Required Report - public distribution

**Date:** 7/27/2005

**GAIN Report Number:** NZ5011

NZ5011

**New Zealand**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2005**

**Approved by:**

![](media/image1.wmf)David Rosenbloom

U.S. Embassy

**Prepared by:**

Vinita Sharma

**Report Highlights:**

This report outlines regulatory requirements for food and agricultural
imports into New Zealand, including labeling, packaging, food additives,
and other import procedures.

All sections of this report have been reviewed and updated to reflect
new or updated laws and regulations.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Wellington \[NZ1\]

\[NZ\]

**NEW ZEALAND FOOD IMPORT REGULATIONS AND STANDARDS**

**DISCLAIMER: This report was prepared by the Office of Agricultural
Affairs of the USDA/Foreign Agricultural Service in Wellington, New
Zealand for U.S. exporters of domestic food and agricultural products.
While every possible care was taken in the preparation of this report,
information provided may not be completely accurate either because
policies have changed since its preparation, or because clear and
consistent information about these policies was not available. It is
highly recommended that U.S. exporters verify the full set of import
requirements with their foreign customers, who are normally best
equipped to research such matters with local authorities, before any
goods are shipped. FINAL IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO
THE IMPORTING COUNTRY\'S RULES AND REGULATIONS AS INTERPRETED BY BORDER
OFFICIALS AT THE TIME OF PRODUCT ENTRY.**

**Please contact this office if you have any comments, corrections or
suggestions about the material contained in this report:**

**Office of the Agricultural Attaché**

####### Foreign Agricultural Service, U.S. Embassy

**29 Fitzherbert Terrace**

**Thorndon, Wellington, New Zealand**

**Phone: +64-4-462-6030; Fax: +64-4-462-6030; Email:
<agwellington@fas.usda.gov>**

Table of Contents

[INTRODUCTION 3](#introduction)

[SECTION I: FOOD LAWS 4](#section-i-food-laws)

[Food Standards Australia New Zealand (FSANZ)
4](#food-standards-australia-new-zealand-fsanz)

[New Zealand Food Safety Authority (NZFSA)
4](#new-zealand-food-safety-authority-nzfsa)

[Changing the Joint Code 5](#changing-the-joint-code)

[Accessing the New Zealand Market 6](#accessing-the-new-zealand-market)

[SECTION II: LABELING REQUIREMENTS
11](#section-ii-labeling-requirements)

[General Labeling Standard 11](#general-labeling-standard)

[Labeling of Food Produced Using Gene Technology (Standard 1.5.2)
19](#labeling-of-food-produced-using-gene-technology-standard-1.5.2)

[SECTION III: PACKAGING AND CONTAINER REQUIREMENTS
20](#section-iii-packaging-and-container-requirements)

[SECTION IV: FOOD ADDITIVE REGULATIONS (Standard 1.3.1)
22](#section-iv-food-additive-regulations-standard-1.3.1)

[SECTION V: PESTICIDE AND OTHER CONTAMINANTS
23](#pesticide-and-other-contaminants)

[SECTION VI: OTHER REGULATIONS AND REQUIREMENTS
24](#section-vi-other-regulations-and-requirements)

[BSE-Related Import Requirements for U.S. Beef
24](#bse-related-import-requirements-for-u.s.-beef)

[Import Health Permit for High Risk Food Products
24](#import-health-permit-for-high-risk-food-products)

[Certification Arrangements 25](#certification-arrangements)

[Product Samples 25](#product-samples)

[SECTION VII: OTHER SPECIFIC STANDARDS
25](#section-vii-other-specific-standards)

[Specific Commodity Standards 25](#specific-commodity-standards)

[Representations About Food 25](#representations-about-food)

[Dietary Supplements Regulations 1985
28](#dietary-supplements-regulations-1985)

[Foods Requiring Pre-Market Clearance
29](#foods-requiring-pre-market-clearance)

[SECTION VIII: COPYRIGHT/TRADEMARK LAWS
31](#section-viii-copyrighttrademark-laws)

[SECTION IX: IMPORT PROCEDURE 32](#section-ix-import-procedure)

[APPENDIX I: GOVERNMENT REGULATORY AGENCY CONTACTS
34](#appendix-i-government-regulatory-agency-contacts)

[SPS & TBT Contacts 35](#sps-tbt-contacts)

[APPENDIX II: OTHER IMPORTANT SPECIALIST CONTACTS
36](#appendix-ii-other-important-specialist-contacts)

#  

# INTRODUCTION

The New Zealand Food Safety Authority (NZFSA) was established in July
2002 and has responsibility for the administration of all New Zealand
Food laws related to food safety standards, import requirements, export
assurances (certification) and food labeling and composition. Labeling
and composition standards are developed for both Australia and New
Zealand by a trans-Tasman agency, Food Standards Australia New Zealand
([FSANZ](http://www.foodstandards.govt.nz/)). FSANZ has the
responsibility for the development, variation, and review of food
standards (primarily labeling and composition) for food available in New
Zealand and Australia. The major areas not covered by the joint
Australia New Zealand standards are:

-   Maximum residue limits of agricultural compounds in food

-   Food hygiene and food safety provisions (including high risk
    imported foods)

-   Export requirements relating to third country trade

-   Dietary supplements

-   Country of origin labeling

-   Processing requirements.

FSANZ is based on a partnership between the New Zealand and Australian
governments. In December 1995, both governments signed an agreement that
established a system for the development of Joint Food Standards (the
\"Food Standards Treaty\"). The Food Standards Treaty led to the
establishment of the joint food standards setting system.

All food products imported into New Zealand must meet food safety,
labeling and compositional requirements addressed under the Joint Food
Code, the Food Act of 1981, Food (Safety) Regulations 2002, various New
Zealand Food Standards, and the Fair Trading Act 1986. In addition, food
imports must also meet customs and biosecurity requirements. For more
information on New Zealand's food regulations see: [New Zealand Safety
Authority\'s Food Regulation
link](http://www.nzfsa.govt.nz/labelling-composition/publications/regulation-of-food-in-nz/index.htm).
Information on various sectors of the New Zealand market is available
from [FAS Attaché
Reports](http://www.fas.usda.gov/scriptsw/attacherep/default.asp) :

-   Retail Sector Report

-   Hotel, Restaurant & Institutional Sector Report (HRI)

-   Exporter Guide

Agricultural exports from the United States to New Zealand in 2004
totaled US\$118 million, of which two-thirds consisted of
consumer-oriented products. U.S. exports to New Zealand emphasize fresh
fruit, processed fruit & vegetables, pet food, snack foods and dairy
products.

[Following the December 2003, BSE (Bovine Spongiform Encephalopathy
detection in the United States,]{.mark} U.S. beef and beef variety meats
were restricted from entering New Zealand. Import restrictions also were
imposed on live cattle, certain pet food, and U.S. processed food
products containing beef. The New Zealand Food Safety Authority (NZFSA)
recently completed an assessment of the U.S. BSE regime and determined
that U.S. safeguards were equivalent to those provided by New Zealand's
BSE measures. Following certification agreement, NZFSA will remove its
case-by-case assessment requirement for U.S. bovine products. A country
review by the Ministry of Agriculture and Forestry (MAF) is underway
which may result in a resumption of live cattle trade.

[]{.mark}

[]{.mark}

# SECTION I: FOOD LAWS

## Food Standards Australia New Zealand (FSANZ)

[FSANZ](http://www.foodstandards.govt.nz/) is based on a partnership
between the New Zealand and Australian governments, and is responsible
for developing, varying, and reviewing food standards for food available
in New Zealand and Australia.

In December 1995, the Australian and New Zealand governments signed an
agreement that established a system for the development of Joint Food
Standards (the \"Food Standards Treaty\"). The Food Standards Treaty
established the joint food standards setting system, which was brought
into force in New Zealand on July 1, 1996. The joint system's underlying
aims are to consider the needs of both New Zealand and Australia, to
protect the public health of both countries, and reduce unnecessary
barriers to trade. The outcome of the Food Standards Treaty is a joint
Australia New Zealand Food Standards Code (Joint Food Code or joint
Code). The code originally based on a review, undertaken by FSANZ, of
the Australian Food Standards Code and the New Zealand Food Regulations
continues to develop in line with changing requirements of consumers,
industry, and developments in government policy and scientific
knowledge. The agreement does not cover some areas, such as maximum
residue limits, food hygiene provisions and export requirements relating
to third country trade.

The code contains provisions that allow New Zealand to opt out of a
joint standard for exceptional reasons relating to health, safety,
environmental concerns or cultural issues. In such cases, FSANZ may be
asked to prepare a variation to a standard to apply only in New Zealand.
As such, the joint Code applies only to food labeling and compositional
requirements. All food for sale in New Zealand shall, therefore, not
only comply with the Joint Food Code, but also the Food Act 1981, the
Food (Safety) Regulations 2002, additives contaminants, microbiological
safety and certain product standards, and the Fair Trading Act 1986.

FSANZ seeks to ensure that its processes and decisions are consistent
with its legislation, the Treaty with New Zealand, the policies listed
above and other international obligations, in particular World Trade
Organization Agreements, including the Sanitary and Phyto-Sanitary (SPS)
Agreement and the Technical Barriers to Trade (TBT) Agreement.

## New Zealand Food Safety Authority (NZFSA)

The New Zealand Food Safety Authority was established in New Zealand in
July 2002 and has responsibility for the administration of all New
Zealand's Food Law including food safety standards setting, import
requirements, export assurances (certification) and food labeling and
composition. New Zealand Food law can be found at
<http://www.nzfsa.govt.nz/labelling-composition/publications/regulation-of-food-in-nz/index.htm>

Food labeling and composition standards are developed for both,
Australia and New Zealand by a trans Tasman agency, Food Standards
Australia New Zealand ([FSANZ](http://www.foodstandards.govt.nz/)).
FSANZ has the responsibility for the development, variation, and review
of food standards (primarily labeling and composition) for food
available in New Zealand and Australia. In addition for Australia ONLY,
FSANZ sets food safety standards. The major areas not covered by the
joint Australia New Zealand standards are:

-   Maximum residue limits of agricultural compounds in food

-   Food hygiene and food safety provisions (including high risk
    imported foods)

-   Export requirements relating to third country trade

-   Dietary supplements

-   Country of origin labeling

The [Joint Food
Code](http://www.foodstandards.gov.au/foodstandardscode/) took full
effect in New Zealand on December 20, 2002. Its implementation is the
responsibility of [NZFSA](http://www.nzfsa.govt.nz/), which is also
responsible for those regulations not covered by the joint Code and
provisions in the joint Code that do not apply in New Zealand and that
are addressed by specific New Zealand standards. The sections of the
joint Code [excluded]{.underline} from applying in New Zealand are:

1\. Standard 1.1A.3 Country of origin labeling (see Clause 1.2)

2\. Standard 2.1.1 thiamine in bread (see Clause 4.1)

3\. Standard 2.4.2 2(3) vitamin D in margarine (see Clause 2.2)

4\. Standard 1.4.2 Maximum Residue Limits

5\. Standard 1.6.2 Processing Requirements

6\. Chapter 3 Food Safety Requirements.

Although 1, 2 and 3 are not applicable in New Zealand, 4, 5 and 6 are
covered by specific New Zealand standards. These standards have been
established under the Food (Safety) Regulations 2002:

1.  High-risk food imports. Evidence must be provided that associated
    risks have been controlled, prior to the product being sold.
    Prescribed products are listed in the [New Zealand (Prescribed
    Foods) Standards
    2002](http://www.nzfsa.govt.nz/policy-law/legislation/food-standards/).

2.  Residues in food products imported into New Zealand must meet either
    Codex Maximum Residue Limits or New Zealand's domestic MRL standard
    ([New Zealand (Maximum Residue Limits of Agricultural Compounds)
    Food Standards
    2002](http://www.nzfsa.govt.nz/policy-law/legislation/food-standards/)),
    which includes a default standard. Although New Zealand has a
    well-developed policy regarding MRLs for domestically produced food
    products, MRL policies related to imported food products are
    currently in the early stages of a review process by the government
    of New Zealand to provide additional clarity.

