which a claim is made and that has not been further processed, formulated, reformulated or modified to increase or decrease the energy value or the amount of the nutrient for which the claim is made; or (b) a dietary substitute for the food in the same food group as the food for which a claim is made. Editorial note: An example for paragraph (a) is reduced fat milk compared to whole milk (the reference food). An example for paragraph (b) is milk alternatives compared to milk products (the reference food). salt is as defined in Standard 2.10.2. saturated fatty acids is as defined in Standard 1.2.8. serious disease means a disease, disorder or condition which is generally diagnosed, treated or managed in consultation with or with supervision by a health care professional. small package is as defined in Standard 1.2.1. sugars is as defined in Standard 1.2.8. trans fatty acids is as defined in Standard 1.2.8. vegetable means the edible portion of a plant or constituents of the edible portion that are present in the typical proportion of the whole vegetable (with or without the peel or water) but does not include nuts, spices, herbs, fungi, dried legumes (including dried legumes that have been cooked or rehydrated) and seeds. Part 2 – Claims framework and general principles 3 Nutrition content claims or health claims not to be made about certain foods A nutrition content claim or health claim must not be made about – (a) kava; or (b) a food that contains more than 1.15% alcohol by volume, other than a nutrition content claim about energy content or carbohydrate content; or (c) an infant formula product. Editorial note: Kava is standardised in Standard 2.6.3. Infant formula product is standardised in Standard 2.9.1. Federal Register of Legislative Instruments F2013L00054 6 4 Standard does not apply to certain foods This Standard does not apply to food that is – (a) intended for further processing, packaging or labelling prior to retail sale; or (b) delivered to a vulnerable person by a delivered meal organisation; or (c) provided to a patient in a hospital or other similar institution, other than food in a package. Editorial Note: The facilities that are ‘other similar institutions’ are described in the table to clause 8 of Standard 1.2.1. 5 Standard does not apply to certain claims or declarations This Standard does not apply to – (a) a claim that is expressly permitted by another Standard in this Code; or (b) a claim about the risks or dangers of alcohol consumption or about moderating alcohol intake; or (c) a declaration that is required by the Act. 6 Form of food to which provisions of this Standard apply If this Standard imposes a prerequisite, condition, qualification or any other requirement on the making of a claim, that prerequisite, condition, qualification or requirement applies to the form of the food as determined in accordance with the Table. Table to clause 6 Form of the food The food as sold if the food can be either prepared with other food or consumed as sold. The food as prepared if the food is required to be prepared and consumed according to directions. The food after it is reconstituted with water and ready for consumption if the food requires reconstituting with water. The food after it is drained and ready for consumption if the food requires draining before consuming. Editorial note: Clause 11A of Standard 1.2.8 provides additional nutrition information panel (NIP) requirements where a claim is based on food as prepared. 7 Claims not to be therapeutic in nature A claim must not – (a) refer to the prevention, diagnosis, cure or alleviation of a disease, disorder or condition; or (b) compare a food with a good that is – (i) represented in any way to be for therapeutic use; or (ii) likely to be taken to be for therapeutic use, whether because of the way in which the good is presented or for any other reason. 8 Claims not to compare vitamin or mineral content A claim that directly or indirectly compares the vitamin or mineral content of a food with that of another food must not be made unless the claim is permitted by another Standard in this Code. Federal Register of Legislative Instruments F2013L00054 7 9 Standard does not prescribe words (1) Nothing in this Standard is to be taken to prescribe the words that must be used when making a claim. (2) Any statement or information required by this Standard may be modified if the modification does not alter or contradict the effect of the required statement or information. Part 3 – Requirements for nutrition content claims and health claims Division 1 – Nutrition content claims 10 Presentation of nutrition content claims A nutrition content claim must be stated together with a statement about the form of the food to which the claim relates, unless the form of the food to which the claim relates is the food as sold. 11 Nutrition content claims about properties of food in Schedule 1 (1) If a property of food is mentioned in Column 1 of Schedule 1 a nutrition content claim may only be made about that property of food in accordance with this clause. (2) If a claim is made in relation to a food about a property of food mentioned in Column 1 of Schedule 1 the food must meet the corresponding general claim conditions, if any, in Column 2 of that Schedule. (3) If a claim made in relation to a food about a property of food mentioned in Column 1 of Schedule 1 uses a descriptor mentioned in Column 3 of that Schedule or a synonym of that descriptor the food must meet – (a) the general claim conditions for the relevant property of food in Column 2 of that Schedule; and (b) the specific claim conditions in Column 4 of that Schedule for the relevant descriptor. (4) If, in relation to a claim mentioned in subclause (3), there is an inconsistency between a general claim condition in Column 2 of Schedule 1 and a specific claim condition in Column 4 of that Schedule, the specific claim condition prevails. (5) A descriptor must not be used in a nutrition content claim about lactose or trans fatty acids unless the descriptor – (a) is mentioned in Column 3 of Schedule 1 and corresponds with that property of food, or (b) is a synonym of the descriptor mentioned in paragraph (a). (6) A descriptor must not be used in a nutrition content claim about glycaemic load unless that descriptor