3.  Imported milk and milk products must comply with the [New Zealand
    (Milk and Milk Products Processing) Food Standards
    2002](http://www.nzfsa.govt.nz/policy-law/legislation/food-standards/).

4.  Imports of products containing royal jelly, bee pollen and propolis
    as dietary supplements, must comply with the [New Zealand (Bee
    Product Warning Statements - Dietary Supplements) Food Standards
    2002](http://www.nzfsa.govt.nz/policy-law/legislation/food-standards/).

The following regulations also apply, although they are not under the
administration of NZFSA:

1.  Animal and animal product and plant and plant product [import health
    standards](http://www.maf.govt.nz/biosecurity/imports/index.htm).

2.  Weights and Measures Amendment Regulations 2002. These regulations
    generally require every package of food to be marked with a
    statement of quality in the form of the net weight or volume or
    number of contents in the package, whichever is the most appropriate
    for the sale of the item concerned.

## Changing the Joint Code

Food manufacturers seeking to introduce a new food, make a food using a
new process or use a new additive can make an application to FSANZ to
change a current standard or develop a new food standard or code of
practice. Alternatively, a food manufacturer can initiate the
development or review of a standard by raising a proposal. Both
approaches follow the same procedure:

![](media/image2.png){width="3.4930555555555554in"
height="4.0159722222222225in"}

Food manufacturers who wish to apply for the development of a new
standard or variation of an existing standard can find information
relating to the process at:

<http://www.foodstandards.gov.au/standardsdevelopment/informationforapplic559.cfm>

Alternatively, manufacturers can communicate directly with the
'Standards Management Officer' at:

Food Standards Australia New Zealand

Food Standards (Wellington)

Level 4, 108 The Terrace

Wellington

New Zealand

Tel: +64-4-473-3342

Fax: +64-4-473-9855

URL: [www.nzfsa.govt.nz](http://www.nzfsa.govt.nz/)

## Accessing the New Zealand Market

All foods sold in New Zealand must comply with laws designed to protect
public health and safety and New Zealand\'s flora and fauna. The
following information addresses public health and biosecurity
requirements for foods exported to New Zealand. The Ministry of
Agriculture and Forestry Quarantine Services (MAF QS) ensures compliance
with biosecurity legislation, while the [New Zealand Food Safety
Authority](http://www.nzfsa.govt.nz/) (NZFSA) enforces compliance with
food safety and health.

In the first instance, food imports must be declared to the New Zealand
Customs Service using the [\"New Zealand Customs Service Working Tariff
Document\"](http://www.customs.govt.nz/library/working+tariff+of+new+zealand/default.asp).
The structure of the New Zealand Tariff Schedule meets New Zealand's
obligations under the international Convention on the Harmonized
Commodity Description and Coding System (commonly known as the
Harmonized System).

Clearance of commercial consignments can be arranged by the
owner/importer or an appointed Customs Broker (agent). The New Zealand
Customs Service provides an [electronic import entry
service](http://www.customsentry.govt.nz/index1.html) that is available
on applications to users. If that service is not used, importers must
complete an import entry in [Customs Entry Format
C4](http://www.customs.govt.nz/library/form/c+forms/c4.asp).

### Food Safety Requirements

U.S. food exporters should not assume that because their products are
accepted in other markets such as the European Union, that they will be
automatically accepted in New Zealand. Food safety requirements may
differ and in particular biosecurity regulations are likely to be
stricter in New Zealand.

The New Zealand Customs Service operates electronic compliance checks
via a computerized entry processing system. Electronic compliance checks
will be undertaken for approvals issued by MAF, the NZFSA, and other
third party agencies. Once the New Zealand Customs Service receives an
import declaration, the system will identify and alert the appropriate
third party agency to 'critical' food products arriving in New Zealand.

Various high-risk prescribed food products require a health permit from
the [Auckland District Health Board Central Clearing
House](http://www.arphs.govt.nz/Services/ImportedFood/ImportedProducts.asp)
(Central Clearing House). Foods not listed in the prescribed foods list
are categorized as low risk foods. These do not require a health permit,
however, they are expected to comply with all requirements in the joint
Code as well as biosecurity legislation. U.S. exporters are reminded
that the food products listed in the Prescribed Food Standards 2002
differ from those that pose a biosecurity threat to New Zealand (see
section Biosecurity below). For prescribed foods the Central Clearing
House issues a health permit number that must be entered in the permit
information field of the customs import entry form. Two types of permits
are issued by the clearing house: a) a conditional release permit, and
b) a full release permit. The conditional release permit is issued when
a product must be held for further testing. This type of permit allows
authorities to (i) verify an existing compliance history by the food
importer or (ii) establish a compliance history. A full release permit
is usually issued when an importer has an established verified
compliance history. Compliance histories are established for each
importer-food manufacturer-commodity combination. A change to a new
supplier or a new product requires the importer to establish a new
compliance history.

NZFSA also issues [multiple clearance
permits](http://www.arphs.govt.nz/Services/ImportedFood/ImportedProducts.asp)
where a foreign country agency is approved by the NZFSA to undertake
certification of certain food products, e.g. pistachios from California
are certified by the California Pistachio Board. If no prior history
exists, the Central Clearing House issues single entry permits. Each of
the first five consignments is then audited to establish whether
chemical and microbiological parameters in the joint Code are met. After
the fifth consignment, and only if all previous five consignments
complied with the parameters, every one of five consignments will be
randomly checked. Once a compliance history is established, the importer
will be certified but 1 in every 20 of the importer's consignments will
be checked randomly. If an imported food product is found to be
non-compliant during a random check, the importer will have to start
over and every consignment will be inspected.

A food product for which no health permit was obtained before the
product arrives in New Zealand will not be released by the New Zealand
Customs Service until a health permit is issued by the Central Clearing
House. The importer will be informed by the NZFSA that a health permit
is required. Once the health permit is issued, testing of the food
product may be undertaken depending on the importer's compliance
history, unless a full release permit is issued.

A food product that is being held by the New Zealand Customs Service
while a health permit is being issued can be transferred at the
importer\'s request and cost to another location for transit storage
until testing by one of Auckland Health Care\'s 21 field offices
proceeds.

In general, testing is currently around checking for toxins and
microbiological agents. Food products tested and found to be
non-compliant must be disposed of at the importer\'s cost. Options may
include further processing into pet food or re-exporting to a third
country. Compliance audits of labeling and composition requirements
under the joint Code are currently not undertaken. The NZFSA
anticipates, however, that compliance checking of most aspects of the
joint Code will be in place during 2004. New Zealand is currently
reviewing its imported foods program and recommendations from this
review are likely to be the subject of government consideration during
2005. A border surveillance program, such as the one currently operated
in Australia, may well to implemented during 2005 as part of that
consideration by government.

### Biosecurity Requirements

All food products entering New Zealand require Ministry of Agriculture
and Forestry (MAF) biosecurity clearance for import. Generally only
products for which an Import Health Standard (IHS) has been issued are
qualified to obtain biosecurity clearance. IHSs documents are issued
under Section 22(1) of the Biosecurity Act 1993 that outlines the
phytosanitary requirements for the import of food products. These
requirements are established on the basis of risk analyses. Processed
food products generally are not high biosecurity risk items. Therefore,
biosecurity requirements for processed food products will usually not be
as stringent as those imposed on unprocessed animal and plant products.
MAF is moving towards developing IHSs for all commodities on a
commodity/country basis. However, some products are currently still
listed under a generic product group IHS.

New Zealand is generally viewed as being aligned with the requirements
of the FAO International Plant Protection Convention and the WTO
Agreement on the Application of Sanitary and Phytosanitary Measures.
Phytosanitary measures should consequently only be developed for
regulated pests. The strength of New Zealand's phytosanitary measures
depends on the likelihood and consequences of the regulated pest being
introduced into New Zealand. Higher biosecurity risk food imports may
require an import permit under the corresponding IHS, and border
inspections are likely to occur more frequently.

U.S. food manufacturers seeking to export to New Zealand should
ascertain whether an IHS exists for the commodity and whether an import
permit is required. If there is no existing IHS for a commodity, it
cannot be imported into New Zealand. However, MAF should be contacted
directly in the first instance. If MAF indicates that a commodity cannot
be imported, a request for the development of an IHS can be lodged. Food
manufacturers should note that all IHSs developed under the Biosecurity
Act 1993 are required to be based on risk analyses, on which there is a
statutory requirement for consultation. If no current supporting
documentation or risk analysis exists for a commodity, a risk analysis
needs top be conducted before the IHS can be drafted. This can be a
lengthy process. Critical steps in the development of an IHS include:
(a) establishment and categorization of a pest list, (b) draft of an IHS
schedule and consultation on the draft, and (c) implementation of the
IHS schedule.

Applications for [Import Health Standards for Animals or Animal
Products](http://www.maf.govt.nz/biosecurity/imports/animals/index.htm)
can be made on the Internet. Applications for [IHSs for plants and plant
products](http://www.maf.govt.nz/biosecurity/imports/plants/index.htm)
must be made directly to MAF (Appendix I).

MAF can enter into pre-clearance arrangements with foreign suppliers.
For example table grapes from California can be pre-cleared by New
Zealand MAF inspectors at a U.S. port. Such arrangements can expedite
clearance of perishable products that cannot afford to be held up at the
New Zealand port. Any costs MAF is incurring are passed on to the party
requiring pre-clearance.

### Importation of plants and plant products into New Zealand

Plants and plant products are grouped into commodity classes. Among
others, these include fresh fruit and vegetables and grain for
processing. Organisms that could be associated with plants or plant
products imported into New Zealand are placed in one of two quarantine
categories: regulated and non-regulated pests. The [Unwanted Organisms
Register](http://www.maf.govt.nz/biosecurity/pests-diseases/registers-lists/index.htm)
(UOR) lists the names of regulated organisms.

Phytosanitary requirements for all fresh fruit and vegetables, approved
for importation into New Zealand, have been summarized in the document:
[Importation and Clearance of fresh fruit and vegetables into New
Zealand](http://www.maf.govt.nz/biosecurity/imports/plants/fresh-fruit-vegetables.htm).
Food manufacturers can also view a list of IHSs currently being
developed or under review.

### Importation of animal products and animals into New Zealand

U.S. exporters seeking to export animal products (and animals) into New
Zealand need to check whether a current IHS exists for the commodity
concerned. If no IHS exists food manufacturers should in the first
instance seek clarification from MAF whether an animal product (or
animal) is prohibited from import into New Zealand.

See [Animal and Animal Product Import Health
Standards](http://www.maf.govt.nz/biosecurity/imports/animals/standards/index.htm)
for a current list. The database is, however, not complete and wherever
food exporters have difficulties locating the appropriate IHS they
should contact MAF directly (Appendix I).

### 

### Biosecurity clearance procedure

Imported goods may only be landed at ports, which are designated as
ports of first arrival under the Biosecurity Act 1993. Some imported
goods are restricted to specified ports only. Upon arrival in New
Zealand, an electronic compliance check (by New Zealand Customs Service)
will notify MAF of critical product tariff codes. If the product is
associated with a high biosecurity risk level as specified in the IHS,
MAF will proceed to inspect the consignment. Generally, all fresh fruit
and vegetables produce imports will be inspected. If a non-compliance
according to the relevant IHS is determined MAF Quarantine Service will:

-   Give biosecurity direction to re-ship or decontaminate or destruct
    the consignment;

-   Supervise the transport to an approved transitional facility;

-   Supervise decontamination;

-   Re-inspect; and

-   Give biosecurity clearance;

-   Indicate specific requirements for plant or animal clearance.

Physical inspection of goods will in general be carried out (a) if it is
a requirement of the IHS or the Permit to Import, (b) where there is a
possibility because of the nature or origin of the product, that may be
infested or contaminated, (c) if there is doubt that the material is
correctly described (verbally or written) by the importer or agent, or
(d) the product/item described by the importer is unknown to the
inspector. When an inspection is required, imported risk goods will be
inspected or directed into an approved transitional facility and held
there until they can be inspected. In cases in which the import health
standard provides for inspection of only a sample of the goods presented
(e.g. air or sea containers, fresh produce, animal products, etc.), MAF
Quarantine Service will follow the sampling specification provided in
the IHS and act accordingly with regards to the whole consignment.