is expressed as a number or in numeric form. (7) A nutrition content claim in relation to gluten may only – (a) use a descriptor that is mentioned in Column 3 of Schedule 1 in conjunction with gluten, or a synonym of such a descriptor; or (b) state that a food contains gluten or is high in gluten. (8) Subject to this clause and clause 14 (Nutrition content claims must not imply slimming effects) any descriptor that is not mentioned in Column 3 of Schedule 1, including a descriptor expressed as a number or in numeric form, may be used in conjunction with a property of food that is mentioned in Column 1 of that Schedule. Federal Register of Legislative Instruments F2013L00054 8 12 Nutrition content claims about properties of food not in Schedule 1 (1) A nutrition content claim about a property of food that is not mentioned in Schedule 1 may only state – (a) that the food contains or does not contain the property of food, or (b) that the food contains a specified amount of the property of food in a specified amount of that food, or (c) a combination of (a) and (b). (2) A statement made for the purposes of paragraph (1)(a) must not use a descriptor listed in Column 3 of Schedule 1 or any other descriptor except a descriptor that indicates that the food does not contain the property of food. 13 Nutrition content claims about choline, fluoride or folic acid (1) A nutrition content claim about choline, fluoride or folic acid may only state – (a) that the food contains choline, fluoride or folic acid, or (b) that the food contains a specified amount of choline, fluoride or folic acid in a specified amount of that food, or (c) a combination of (a) and (b). (2) A statement made for the purposes of paragraph (1)(a) must not use a descriptor listed in Column 3 of Schedule 1 or any other descriptor. (3) A nutrition content claim about choline, fluoride or folic acid may be made only if a health claim about that substance is made in relation to the same food. 14 Nutrition content claims must not imply slimming effects A nutrition content claim that meets the conditions to use the descriptor diet must not use another descriptor that directly or indirectly refers to slimming or a synonym for slimming. 15 Comparative claims (1) In this clause, a comparative claim means a nutrition content claim that directly or indirectly compares the nutrition content of one food or brand of food with another, and includes claims using the following descriptors – (a) light or lite; (b) increased; (c) reduced; or words of similar import. (2) A nutrition content claim using the descriptor diet is a comparative claim if it meets the conditions for making that claim by having at least 40% less energy than the same quantity of reference food. (3) A comparative claim about a food (the claimed food) must include together with the claim – (a) the identity of the reference food; and (b) the difference between the amount of the property of food in the claimed food and the reference food. Federal Register of Legislative Instruments F2013L00054 9 Division 2 – Health claims 16 Application or proposal to vary Schedule 3 taken to be a high level health claims variation An application or a proposal to add a general level health claim to Schedule 3 is taken to be an application or proposal for a high level health claims variation. Editorial Note: High level health claims variation is defined in section 4 of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). The effect of this provision is that an application or a proposal to add a general level health claim to Schedule 3 will be assessed under the provisions in Subdivision G of each of Divisions 1 and 2 of Part 3 of the FSANZ Act, as appropriate. 17 Conditions for making health claims (1) A health claim must not be made unless it complies with subclause (2) and either subclause (3) or (4), whichever applies. (2) The food to which the health claim relates meets the NPSC. (3) If the health claim is a high level health claim – (a) the food or the property of food is mentioned in Column 1 of Schedule 2; and (b) the health effect claimed for that food or property of food is mentioned in the corresponding row in Column 2 of Schedule 2; and (c) the food complies with the relevant conditions in Column 5 of Schedule 2. (4) If the health claim is a general level health claim, either – (a) each of the following – (i) the food or the property of food is mentioned in Column 1 of Schedule 3; (ii) the health effect claimed for that food or property of food is mentioned in the corresponding row in Column 2 of Schedule 3; and (iii) the food complies with the relevant conditions in Column 5 of Schedule 3; or (b) the person who is responsible for making the health claim has notified the Chief Executive Officer of the Authority of the details of a relationship between a food or property of food and a health effect that has been established by a process of systematic review that is described in Schedule 6. (5) Despite subclause (2) a food that is standardised in Part 2.9 of this Code does not need to meet the NPSC. 18 Requirement when making a general level health claim under paragraph 17(4)(b) A person who gives the notice mentioned in paragraph 17(4)(b) is required to – (a) provide the name of the person that is giving the notice and the address in Australia or New Zealand of that person; and (b) consent to the publication by the Authority of the information given for the purposes of paragraph 17(4)(b) and subparagraph 18(1)(a); and (c) certify that the notified relationship between a food or property of food and a health effect has been established by a process of systematic review that is described in Schedule 6; and Federal Register of Legislative Instruments F2013L00054 10 (d) if requested by a relevant authority, provide records to the relevant authority that demonstrate that – (i) the systematic review was conducted in accordance with the process of systematic review described in Schedule 6; and (ii) the notified relationship is a reasonable conclusion of the systematic review. (2) A certificate provided for a body corporate must be signed by a senior officer of the body corporate. 19 How health claims are to be made (1) If a health claim is a high level health claim based on a relationship described in Schedule 2 or a general