Import documentation (including certificates) for risk goods are also
inspected on arrival by a MAF inspector to ensure compliance with the
import health standard. All the required certificates must be original,
correct and presented to the inspector before a biosecurity
directive/clearance is issued. Unless permitted by an import health
standard, facsimile certification shall not be accepted unless original
documents have been delayed or lost. Where a Permit to Import has been
issued the original Permit to Import must be presented to an inspector
by the importer. Where the permit to import specifies post entry
requirements for inspectors or other employees of MAF to undertake or
supervise, a written notice shall be issued which stipulates those
conditions.

If a risk food product is found to be non-compliant with respect to the
relevant import health standard biosecurity clearance will not be given
and the goods will be seized and remain in or be taken to a place of
secure custody. The goods will be classified (within process procedures)
into the following categories and acted on accordingly:

-   Minor technical non-compliances (e.g. typographical errors) are to
    be dealt with by the supplier.

-   Other technical non-compliances where technical input is required
    (e.g. a treatment substitution on a Phytosanitary Certificate).
    These may be dealt with by the supplier if the supplier is satisfied
    that the appropriate expertise exists within the organization. If it
    is not, then advice may be sought from MAF\'s Import Management
    Section.

-   For policy non-compliances (e.g. no standard exists for the
    product), in addition to the importer\'s option of reshipment or
    destruction, the supplier may give the importer the option of having
    a risk assessment undertaken by a MAF approved agency. If this last
    option (i.e. risk assessment) is taken up then the importer will be
    referred to the Permits Officer of Import Management section.

The importer will be advised of any seizure and the reason for it. The
importer may then attempt to obtain
certification/treatment/clarification that will allow the goods to
comply with the import health standard. If the goods comply with the
relevant IHS after addressing all issues the MAF QS inspector will issue
a biosecurity clearance for the goods.

### Inspection of grain for processing

Grain that meets all the conditions of the relevant [import health
standard](http://www.maf.govt.nz/biosecurity/imports/plants/seeds-processing-consumption.htm)
need only be sampled to the extent necessary to be assured that the seed
is true to label. That is, it is a truth of labeling test and not a
phytosanitary inspection. Where such a test indicates that the product
is not true to label, the consignment shall be held. Seed meeting all
the conditions of the relevant import health standard shall be
inspected/sampled for pests/disease/analysis.

### Trout and trout products

Trout and trout products require approval from the Department of
Conservation unless consignments weigh less than 10 kilograms or are not
intended for sale. Import of toothfish is prohibited unless it is
covered by a completed catch document issued by a party to the CCAMLR
Convention.

### CITES agreement - convention on international trade in endangered species

The importation of plants and plant products of some plant species is
regulated under the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), of which New Zealand is a
signatory. Regulated plant species, where appropriate, must be
accompanied by a valid CITES export permit issued by the appropriate
Management Authority in the country of export. Additional information
can be obtained at [www.CITES.org](http://www.CITES.org/)

A CITES import permit, issued by the Department of Conservation, may
also be required by New Zealand legislation for specimens of selected
species. Importers are advised to contact the Department of Conservation
[www.doc.govt.nz](http://www.doc.govt.nz/) for further information.

# SECTION II: LABELING REQUIREMENTS

The joint (Australia New Zealand Food Standards) Code is subject to
on-going amendments.

Food manufacturers seeking to export to New Zealand should always
consult the most up-to-date version of the [joint
code](http://www.foodstandards.gov.au/foodstandardscode/index.cfm#_FSCchapter1)
for definitive information on current food labeling and composition
requirements. In general, the composition and labeling standards from
the joint Code are the only standards applying to New Zealand. These are
covered in subsequent sections in this report.

**Important Note**

**For many sections of the joint Code FSANZ has developed [Users
Guides](http://www.foodstandards.gov.au/assistanceforindustry/userguides/index.cfm)
to assist with interpretation of the standards and provide examples.
These guides will be more up to date than the information in this
report. Where a users guide is available, a hyperlink has been provided.
The guides, unlike the standard itself, are not legally binding.
However, we suggest that U.S. exporters seek independent legal advice if
there are any doubts over the correct interpretation of the standards.**

Chapter 1 of the joint Code covers the general standards that apply to
all foods.

Chapter 2 contains standards for a number of specific commodity groups.
These are:

• Part 2.1 - Cereals

• Part 2.2 - Meat, eggs & fish

• Part 2.3 - Fruit & vegetables

• Part 2.4 - Edible oils

• Part 2.5 - Dairy products

• Part 2.6 - Non-alcoholic beverages

• Part 2.7 - Alcoholic beverages

• Part 2.8 - Sugars & honey

• Part 2.9 - Special purpose foods

• Part 2.10 - Standards for other foods (vinegars & salt)

Chapter 3 relates to food safety standards, which are covered separately
under various other New Zealand laws including the Food Act.

## 

## General Labeling Standard

There is a [Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/overviewoffoodlabell1267.cfm)
that provides background information on the general labeling
requirements in the Code. The information in the guide applies both to
Food for Retail Sale and to Food for Catering Purposes.

[Part
1.2.1](http://www.foodstandards.gov.au/_srcfiles/Standard_1_2_1_Application of Info Requirements_v67.doc)
of the joint Code sets out the Application of Labeling and Other
Information Requirements, and labeling and information requirements
specific to certain foods in Chapter 2 of the joint Code. This Part sets
out the labeling requirements for food for sale and information that
must be provided in conjunction with the sale of certain foods, where
labeling is not required. Food Product Standards in Chapter 2 may impose
additional labeling and information requirements for specific classes of
food.

Unless specifically exempted, the label on a package of food for retail
sale or for catering purposes must include all of the following core
information:

-   [Warning and Advisory
    Declarations](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/warningandadvisoryde1403.cfm)

-   [Ingredient
    Labeling](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/ingredientlabelling.cfm)

-   [Date
    Marking](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/datemarking.cfm)

-   [Nutrition Information
    Requirements](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/nutritioninformation1406.cfm)

-   [Legibility Requirements for Food
    Labels](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/legibilityrequiremen1401.cfm)

-   [Percentage
    Labeling](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/percentagelabelling.cfm)

-   [Food
    Additives](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/foodadditives.cfm)

-   [Representations about
    Food](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/representationsabout1627.cfm)

-   [Information Requirements for Foods Exempt from Bearing a
    Label](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/foodsexemptfrombeari1402.cfm)

-   [Labeling Genetically Modified
    Food](http://www.foodstandards.gov.au/assistanceforindustry/userguides/assistanceforindustry/userguides/labellinggeneticallymodifiedfooduserguide/index.cfm)

Where for reasons of public health and safety, consumers should be
informed of specific use or storage instructions, the label on a package
of food for retail sale must include directions for use and storage.

[The Name of the Food]{.underline} ([Standard
1.2.2](http://www.foodstandards.gov.au/_srcfiles/Standard122_Food_Identif_v63.pdf))

The label on a package of food must include:

-   The prescribed name of the food, where the name of a food is
    declared in this Code to be a prescribed name; and

-   In any other case, a name or a description of the food sufficient to
    indicate the true nature of the food.

The name or description of the food should be sufficiently specific to
differentiate the food from other foods and reflect its true nature.

There is no specific requirement for where this information should
appear on a label.

In accordance with food law and fair trading law, suppliers must not
represent foods in a false, misleading or deceptive manner.

[Lot Identification]{.underline} (Standard 1.2.2)

The label on a package of food must include its lot identification,
unless the food is:

-   An individual portion of ice cream or ice confection; or

-   In small packages, and the bulk packages and the bulk container in
    which the food is stored or displayed for sale includes lot
    identification.

Lot marking is required on packaged food to assist in the rare event of
a food recall. A lot mark identifies the 'lot' a food comes from as well
as the premises from where the food was packed or prepared.

A date mark and address details can help satisfy the requirements of a
lot mark.

[Name and Address]{.underline} (Standard 1.2.2)

The label on a package of food must include the name and business
address in Australia, of the supplier of the food. The term 'supplier'
includes the packer, manufacturer, the vendor or importer of the food.
Business address means a description of the location of the premises
from which the business in question is being operated, but does not
include a postal address.

[Mandatory Warning & Advisory Statements]{.underline} ([Standard
1.2.3](http://www.foodstandards.gov.au/_srcfiles/ACFA91C.pdf))

As this standard is may change with time, exporters are advised to
download the standard for up-to-date requirements. No product details
are provided in this guide.

[Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/warningandadvisoryde1403.cfm)
to Standard 1.2.3

For reasons of health and safety, the joint Code requires that certain
information be provided on labels. This information may be in the form
of a prescribed statement (which includes warning statements), an
advisory statement or a specific declaration depending on the degree of
risk to health and safety of consumers.

A. Labeling requirements for food produced using gene technology

Mandatory warning statements and declarations are required on foods
where the risk to health is life threatening. For some foods/food
components that have the potential to cause severe adverse reactions or
adverse health effect, a warning statement about their presence and
effect is required. Warning statements are required where the reaction
is not widely known by consumers. Warning statements are prescribed
statements required on labels and contain specific labeling statements
that must be expressed on a label in the exact words and in the format
specified in the standard. These statements must always be written on
the food label or, where foods are exempt from bearing a label, on the
food package or in connection with the display of the food.

Warning statements must be a minimum print size of 3 millimeters (mm)
and in the case of small packages, a minimum print size of 1.5 mm. A
small package is defined as a package with a surface area of less than
100 cm^2^.

Some foods produced using gene technology also require a prescribed
statement on the label that the food or ingredient is 'genetically
modified'. This information must also be displayed on or in connection
with the display of the food if it is sold unpackaged. Foods intended
for immediate consumption that are prepared and sold from food premises
and vending vehicles, e.g. restaurants, take away outlets, caterers or
self-catering institutions, are not required to be labeled with this
statement.

[Standard
1.5.2](http://www.foodstandards.gov.au/_srcfiles/Standard_1_5_2_GM_v70.pdf)
-- Food Produced Using Gene Technology defines 'genetically modified
food', 'novel DNA and/or novel protein' and 'altered characteristics'
and lists labeling requirements for food produced using gene technology.

B. Mandatory Advisory Statements

The joint Code requires mandatory advisory statements on labels of
certain foods or when certain substances are present in foods where
there is a potential risk to health which is not life threatening. The
specific wording of advisory statements is not prescribed.

C. Mandatory declarations of certain substances in food

Certain food ingredients or components, food additives and processing
aids generally do not require labeling, but labeling is required if they
have a function in the final food. Food allergies and food intolerances
are included in this category. The inclusion of a substance in the list
of ingredients would normally fulfill the declaration requirement. Where
the food is exempt from bearing a label, the declaration must be
displayed on or in connection with the food or provided verbally or in
writing upon the request of the consumer. Generally, certain substances
must be declared on labels when present in a food whenever they are used
as:

-   An ingredient in a food;

-   Part of a compound ingredient;

-   A food additive or component of a food additive; or

-   A processing aid or component of a processing aid

If any of the substances listed in the standard occur naturally in the
food they do not require declaration. This is because people who are
likely to suffer adverse reactions to any of these substances are
usually well aware of the foods in which they naturally occur. For
example, bee pollen in honey does not need to be declared, because it is
naturally present at very low levels in honey and does not fall under
the definition of 'ingredient' used in the manufacture of honey.

Any general exemption from the ingredient listing requirements of the
joint Code does not exempt these substances from declaration. If they
are added during manufacture of the food, they must be declared.
Manufacturers and retailers are free to choose the wording of these
mandatory declarations, as well as their size and placement on the
label. Listing the substances in the ingredient list would fulfill this
requirement.

Gluten - In addition to the mandatory declaration of the presence of the
cereal containing gluten in the ingredient listing of a product, the
following claims in relation to gluten are permitted: 'gluten free',
'low in gluten', 'high in gluten', or 'contains gluten'.

[Standard
1.2.8](http://www.foodstandards.gov.au/_srcfiles/Standard_1_2_8_Nutrition_Info_v72.pdf)
-- Nutrition Information Requirements sets out the criteria for claims
about gluten.

Wheat Starch - Any product that contains wheat starch must carry a
declaration advising the presence of wheat. An example of such a product
includes wheat-based corn flour. The declaration of wheat is required
even if a 'gluten free' claim is made.

D. Advisory Statement in Relation to Foods Containing Polyols or
Polydextrose

Foods containing polyols or polydextrose above certain levels must
include an advisory statement on the label where the food contains:

-   Lactitol, maltitol, maltitol syrup, xylitol, or mannitol at levels
    equal to or greater than 10g/100g

-   Sorbitol, erythritol, isomalt, polydextrose at levels equal to or
    greater than 25g/100g

-   A combination of any of the two groups above levels equal to or
    greater than 10g/100g

Foods not requiring a label according to the points above need to
contain an advisory statement to the effect that excess consumption of
the food may have a laxative effect. These must be a) displayed on or in
conjunction with the display of the food; or b) provided to the
purchaser upon request.

### Additional Mandatory Warning & Advisory Statements & Declarations 

In addition to the statements and declarations specified in Standard
1.2.3, there are other warning statements, prescribed statements and
advisory statements set out in the Code. Mandatory Warning Statements
are also required on:

-   Skim and non-fat milk, reduced-fat milk, evaporated skim milk,
    skimmed sweetened condensed milk and skim milk powder [(Standard
    2.5.7)](http://www.foodstandards.gov.au/_srcfiles/Standard_2_5_7_Dried_condensesd_v64.pdf)

-   Kava [(Standard
    2.6.3)](http://www.foodstandards.gov.au/_srcfiles/Standard_2_6_3_Kava_v72.pdf)

-   Infant foods [(Standard
    2.9.2)](http://www.foodstandards.gov.au/_srcfiles/Standard_2_9_2_Infant_Foods_v69.pdf)

-   Formulated supplementary sports foods [(Standard
    2.9.4)](http://www.foodstandards.gov.au/_srcfiles/Standard_2_9_4_Sports_Foods_v67.pdf)

The following foods do not usually need to bear a label setting out all
of the information prescribed in the joint Code (although they must
comply with certain information requirements):

-   Food not in a package;

-   Food in inner packages not designed for sale without the outer
    package, other than individual portion packs that must bear a label
    containing a declaration of certain substances in accordance with
    clause 4 of Standard 1.2.3 (e.g. gluten, peanuts etc);

-   Whole or cut fresh fruit and vegetables, except sprouting seeds or
    similar products, in packages that do not obscure the nature or
    quality of the fruit or vegetables;

-   Food sold at fund raising events.

Foods exempt from bearing a label are still required to comply with the
mandatory prescribed statements (including warning statements), advisory
statements and declarations described earlier in this guide. In cases
where mandatory warning statements and other prescribed statements are
required, the statement must always be provided either:

-   By a sign displayed on or in connection with the display of the
    food, or

-   Verbally or in writing upon the request of the purchaser

Individual portion packs, which are sold within fully labeled outer
packages, are still required

to declare the presence of substances in the food in accordance with
clause 4 of Standard 1.2.3 (e.g. gluten, peanuts etc). These
declarations must be written on the label of the individual portion pack
as well as on the outer package. For example, the labels on individually
wrapped muesli bars containing nuts which are sold in a fully labeled
outer box, will need to declare the presence of nuts on the individual
label, even though the individual bars are not intended for retail sale.

Specific guidance on information requirements for foods exempt from
bearing a label can be found in FSANZ\'s guideline: [Information
Requirements for Foods Exempt from Bearing a
Label.](http://www.foodstandards.gov.au/assistanceforindustry/userguides/foodsexemptfrombeari1402.cfm)

Labeling of Ingredients ([Standard
1.2.4](http://www.foodstandards.gov.au/_srcfiles/ACFA920.pdf))

[Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/ingredientlabelling.cfm)
to Standard 1.2.4

Unless specifically exempted, all packaged food must include a statement
or list of ingredients and compound ingredients used in the manufacture
of that food on the label. An ingredient means any substance, including
a food additive, used in the preparation, manufacture or handling of a
food. A compound ingredient means an ingredient of a food that is itself
made from two or more ingredients. The statement of the ingredients must
be prominent and legible. Ingredients must be listed in descending order
of ingoing weight, although exceptions apply for dehydrated ingredients.

Ingredients must be declared in a statement of ingredients as one of the
following:

-   The common name of the ingredient

-   A name that describes the true nature of the ingredient

-   Where applicable, a generic name for the ingredient

-   Where applicable, the genetic modification (GM) status of an
    ingredient must also be declared

The following ingredients need not be declared in a statement of
ingredients:

-   An ingredient of a flavoring

-   A volatile ingredient, such as alcohol or water, that is completely
    removed during manufacture

-   Added water (in certain cases)

-   Permitted processing aids.

The following packaged foods are exempt from having a list of
ingredients on the label:

-   Where the food is labeled with the name of the food, and the
    ingredient list would be the same as the name of the food, e.g. 100%
    orange juice.

-   Where the food is an alcoholic beverage standardized by Part 2.7 of
    the joint Code (including beer, wine, fruit wine and spirits)

-   Where the food is contained in a small package, e.g. a small package
    of chewing gum

-   Where the food is liquid milk or cream, or a liquid milk product or
    cream product, sold in glass bottles with no label other than that
    on the foil cap.

[Date Marking of Packaged Food]{.underline} ([Standard
1.2.5](http://www.foodstandards.gov.au/_srcfiles/Standard125_DateMarking_v63.pdf))

[Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/datemarking.cfm)
for Standard 1.2.5

The standard applies to packaged foods with a shelf life of less than
two years. The joint Code brings Australia and New Zealand into line
with international food standards, where the 'best-before' date is the
main date marking term used. The intention of date marking is to provide
a guide to consumers on the shelf life of a food in terms of food
quality. This means the length of time a food should keep before it
begins to deteriorate. In some circumstances, date marking may also
indicate how long a food can be expected to remain safe.

Standard 1.2.5 requires manufacturers to apply a 'best-before' date
unless the food needs to be consumed within a certain period because of
health or safety reasons. In such circumstances, the food must be
date-marked with a 'use-by' date. This enables consumers to distinguish
between products that need to be consumed by a certain time for health
or safety reasons (those with a 'use-by' date) and those that do not
(those with a 'best-before' date).

The manufacturer is responsible for determining whether a 'use-by' date
or a 'best-before' date should be used. To do this, manufacturers must
consider whether there are any health or safety issues associated with
the food in terms of its shelf life. Decision trees to help decide are
included in the Users Guide.

Foods that are date-marked with a 'best-before' date can continue to be
sold after that date provided the food is not damaged, deteriorated or
perished. Foods that are date-marked with a 'use-by' date are prohibited
from being sold after this date because the food may then pose a health
or safety risk.

Directions for Use and Storage ([Standard
1.2.6](http://www.foodstandards.gov.au/_srcfiles/Standard_1_2_6_Directions_v72.pdf))

No Users Guide is associated with Standard 1.2.6

This Standard requires either directions for use and/or directions for
storage of food, to be included on the label, where, for reasons of
health and safety, the consumer should be informed of specific use or
storage requirements. The label on a package of food must include
appropriate directions for the use or storage of the food, where the
food is of a nature as to warrant such directions for reasons of health
or safety.

This standard operates in addition to the Statement of Storage
Conditions of Standard 1.2.5. Food Product Standards in Chapter 2 of the
joint Code may contain directions for use and/or storage specific to
individual commodities.

[Nutrition Labeling]{.underline} ([Standard
1.2.8](http://www.foodstandards.gov.au/_srcfiles/Standard_1_2_8_Nutrition_Info_v72.pdf))

[Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/nutritioninformation1406.cfm)
for Standard 1.2.8

Subject to specific exemptions, food required to bear a label must
display a nutrition information panel setting out the energy, protein,
fat, saturated fat, carbohydrate, sugars and sodium content of the food.
A nutrition information panel must be set out in the prescribed format
and must include the number of servings in the package and the average
quantity of the food in a serving.

This standard does not apply to infant formula products except where
[Standard
2.9.1](http://www.foodstandards.gov.au/_srcfiles/Standard_2_9_1_Infant_Formula_Products_v72.pdf)
(Infant Formula Products) otherwise provides. Standard 2.9.1 sets out
specific nutrition labeling requirements that apply to infant formula
products. [Standard
1.3.2](http://www.foodstandards.gov.au/_srcfiles/Standard _1_3_2_Vits and Mins_v64.pdf)
(Vitamins and Minerals) sets out the labeling requirements for claims
made about the vitamin and mineral content of foods.

A nutrition information panel must clearly indicate that:

-   The average quantities set out in the panel are average quantities;
    and

-   Any minimum and maximum quantities set out in the panel are minimum
    and maximum quantities

Additional requirements may apply if a nutrition claim is made. See
Section VII below for information about making nutritional claims.

Exemptions:

The label on a package of food must include a nutrition information
panel except where the food is:

-   Sold at fund-raising events; or

-   An alcoholic beverage standardized in Part 2.7 of this Code; or

-   A herb, a spice, a herbal infusion; or

-   Vinegar and related products as standardized in [Standard
    2.10.1](http://www.foodstandards.gov.au/_srcfiles/Standard2101_Vinegar_ v62.pdf);
    or

-   Salt and salt products as standardized in [Standard
    2.10.2](http://www.foodstandards.gov.au/_srcfiles/Standard2102_Salt_v62.pdf);
    or

-   Tea, decaffeinated tea, decaffeinated instant or soluble tea,
    instant or soluble tea, coffee, decaffeinated coffee, decaffeinated
    instant or soluble coffee, instant or soluble coffee, as defined in
    [Standard
    1.1.2](http://www.foodstandards.gov.au/_srcfiles/Standard_1_1_2_Supp_definitions_v72.pdf);
    or

-   An additive for the purposes of [Standard
    1.3.1](http://www.foodstandards.gov.au/_srcfiles/ACF24CA.pdf); or

-   A processing aid as defined in [Standard
    1.3.3](http://www.foodstandards.gov.au/_srcfiles/Standard_1_3_3_Processing_Aids_v72.pdf);
    or

-   Fruit, vegetables, meat, poultry, and fish that comprise a single
    ingredient or category of ingredients; or

-   In a small package; or

-   Gelatine as defined in [Standard
    1.1.2](http://www.foodstandards.gov.au/_srcfiles/Standard_1_1_2_Supp_definitions_v72.pdf);
    or

-   Water, or mineral or spring water as defined in [Standard
    2.6.2](http://www.foodstandards.gov.au/_srcfiles/Standard_2_6_2_Non alco bev_v67.pdf);
    or

-   Prepared filled rolls, sandwiches, bagels and similar products; or

-   Jam setting compound; or

-   A kit that is intended to be used to produce an alcoholic beverage
    standardized in Part 2.7 of this Code.

Declaration of key or characterizing ingredients and components
([Standard
1.2.10](http://www.foodstandards.gov.au/_srcfiles/Standard_1_2_10 …abelling_v67.pdf))

[Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/ingredientlabelling.cfm)
for Standard 1.2.10

This standard sets out specific requirements for the declaration of the
percentage of characterizing ingredients and components of certain food
products that are required to be declared. Percentage labeling means
stating on a food label the percentage of a characterizing ingredient or
component. Percentage labeling will help consumers make informed choices
about the foods they buy by letting them compare how much of a
characterizing ingredient or component is present in similar products.
Manufacturers may find it easier to work out which are the
characterizing ingredients and components of their product if they first
work out the list of ingredients for the product label. Manufacturers
should then be able to look at this ingredient list and, in conjunction
with the definitions of characterizing ingredients and components set
out in the standard, decide which of the ingredients should be declared
as percentages. Manufacturers may also choose to declare more than one
ingredient if they wish to inform consumers more fully about the content
of their product.

In the simplest cases, an ingredient or component mentioned in the name
of the food is the characterizing ingredient or component and should be
declared as a percentage. The percentage declaration must be calculated
on the basis of the ingoing weight. Characterizing ingredients and/or
components may be declared as either the actual percentage, or a minimum
percentage. If a minimum percentage is declared, it should be indicated
clearly that it is a minimum percentage. The percentage declaration must
immediately follow the common, descriptive or generic name of the
ingredient. Characterizing ingredients or components may be declared
anywhere on the label. If the declaration of a characterizing ingredient
is made in the ingredient list, it must appear immediately after the
name of the ingredient in the ingredient list.

Apart from some special exemptions, percentage labeling information for
any characterizing ingredients and characterizing components must be
provided for all foods, including unpackaged foods. Unless exempted from
percentage labeling requirements, food that is unpackaged must have the
percentage labeling information either:

-   Displayed on or in connection with the display of the food, or

-   Provided to the purchaser on request (verbally or in writing).

Country of Origin Labeling ([Standard
1.1A.3](http://www.foodstandards.gov.au/_srcfiles/Standard11A3_CountryofOriginLabelling_v63.pdf))

New Zealand does not have a mandatory country of origin labeling
requirements with the exception of mandatory labeling requirements for
wine and wine products imported into New Zealand in this standard.

Clause 11 in this standard requires each package of wine or wine product
to bear a label that clearly indicates the country of origin of the wine
or wine product. If any of the grape juice, concentrated grape juice,
potable spirit, or wine spirit used in any wine product originates in a
country other than the country of origin of the wine, that country must
be identified on the label as a source of ingredients used in the
manufacture of the wine product.

Weights and Measures Requirements

With the implementation of the Food Standards Code and the Food (Safety)
Regulations 2002 in December 2002, amendments were made to the Weights
and Measures Regulations 1999 to the effect that packaged foods are
required to state the net contents on the label. The amendment ensures
that the way net contents requirements in New Zealand are consistent
with regulations in Australia and other countries.

The Ministry of Consumer Affairs administers the [Weights and Measures
Regulations](http://www.consumeraffairs.govt.nz/measurement/businessinfo/index.html).

## Labeling of Food Produced Using Gene Technology ([Standard 1.5.2](http://www.foodstandards.gov.au/_srcfiles/Standard152_GM_ v62.doc))

Users Guide to Standard 1.5.2

[Division
1](http://www.foodstandards.gov.au/_srcfiles/Standard_1_5_2_GM_v70.doc)
of this Standard addresses health and safety requirements, regulating
the sale of food produced using gene technology, other than additives
and processing aids.

[Division
2](http://www.foodstandards.gov.au/_srcfiles/Standard_1_5_2_GM_v70.doc)
in Standard 1.5.2 requires all genetically modified food and ingredients
(including additives and processing aids) to be labeled where they
contain novel DNA or protein in the final food or have altered
characteristics when compared with the equivalent conventional food.
Novel DNA and/or novel protein means DNA or a protein, which, as a
result of the use of gene technology, is different in chemical sequence
or structure from DNA, or protein present in counterpart food that has
not been produced using gene technology. Altered characteristics include
changed levels of nutritional values and natural toxicants, the
occurrence of a new factor known to cause an allergic response and a
change of the intended use of the genetically modified food product.

The label on a package of genetically modified food must include the
statement 'genetically modified' in conjunction with the name of that
food, food ingredient, food additive or processing aid. Unpackaged foods
for retail sale (such as unpackaged fruit and vegetables, or unpackaged
processed or semi-processed foods) must carry a display with the
statement \'genetically modified\' in association with the food or with
the particular ingredient within that food.

GM food prepared for immediate consumption, such as restaurant and
take-away food, and catered meals do not need to be GM labeled,
although, consumers can request this information from businesses.

Labeling is not required for highly refined food that has no altered
characteristics and where the refining process has removed novel DNA
and/or novel protein. Also excluded from mandatory labeling are
processing aids or food additives if novel DNA and/or novel protein from
the processing aid or food additive is not present in the food to which
it has been added. Genetically modified flavorings need not be labeled
if they occur at concentrations of no more than 1 gram per kilogram. A
food, ingredient, or processing aid in which genetically modified food
is unintentionally present in a quantity of no more than 10 grams per
kilogram per ingredient requires no GM label.

Voluntary negative label claims such as \'GM free\' are not covered by
the standard. Negative label claims must, however, be consistent with
provisions of the overarching consumer protection legislation in the New
Zealand Food Act 1981 and Fair Trading Act 1986.

### Voluntary GM Labeling Initiative

The Royal Commission on Genetic Modification identified consumer demand
for more information than the Joint Australia New Zealand Food Code
requires about whether a food results from a genetic modification
process, or contains any GM material. Within this context, a key issue
the Commission identified for consideration was \"can people choose
whether or not to eat genetically modified food?\" The Commission
identified an information gap between the coverage of Standard 1.5.2 of
the Australia New Zealand Joint Food Code and the information needs of
consumers who wish to avoid food produced using genetic modification.
The Commission supported the joint Code\'s mandatory labeling
requirements, although it noted that some people are concerned that food
not labeled may contain some GM material, or may have been manufactured
using a process involving genetic modification. An information gap
exists under Standard 1.5.2 because there are several exemptions from
the mandatory labeling of GM material or genetic modification processes.
Two of these exemptions are for flavorings and the unintentional
presence of GM material, as long as the amounts involved do not exceed
certain percentage thresholds. If they exceed these thresholds, then the
flavoring or ingredient would have to be declared on the label. The
other exemption is for food intended for immediate consumption, such as
that available at restaurants, cafes, and take-away, self-vending and
self-catering outlets.

Following consideration of the Royal Commission\'s recommendations, the
government directed an interdepartmental working group, consisting of
the Ministry of Consumer Affairs and the New Zealand Food Safety
Authority, to facilitate the development of a voluntary \"GM-free\"
labeling system. GM-free means the complete absence of any genetically
modified material, or use of a genetic modification process, in a food
or food product. As it is a voluntary initiative, responsibility for
developing a successful GM-free labeling system ultimately rests with
stakeholders.

# SECTION III: PACKAGING AND CONTAINER REQUIREMENTS

There are no packaging or container size regulations for food products
in New Zealand. Manufacturers may pack food in any size container.

### Food Packaging Materials

Neither the joint Code, nor the New Zealand Food Regulations 1984
specify details of materials permitted to be added to or used to produce
food packaging materials. However, the effect of the New Zealand Food
Act 1981 is that packaging when used must not cause food to be unsafe or
tainted. Specific requirements in the joint Code which relate to
contaminants must also be met ([Standard
1.4.3](http://www.foodstandards.gov.au/_srcfiles/FSC1_4_3v70.pdf))
Articles and Materials in Contact with Food). Therefore, it is the
responsibility of food manufacturers and sellers to ensure their
products are safe and that they comply with legislation. In practice,
packaging suppliers will need to ensure their products are suitable for
the intended use. Compliance with recognized international food
standards such as those of the European Union (EU) or the United States
Food and Drug Administration would be reasonable evidence that materials
are suitable for food use.

While no mandatory standards with regards to specific packaging
materials are in place, authorities including the Ministry for the
Environment and the Packaging Council of New Zealand are in the process
of developing a voluntary code to improve material and energy efficiency
in the production, use and recovery of packaging materials. (See: draft
of [\"The New Zealand Packaged Goods Accord
2004\"](http://www.packaging.org.nz/happening_index.html)).

### Wood Packaging Materials Used for Shipping Products to New Zealand

Under the Biosecurity Act (1993) importers must comply with an Import
Health Standard (IHS) that outlines phytosanitary requirements for wood
packaging material to be given biosecurity clearance into New Zealand.
The IHS for \"[Wood Packaging Material from All
Countries](http://www.maf.govt.nz/biosecurity/imports/forests/standards/non-viable-forest-produce/wood-packaging.htm)\"
has been developed under the requirements of the Biosecurity Act (1993)
and New Zealand's obligations under the International Plant Protection
Convention (1997).

### Import Health Standard for Sea Containers

All sea containers must be deemed to be free from contamination before
they will be given biosecurity clearance by an inspector. Find the
current Import Health Standard here: [Sea Containers from All
Countries](http://www.maf.govt.nz/biosecurity/imports/non-organic/standards/bmg-std-seaco.htm).

From September 1, 2003 onwards, all imported containers must be covered
by documentation giving the following information pertaining to the
container and the cargo (if any) within: container number, origin (where
the container was packed), the port at which the container was first
loaded aboard a vessel for shipment to New Zealand, exporter, importer,
a complete and accurate description of the contents, including
packaging, a quarantine declaration, and treatment certification if
applicable. In addition to the above inspections, some containers are
deemed to be \"high risk\". These must be subjected to either:

-   Six-sided external inspection on the port area by an inspector
    within 48 hours of discharge, or

-   Fumigation with methyl bromide, or

-   Be accompanied by an official phytosanitary certificate attesting to
    the container\'s freedom from specific contamination, or

-   Have undergone a decontamination or certification system approved by
    the Director, Border Management for use in lieu of external
    inspection.

To expedite clearance, additional certification of containers as free
from restricted packaging and freed of contamination of either the
external or internal surfaces of the container or both is an option. In
certain circumstances, certification may cover multiple arrivals of
containers for periods of up to one year.

### Import Health Standard for Air Containers

Air containers used for the import of food products into New Zealand
must meet a minimum standard of cleanliness. All parts of the container
including the internal and external sides must be free of contamination.
Every container must also be free of any of the following:

-   Animals, insects or other invertebrates (any life cycle stage), egg
    casings or rafts, or any organic material of animal origin
    (including blood, bones, fiber, meat, secretions, excretions, etc);

-   Plants or plant products (including fruit, seeds, leaves, twigs,
    roots, bark, saw dust, or other organic material); or

-   Soil or water

See details: Import Health Standard: [Air Containers from any
Country](http://www.maf.govt.nz/biosecurity/imports/non-organic/standards/152-07-01i.htm) -
MAF Regulatory Authority 152.07.01I

# SECTION IV: FOOD ADDITIVE REGULATIONS (Standard 1.3.1) 

Users Guide for [Standard
1.3.1](http://www.foodstandards.gov.au/assistanceforindustry/userguides/foodadditives.cfm)

[Standard 1.3.1](http://www.foodstandards.gov.au/_srcfiles/ACF24CA.pdf)
regulates the use of food additives in the production and processing of
food. A food additive may only be added to food where expressly
permitted in this standard. Additives can only be added to food in order
to achieve an identified technological function according to Good
Manufacturing Practice (GMP).

The use of food additives must be linked to a technological function. A
food additive may be capable of performing more than one technological
function in a food. In these circumstances, the manufacturer must
classify the food additive on the label under the most appropriate class
name. Generally, the primary function that the food additive is
performing would be regarded as the most appropriate function for the
purposes of labeling of food additives.

Food additives should always be used in accordance with GMP.
Manufacturers are responsible for justifying the use of additives, and
the level of additive used. The Codex Alimentarius Commissions
Procedural Manual sets out the following relevant criteria for use in
assessing compliance with GMP:

-   The quantity of additive added to food shall be limited to the
    lowest possible level necessary to accomplish its desired effect;

-   The quantity of the additive that becomes a component of food as a
    result of its use in the manufacture, processing or packaging of a
    food and which is not intended to accomplish any physical, or other
    technical effect in the food itself, is reduced to the extent
    reasonably possible; and

-   The additive is prepared and handled in the same way as a food
    ingredient.

Specifications for food additives are listed in the schedules of
Standard 1.3.1. [Schedule
1](http://www.foodstandards.gov.au/_srcfiles/Standard_1_3_1_Additives_Part_2_v72.pdf)
contains information on the permitted uses of food additives by food
type; [Schedule 2](http://www.foodstandards.gov.au/_srcfiles/ACF63C.pdf)
miscellaneous additives permitted to Good Manufacturing Practice (GMP)
in processed foods specified in Schedule 1; [Schedule
3](http://www.foodstandards.gov.au/_srcfiles/schedule3Standard_1_3_1_Additives Part 3_v64.pdf)
contains colors permitted to GMP in processed foods specified in
Schedule 1; [Schedule
4](http://www.foodstandards.gov.au/_srcfiles/SCHEDULE 41_3_1.pdf)
contains colors permitted in beverages and in foods other than beverages
specified in Schedule 1; and, [Schedule
5](http://www.foodstandards.gov.au/_srcfiles/Schedule 51_3_1.pdf)
contains technological functions which may be performed by food
additives.

For the purposes of ingredient labeling, food additives are treated the
same as other ingredients in a food. [Schedule
1](http://www.foodstandards.gov.au/_srcfiles/ACFA920.pdf) of Standard
1.2.4, lists about twenty class names for additives based on their
technical function. [Schedule
2](http://www.foodstandards.gov.au/_srcfiles/ACFA920.pdf) of Standard
1.2.4 lists all permitted additives by their prescribed name and Code
number.

An additive must be declared in the ingredient list in its correct place
by using its appropriate class name (from Schedule 1), followed by the
additive's specific name or code number (from Schedule 2). One exception
to this rule is that enzymes need only be declared by the class name
'enzyme' and not by specifically declaring the name of the enzyme.

Where a food additive is capable of being classified in more than one
class, the class name used must be the class name that best reflects the
function of the additive in the food. A food additive that cannot be
classified in one of the classes specified in Schedule 1 must be
declared by using its prescribed name (from Schedule 2).

FSANZ carries out safety assessments of food additives before they are
allowed to be used. The following things are checked:

-   Is the food additive safe (at the requested level in that particular
    food)?

-   Are there good technological reasons for the use of the food
    additive?

-   Will consumers be clearly informed about its presence?

Information regarding applications for the approval of new food additive
is available at:

<http://www.foodstandards.gov.au/standardsdevelopment/informationforapplic559.cfm>

Special note should be taken for additives that are genetically
modified. For more information on the declaration of genetically
modified ingredients see FSANZ guideline: [Labeling Genetically Modified
Food](http://www.foodstandards.gov.au/assistanceforindustry/userguides/labellinggeneticallymodifiedfooduserguide/index.cfm).

# SECTION V: 

# 

# PESTICIDE AND OTHER CONTAMINANTS

New Zealand is currently developing its policy related to MRLs of
imported food products, utilizing the methodology established by the
Codex Alimentarius Commission. Currently, imported food products sold in
New Zealand are tested against the MRLs specified for that food in the
current editions or supplements of the Codex publications titled
"[Pesticide Residues in
Food](http://faostat.fao.org/faostat/pestdes/jsp/pest_q-e.jsp?language=EN&version=ext&hasbulk=)"
or "[Residues of Veterinary Drugs in
Foods](http://faostat.fao.org/faostat/vetdrugs/jsp/vetd_q-e.jsp?language=EN&version=ext&hasbulk=)".
If the imported food product/residue combination is not listed or does
not meet these standards, it is measured against New Zealand's domestic
MRL standard ([New Zealand (Maximum Residue Limits of Agricultural
Compounds) Food Standards
2002](http://www.nzfsa.govt.nz/policy-law/legislation/food-standards/)).
New Zealand's domestic standard includes a provision for residues of up
to 0.1 mg/kg as a default standard for food product/residue combinations
that it does not list. NZFSA is aware that MRLs based on New Zealand's
farming conditions don't always reflect appropriate overseas usage of
agricultural compounds and that Codex MRLs are not established for all
pesticides. NZFSA is now in the initial stages of reviewing its imported
foods systems and is considering how to deal with imported foods
containing residues that have not been considered through the New
Zealand or Codex systems.

Imported food products that are not listed in or do not meet any of the
three standards New Zealand applies to imported food products (codex,
domestic and the default) may not legally be sold in New Zealand. At
present NZFSA has the regulatory flexibility to assess imported food
products in this situation on a case-by-case basis to determine whether
any regulatory action is required. The course of action selected will be
in response to the perceived public health risk of the food product.
Regulatory action can range from notification to the importer of
non-compliance, to product recall if an unacceptable public health risk
is identified. Due to marketing concerns, importers have at times
destroyed or re-exported food products that breached New Zealand's MRLs,
even though not obligated to do so by NZFSA following determination that
the food product was safe for human consumption.

Routine testing administered by the NZFSA for agricultural compound
marker residues was initiated following the organization's creation in
2002. Testing of MRLs under NZFSA has increased with the introduction of
the [Food Residues Surveillance
Programme](http://www.nzfsa.govt.nz/science-technology/research-projects/food-residues-surveillance-programme/index.htm)
(FRSP) in 2003. This ongoing program is being implemented to assess the
effectiveness of current controls of chemical residues on imported and
locally produced foods.

Contaminants and Natural Toxicants ([Standard
1.4.1](http://www.foodstandards.gov.au/_srcfiles/Standard141_Contaminants_v63.pdf))

[Additional
Guidelines](http://www.foodstandards.gov.au/assistanceforindustry/userguides/generallyexpectedlev1412.cfm)
to Standard 1.4.1

This standard specifies the maximum levels of contaminants and natural
toxicants that are permitted in the foods listed in the standard. All
foods listed in the standard must comply with the maximum levels set out
in the standard. In addition to these standards, FSANZ has developed
'generally expected levels'. These are a range of contaminant levels
that would normally be expected in particular foods. They are also
listed in the standard.

Articles and Materials in Contact with Food ([Standard
1.4.3](http://www.foodstandards.gov.au/_srcfiles/FSC1_4_3v70.pdf))

This standard provides permission for articles and materials to be in
contact with food in accordance with the conditions set out in this
standard. Standard 1.4.1 sets out the maximum levels for a number of
metal and non-metal contaminants and natural toxicants that may be
present in food as a result of contact with the articles and materials
regulated in this standard.

Relevant articles and materials are any materials in contact with food,
including packaging material, which may enclose materials such as
moisture absorbers, mould inhibitors, oxygen absorbers, promotional
materials, writing or other graphics. Articles and materials may be
placed in contact with food, provided such articles or materials, if
taken into the mouth, are not:

-   Capable of being swallowed or of obstructing any alimentary or
    respiratory passage; and

-   Otherwise likely to cause bodily harm, distress or discomfort

# SECTION VI: OTHER REGULATIONS AND REQUIREMENTS

## BSE-Related Import Requirements for U.S. Beef

U.S. beef and beef variety meats were restricted from entering New
Zealand following the December 2003, announcement of bovine spongiform
encephalopathy (BSE) in the United States. Import restrictions also were
imposed on live cattle, certain pet food, and U.S. processed food
products containing beef. The New Zealand Food Safety Authority (NZFSA)
recently completed an assessment of the U.S. BSE regime and determined
that U.S. safeguards were equivalent to those provided by New Zealand's
BSE measures. Following certification agreement, NZFSA will remove its
case-by-case assessment requirement for U.S. bovine products. A country
review by the Ministry of Agriculture and Forestry (MAF) is underway
which may result in a resumption of live cattle trade.

New Zealand's beef exports to the U.S. account for approximately 50
percent of its export volume. New Zealand is complying with new USDA
measures for beef slaughter and processing. Because New Zealand is a
BSE-free country, it feels that the application of these new BSE-related
measures to its beef products entering the United States is unjustified.
New Zealand has asked USDA to modify the application of these rules for
New Zealand beef products on the basis of an equivalency program, i.e.
accepting New Zealand safeguard measures as a BSE-free country.

## Import Health Permit for High Risk Food Products

Most food products can enter New Zealand freely. These are classified as
low risk products. However, selected food, food containers and food
utensils being imported into New Zealand are subject to surveillance to
ensure the imported product is fit for purpose. These are classified as
high-risk products that require an import permit. Food products, food
containers and food utensils are selected for this surveillance by
identification of potential or historical food safety issues associated
with the product concerned. The food and food containers which are
subject to surveillance and the type of surveillance upon entering New
Zealand are listed on the Auckland District Health Board [Central
Clearing House
website](http://www.arphs.govt.nz/Services/ImportedFood/ImportedProducts.asp).
They include: beef and beef products (BSE), brandy & whisky, canned
mushrooms, canned tomatoes, shrimps and prawns, lobster crab and bugs
and their products, desiccated coconut, dried dates, smoked fish and
vacuum packed smoked fish, fish susceptible to the production of
histamine, fish susceptible to elevated levels of mercury and
microbiological spoilage, ice cream and iced confectionery, manufactured
fish products (surimi) and marinara mix, meat products, molluscs,
nutmeg, peanuts and pistachio nuts, peanut butter, soft cheese and
grated cheese, spices, and soy sauce (always check website for the most
current list).

Applications for \"Imported Foods Health Permit\" can be made on the
same website. Regardless of whether the food or food container/utensil
undergoes surveillance upon entering New Zealand, the product must be in
compliance with New Zealand food legislation.

## Certification Arrangements

The New Zealand Food Safety Authority (NZFSA) can enter into
arrangements with approved authorities in overseas countries. Before
recognizing any certification issued by overseas country authorities,
NZFSA must be satisfied that there is a system in place that is
monitored by the authorities and that ensures that foods will comply
with New Zealand requirements. Random audit inspections and analyses are
carried out on certified shipments by NZFSA.

## Product Samples

Food product samples listed in the New Zealand (Prescribed Foods)
Standards 2002 generally do not require a permit from the NZFSA.
However, food products regulated under the New Zealand biosecurity
legislation have to comply with biosecurity requirements. Food product
samples must not be intended for human consumption and re-sale.

# SECTION VII: OTHER SPECIFIC STANDARDS

## Specific Commodity Standards

[Chapter 2](http://www.foodstandards.gov.au/foodstandardscode/) of the
joint Code contains standards for a number of specific commodity groups.
These can be found at FSANZ:

Part 2.1 -- Cereals

Part 2.2 - Meat, eggs & fish

Part 2.3 - Fruit & Vegetables

Part 2.4 - Edible oils

Part 2.5 - Dairy products

Part 2.6 - Non-alcoholic beverages

Part 2.7 - Alcoholic beverages

Part 2.8 - Sugars & honey

Part 2.9 - Special purpose foods

Part 2.10 - Standards for other foods (vinegars & salt)

## Representations About Food

[Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/index.cfm)

Food Standards Australia New Zealand has developed this user guide, in
consultation with

Australian and New Zealand governments' and industry representatives. It
provides information from the standards in the joint Code that are
relevant to representations about food. The guide also provides
additional information to that contained in those standards. As well as
complying with food standards requirements, food manufacturers must also
continue to comply with the Food Act 1981 and Fair Trading Act 1986.

The Fair Trading Act 1986 prohibits false or misleading representation
of goods or services. Food promotions and labeling of food will breach
these sections if, through words, pictures or other representations,
they mislead or deceive ordinary shoppers about the food's: composition,
age or quality, quantity, nutritional quality, freshness or "natural"
character, origin, health benefits, or desirability. An "ordinary
shopper" has been defined very broadly by the courts to include people
who may be gullible, of less than average intelligence, or poorly
educated.

The New Zealand Commerce Commission has published a [Food Labeling,
Promotion and Marketing
guide](http://www.comcom.govt.nz/publications/pdfs/Food Labelling, Promotion and Marketing.pdf).

A representation includes:

-   Any particular claim made in writing or verbally

-   Any advertising associated with the representation

-   Any important facts that manufacturers have left out

Manufacturers making representations about their products must be able
to substantiate these in a court of law. When assessing whether a
representation is unlawful, consideration must be given to the overall
impression it creates. Therefore, manufacturers need to ensure that the
representation about their product does not send a message that creates
or could create the wrong idea in the minds of others. The competitors
of manufacturers may also take action on unlawful representations.

Representations

A representation about food is anything that sends a message to someone
about a food whether stated or implied. The following elements can
contribute to a representation about food:

The food itself (e.g. what a food itself looks like)

Advertising in newspapers, magazines, television, radio

The label of a food;

Particular aspects of the packaging and display of a food; and

Verbal statements made about a food

Pictorial representations

Pictorial representations include logos, stylized flags, emblems,
symbols, photos, designs or drawings that may be used in a label or in
the advertising of a food product. Manufacturers need to ensure that
their pictorial representations do not give a misleading overall
impression about their products. Manufacturers' considerations for using
pictorial representations should include:

-   A manufacturer should not give a pictorial representation that an
    insignificant ingredient is present in significant amounts; or

-   That a significant ingredient is not present or present in
    insignificant amounts.

For example, when making pictorial representations about a fruit juice
product which contains a mixture of a small amount of raspberry juice
(1%) and a large amount of apple juice (99%), the manufacturer must
determine if a picture of a raspberry is appropriate, especially given
the small amount of raspberry juice in the product. It may be better to
avoid raspberry pictures and instead represent the product as 'apple
juice with a dash of raspberry'.

Advertising

The same guidelines that apply to pictorial representations on labels
also apply to advertisements for food. The advertising must not give a
misleading or deceptive overall impression about the food being
advertised. Manufacturers must look at the overall impression created by
the advertisement and be sure that the prospective consumer is not
likely to be misled or deceived. It is critical that the way in which a
representation is made is appropriate to the particular media used.
Complex representations about food are not appropriate for short 'grabs'
on television. Similarly, representations with a strong reliance on
visual cues for accuracy are not appropriate for radio.

The Fair Trading Act covers all advertising and selling of goods and
services by people in trade. It prohibits misleading and deceptive
conduct, false representations, and unfair practices. To contravene any
of the provisions is an offense that can be prosecuted under the Act.

Naming and Representation

In representing a food to consumers, manufacturers must make sure that
the name of the food and the overall impression of the food is
consistent with the nature of the food i.e. the food is what it says it
is and the food is what it looks like. The names of food or ingredients
should be sufficiently detailed and accurate to ensure they are not
false, misleading or deceptive, or likely to mislead or deceive.

Negative Claims

Negative claims are representations that highlight the absence or
non-addition of particular substances to food. Some examples include,
'No MSG', 'no added sugar', 'no preservatives', 'dairy-free' and
'nothing artificial'. Negative claims are subject to the same
restrictions as all other representations about food. That is, the claim
and the overall impression created by the claim must not be false,
misleading or deceptive to consumers.

\'FREE' Claims

The New Zealand Commerce Commission have advised that their policy in
relation to the use of the term 'free' is zero tolerance, irrespective
of food regulations or codes of practice. Hence the existing 'free'
claims, which presently include small tolerance levels, would be
considered in breach of trade practices/fair trading legislation.

Nutrition Claims

Where a nutrition claim is made, the panel must include the seven
mandatory nutrients:

-   Energy

-   Protein

-   Fat

-   Saturated fat

-   Carbohydrate

-   Sugars, and

-   Sodium

As well as any claimed nutrient or biologically active substance, and
any other nutrients that constitute a nutrition claim.

Information regarding the type of nutrition claims that can and cannot
be made as well as examples of Nutrition Information Panels for each
type of claim are contained in the [Users Guide to Standard
1.2.8](http://www.foodstandards.gov.au/assistanceforindustry/userguides/nutritioninformation1406.cfm).

## Dietary Supplements Regulations 1985

The Dietary Supplements Regulations 1985 define \"dietary supplements,\"
state the maximum daily doses for some nutrients, list food additive
permissions and labeling requirements. Except as permitted by the
Medicines Act 1981 and any regulations made under that Act, no dietary
supplement or package or container containing a dietary supplement shall
be advertised or labeled with a statement relating to the treatment or
prevention of a disease, the diagnosis of a disease, alteration of any
aspects of the human body, or prevention or interference with the normal
operation of a physiological function. As with other foods, it is the
manufacturer\'s/importer\'s responsibility to ensure their products are
safe and comply with the legal requirements. Although restrictive, the
regulatory framework in the United States is more favorable to the
development and marketing of functional food products.

The joint Australia New Zealand Food Regulation Standing Committee
(FRSC) has conducted public consultation on a policy framework for
food-type dietary supplements that might be covered within the Australia
New Zealand Food Standards Code in the near future. (Discussion Paper --
[Policy Options for the Regulation of Food-Type Dietary
Supplements](http://www.foodsecretariat.health.gov.au/consult.htm))

### Health Claims ([Standard 1.1A.2](http://www.foodstandards.gov.au/_srcfiles/Standard_1_1A_2_Health_Claims_v69.pdf))

Unless specifically permitted in this standard, health claims on food
labels and advertisements for foods, advice of a medical nature,
mentioning of any disease or physiological conditions, therapeutic or
prophylactic action, or other alteration of the human body are not
permitted, with the exception of specific claims with regards to folate
consumption listed in the standard. If such a claim is permitted under
this standard the label must also include a nutrition information panel
in accordance with Standard 1.2.8. Health claims must not be made in
respect to foods standardized in Part 2.7 of the joint code as well as
Standards 2.9.1, 2.9.2, 2.9.4, soft cheeses and pâté, and formulated
meal replacements standardized in Standard 2.9.3.

Advice on therapeutic claims and advertising

Unapproved therapeutic claims are prohibited under both the Dietary
Supplements Regulations 1985 and the Medicines Regulations 1984. Advice
on whether a claim is acceptable or not can be sought from The
Therapeutics Advertising Pre-vetting System (TAPS). TAPS is a voluntary
advisory service set up by the Association of New Zealand Advertisers in
May 1999 to assist advertisers, advertising agencies and the media to
comply with the Advertising Standards Authority Code for Therapeutic
Advertising and hence the regulatory requirements for therapeutic
products. TAPS contact details are:

Therapeutics Advertising Pre-vetting System (TAPS),

43 Tirohunga Drive, Henderson, Auckland

Ph 09 836 2680, fax 09 837 5057, mob 021 393 355

Email: njandrews@xtra.co.nz

## Foods Requiring Pre-Market Clearance

Novel Foods ([Standard
1.5.1](http://www.foodstandards.gov.au/_srcfiles/Standard_1_5_1_Novel_Foods_v70.pdf))

This Standard regulates the sale of novel food and novel food
ingredients. This Standard prohibits the sale of these foods unless they
are listed in the Table to clause 2, and comply with any special
conditions of use in that Table. The specific permission may impose
conditions relating to matters such as the need for preparation or
cooking instructions, warning statements or other advice, or the need to
meet specific requirements of composition or purity.

The purpose of this Standard is to ensure that non-traditional foods
that have features or characteristics that raise safety concerns will
undergo a risk-based safety assessment before they are offered for
retail for direct consumption in New Zealand. The Authority will assess
the safety for human consumption of each novel food prior to its
inclusion in the Table. The safety assessment will be performed in
accordance with the Authority's safety assessment guidelines.

Information regarding application for the approval of a novel food
product is available at:

<http://www.foodstandards.gov.au/standardsdevelopment/informationforapplic559.cfm>

### Food Produced Using Gene Technology ([Standard 1.5.2](http://www.foodstandards.gov.au/_srcfiles/Standard_1_5_2_GM_v70.pdf)) 

Division 1 of this Standard addresses health and safety requirements,
regulating the sale of food produced using gene technology, other than
additives and processing aids.

FSANZ will assess the safety for human consumption of each food produced
using gene technology or such class of food prior to its inclusion in
the Table. The safety assessment will be performed according to the
Authority's approved safety assessment criteria. Additives and
processing aids that are produced using gene technology are not
regulated in Division 1 of this Standard. Other Standards in this Code
regulate additives and processing aids and require pre-market approval
for these substances. For more information on the declaration of
genetically modified ingredients see FSANZ guideline: [Labeling
Genetically Modified
Food](http://www.foodstandards.gov.au/assistanceforindustry/userguides/labellinggeneticallymodifiedfooduserguide/index.cfm).

Division 2 of this Standard specifies labeling and other information
requirements for foods, including food additives and processing aids,
produced using gene technology.

The Standard prohibits the sale and use of these foods unless they are
included in the [Table to clause
2](http://www.foodstandards.gov.au/_srcfiles/Standard_1_5_2_GM_v70.pdf)
and comply with any special conditions in that Table.

The prohibition in clause 2 does not apply to a food produced using gene
technology where:

-   That food is the subject of an application under section 12 of the
    Act to vary the Table to that clause

-   The application has been accepted in accordance with section 13 of
    the Act by the Authority on or before 30 April 1999

-   The Authority has evidence that food, in one or more countries,
    other than Australia or New Zealand, is lawfully permitted to be
    sold or used as an ingredient or component, by a national food
    regulatory agency

-   The Council has not become aware of evidence that food poses a
    significant risk to public health and safety

See Section II in this report for information regarding labeling
requirements for GM Foods.

The [Users
Guide](http://www.foodstandards.gov.au/assistanceforindustry/userguides/labellinggeneticallymodifiedfooduserguide/index.cfm)
for Food Produced Using Gene Technology (Standard 1.5.2) should be read
in conjunction with this standard.

### [Irradiation of Food]{.underline} ([Standard 1.5.3](http://www.foodstandards.gov.au/_srcfiles/ACF1C7D.pdf))

This Standard prohibits the irradiation of food, or ingredients or
components of food, unless a specific permission is given. The specific
permission may impose conditions relating to matters such as dose,
packaging materials, approved premises or facilities.

Even where this Standard permits irradiation, food should only be
processed by irradiation where such processing fulfills a technological
need or is necessary for a purpose associated with food safety. Food
should not be processed by irradiation as a substituted procedure for
good manufacturing practices.

The absorbed radiation dose applied for the purpose of irradiating food
should be the minimum that is reasonably commensurate with the
technological and public health purposes to be achieved. It should also
be in accordance with good radiation processing practice.

Food to be processed by irradiation, and the packages and packing
materials used or intended for use in connection with food so processed,
should be of suitable quality and in an acceptable hygienic condition
appropriate for the purpose of such processing. They should also be
handled before and after irradiation according to good manufacturing
practices, taking into account, in each case, the particular
requirements of the technology of the process.

The operation of irradiation facilities and control of the irradiation
process should be undertaken in accordance with New Zealand law
governing radiation control. They should also be undertaken in
accordance with an appropriate Code of Practice such as the 1983 Codex
Alimentarius General Standard for Irradiated Foods and its associated
Code of Practice for the Operation of Irradiation Facilities Used for
the Treatment of Foods.

This Standard also sets out permitted sources of radiation, requires the
keeping of certain records in relation to the irradiation of food, and
requires the labeling of food that has been irradiated.

Foods listed in the standard may only be processed by irradiation where
such processing:

-   Fulfills a technological need; or

-   Is necessary for a purpose associated with food hygiene; and

-   Such processing is not a substitute procedure for good manufacturing
    practice.

The standard outlines which foods are permitted to be irradiated.

### Approval of Foods Produced Using Gene Technology

Information for people wishing to apply to FSANZ to introduce a new food
produced using gene technology as provided for in the Australia New
Zealand Food Standards Code is available at the following website:

<http://www.foodstandards.gov.au/standardsdevelopment/informationforapplic559.cfm>

All genetically modified food must be assessed as safe by FSANZ before
it is allowed for sale on the New Zealand market. If it is a viable
crop, it must also first be approved by the Environmental Risk
Management Authority New Zealand (ERMA NZ). However, New Zealand had a
moratorium on the release of GM organisms into the environment until
October 2003.

# SECTION VIII: COPYRIGHT/TRADEMARK LAWS

### Patents and Designs 

The Patents Act 1953, as amended by the Patents Amendment Act 1994, and
the Designs Act 1953, constitutes the basic New Zealand legislation
governing these forms of industrial property protection. New Zealand is
party to the Paris Convention for the Protection of Industrial Property
(\"Paris Union\") and member of the Patent Cooperation Treaty (PCT).
Patents are obtainable for \"any manner of new manufacture" and those
who wish to protect an invention by a patent can file an application the
Patent Office. Patents are granted for a 20-year term. A New Zealand
patent is a limited monopoly granted by the Crown (New Zealand
Government) to make, use, exercise, and vend an invention and its
products throughout a 20-year period, with the proviso that it may be
terminated in certain circumstances. Those who infringe on patent rights
are liable for damages and other penalties. Inventions, which are the
subject of patent rights, may be used only under license, normally
obtained from the patentee. The Patents Act of 1953 gives protection
against the abuse of patent rights, and compulsory licenses and other
remedies are available.

Designs may be registered to obtain protection for the shape,
configuration, pattern, or ornament applied to articles by an industrial
process or means. To register a design, an application must be made,
supplemented by drawings or photographs of the design. The term of
registration is five years but may be extended to 15 years. A design
registration may be canceled if found to be invalid for any reason.

### Trademarks

The Trade Marks Act 2002 (reference Trade Marks Act 1953), provides for
the registration, in respect of particular goods or services, of a sign
or combination of signs, capable of being represented graphically and
capable of distinguishing the goods or services of one person from those
of another. A \"sign\" includes, but is not limited to, a device, brand,
heading, label, ticket, name, signature, word, letter, numeral, color or
any combination of these. Thus, a registerable trademark may potentially
include the shape of goods themselves, the shape of packaging, smells
and sounds, if capable of graphical representation. The appropriate
classification of goods and services is determined according to the Nice
Agreement on the International Classification of Goods and Services,
although New Zealand is not yet a party to that agreement.

Registration may be permanent subject to payment of renewal fees. To
obtain registration of a trademark, it must have been used or proposed
to be used. A trademark may be expunged from the register on the grounds
of non-use.

A trademark registration is infringed by the unauthorized use of the
identical sign on any goods or services for which the sign is
registered, or the unauthorized use of the identical or a similar sign
on those goods or services, or similar goods or services, if such use
would be likely to deceive or cause confusion.

The Geographical Indications Act 1994 establishes a registration system
for the protection of descriptions or presentations used to indicate a
geographical origin for specified goods.

### Copyright 

The Copyright Act 1994 governs copyright law in New Zealand. New Zealand
adheres to the Rome version (but not the Brussels revision) of the Berne
Copyright Convention, and is also a signatory to the Universal Copyright
Convention. These two treaties provide that citizens of member countries
are afforded protection in respect of work that may be copyrighted.

On May 16, 1998 the New Zealand Government passed an amendment to the
Copyright Act, 1994 legalizing parallel importing. The legislation
removes exclusive importing rights to New Zealand importers. Under the
legislation any New Zealand importer may purchase, import, and sell
goods from anywhere in the world without the permission of any local
franchise holder of the copyright.

New Zealand was placed on the Special 301 Watch List on April 30, 1999
due to concerns regarding the adequacy of copyright protection. The
previous Labour-Alliance Government pledged to change the parallel
import regime to take account of copyright concerns. In particular,
parallel imports of newly released copyrighted materials would be banned
for up to two years from initial release. New Zealand was removed from
the Special 301 Watch list in April 2000 in anticipation of these
changes, but placed back on the list in April 2001 and April 2002 due to
the lack of concrete progress.

### Plant Variety Rights 

New Zealand is a member state of the International Union for the
Protection of New Plant Varieties (UPOV), adhering to the 1978 UPOV
Convention. Intellectual property protection rights for plants in New
Zealand are covered by the New Zealand Plant Variety Rights Act 1987
(PVRA 87). The PVRA 87 is based on the 1978 revision of the
International Union for the Protection of New Varieties of Plants (UPOV
78) Convention. In 1991, UPOV member states agreed on a new and enhanced
convention (UPOV 91). The changes embodied in UPOV 91 considerably
expand the rights available to plant breeders, reflecting a number of
problems that had arisen under UPOV 78.

Debate continues in New Zealand in regard to the ratification of UPOV
91. There is an ongoing debate among breeders, growers, merchants and
regulators over the perceived confusion of the PVRA 87 with respect to
the increased use of proprietary cultivars in New Zealand. As a
consequence, industry participants developed the view that the current
act needs to be amended, although PVRA 87 amendments that reflect and
enable full ratification of UPOV 91 conventions would entail significant
changes for both growers and breeders. A cabinet paper seeking policy
approval to make changes to the PVRA 87 was released in August 2003
following a review of UPOV 91 and PVRA 87. It recommended that although
UPOV 91 should not be ratified by New Zealand at this time, some changes
consistent with UPOV 91 should be made to PVRA 87.

A copy of the cabinet paper is available at:

<http://www.med.govt.nz/buslt/int_prop/plantvarietyreview/cabinet/review/index.html>

# SECTION IX: IMPORT PROCEDURE

There is no pre-market approval of either the composition or labeling of
any food in New Zealand. Imported food must comply with all aspects of
the Food Standards Code at the point of entry into New Zealand. The
NZFSA and MAF Quarantine Services can perform random inspections on any
food imported. High-risk foods both from a food safety and biosecurity
perspective can be targeted for inspection at a higher frequency.

All goods imported into New Zealand are cleared by the New Zealand
Customs Service, irrespective of whether they arrive by air, sea or
mail. Importers are responsible for obtaining a formal Customs clearance
for consignments of goods imports which attract more than NZ \$50 in
duties and taxes combined. Cost recovery charges apply for the
processing of entries. The cost will depend on whether the entry is an
[electronic
entry](https://www.customsentry.govt.nz/customs/LoginPage.html) or a
[documentary (manual)
entry](http://www.customs.govt.nz/library/form/c+forms/c4.asp).

In addition to the import entry, the importer may in some cases be asked
to provide additional documents or information such as an air waybill or
bill of lading, invoices, and other documents (e.g. packing lists,
insurance certificates).

Importers are responsible for making an accurate and correct Customs
entry. Monetary penalties may be imposed for entries containing errors
or omissions. Importers must also pay all Customs charges, and are
required to keep and produce if so required all commercial documents for
a period of seven years. Importers must ensure that they comply with all
legislative requirements. Using Customs brokers is therefore a
recommended practice. A list of brokers affiliated to the Customs
Brokers and Freight Forwarders Association (CBAFF) is available at
[www.cbaff.org.nz](http://www.cbaff.org.nz/).

Generally, samples of products are subject to the same rates of customs
duty and taxes as commercially imported goods, based on the origin and
customs value of the goods. However, the New Zealand Customs Service
collects duty and/or taxes only if the combined value exceeds NZ \$50.
Small samples of bulk goods may be entered free of duty and/or taxes on
application to the New Zealand Customs Service (Client Services) at the
time of entry, or by prior memorandum.

More information on importing goods into New Zealand is available from
the New Zealand Customs Service on their Internet Site -
<http://www.customs.govt.nz/importers/default.asp>.

# APPENDIX I: GOVERNMENT REGULATORY AGENCY CONTACTS

Local government authorities with responsibilities for administration
and evaluation of imported products:

New Zealand Food Safety Authority

PO Box 2835

Wellington

New Zealand

Phone: (+64)-4-463 2500

Fax: (+64)-4-463 2501

Web: [www.nzfsa.govt.nz](http://www.nzfsa.govt.nz/)

Food Standards Australia New Zealand

PO Box 10559

Wellington 6036

New Zealand

Phone: (+64)-4-473 9942

Fax: (+64)-4-473 9855

Email: info@foodstandards.govt.nz

Web: [www.foodstandards.gov.au](http://www.foodstandards.gov.au/)

Ministry of Agriculture and Forestry

PO Box 2526 Wellington

New Zealand

Phone: (+64)-4-474 4100

Fax: (+64)-4-474 4244

Web: [www.maf.govt.nz](http://www.maf.govt.nz/)

Environmental Risk Management Authority

PO Box 131

Wellington

New Zealand

Phone: (+64)-4-916 2426

Fax: (+64)-4-914 0433

Email: <info@ermanz.govt.nz>

Web: [www.ermanz.govt.nz](http://www.ermanz.govt.nz/)

New Zealand Customs Service

(Wellington, Corporate Office)

PO Box 2218

Wellington, New Zealand

Phone: (+64)-4-473 6099

Fax: (+64)-4-473 7370

Email: <feedback@customs.govt.nz>

Web: [www.customs.govt.nz](http://www.customs.govt.nz/)

Ministry of Consumer Affairs

PO Box 1473

Wellington, New Zealand

Phone: (+64)-4-474 2750

Fax: (+64)-4-473 9400

Email: <mcainfo@mca.govt.nz>

Web: [www.consumeraffairs.govt.nz](http://www.consumeraffairs.govt.nz/)

New Zealand Commerce Commission

PO Box 2351

Wellington

New Zealand

Phone: (+64)-4-924 3600

Fax: (+64)-4-924 3700

Email: <contact@comcom.govt.nz>

Web: [www.comcom.govt.nz](http://www.comcom.govt.nz/)

Intellectual Property Office of New Zealand

PO Box 30 687

Lower Hutt

Wellington

New Zealand

Phone: (+64)-4-569 4400

Fax: (+64)-4-569 2298

Web: [www.iponz.govt.nz](http://www.iponz.govt.nz/)

The Commissioner

Plant Variety Rights Office

PO Box 24

Lincoln

New Zealand

Phone: (+64)-3-325 2414

Fax: (+64)-3-325 2946

Ministry of Health

PO Box 5013

Wellington

New Zealand

Phone: (+64)-4-496 2000

Fax: (+64)-4-496 2340

Email: <EmailMOH@moh.govt.nz>

Web: [www.moh.govt.nz](http://www.moh.govt.nz/)

Auckland District Health Board Central Clearing House

Auckland

New Zealand

Phone: (++64)-9-638 9909

Fax: (++64)-9-630 7470

Email: <baskern@adhb.govt.nz>

Web:
<http://www.arphs.govt.nz/Services/ImportedFood/ImportedProducts.asp>

Department of Conservation

PO Box 10420

Wellington

New Zealand

Phone: (+64)-4-471 0726

Fax: (+64)-4-471 1082

Web: [www.doc.govt.nz](http://www.doc.govt.nz/)

## 

## 

## SPS & TBT Contacts

Each member government is responsible for the notification procedures
associated with agreement under the World Trade Organization (WTO).
Examples here relate to the Sanitary,

Phytosanitary (SPS) and Technical Barriers to Trade (TBT) Agreements.
WTO obligations include notifying any trade significant proposals that
are not substantially the same as international standards to the WTO;
providing copies of the proposed regulation upon request; allowing time
for comments; and also to provide upon request copies of other relevant
documents on existing regulations related to food and agriculture.
Information on the country's regulations, standards and certification
procedures can also be obtained through the Enquiry

Point(s) listed below.

SPS New Zealand is the combined New Zealand SPS Notification Authority
and National Enquiry Point. It is responsible for fulfilling New
Zealand\'s transparency obligations under the SPS agreement.

Coordinator, SPS New Zealand

Ministry of Agriculture and Forestry

PO Box 2526

Wellington

New Zealand

Phone: (++64)-4-474 4226

Fax: (++64)-4-470 2730

Web: <http://www.maf.govt.nz/biosecurity/sps/index.htm>

TBT Enquiry Point

Trade Negotiations Division

Ministry of Foreign Affairs and Trade

Private Bag 18 901

Wellington

New Zealand

Phone: (++64)-4-439 8000

Fax: (++64)-4-472 9596

Email: <tnd@mft.govt.nz>

Web: [www.mfat.govt.nz](http://www.mfat.govt.nz/)

# APPENDIX II: OTHER IMPORTANT SPECIALIST CONTACTS

Office of the Agricultural Attaché

U.S. Embassy

PO Box 1190

Thorndon

Wellington

New Zealand

Phone: (++64)-4-462 6030

Fax: (++64)-4-462 6016

Email: <AgWellington@fas.usda.gov>

Web: [http://www.usembassy.org.nz](http://www.usembassy.org.nz/)

American Chamber of Commerce

PO Box 106 002

Auckland

New Zealand

Phone: (++64)-9-309 9140

Fax: (++64)-9-309 1090

Email: <amcham@amcham.co.nz>

Web: <http://www.amcham.co.nz/>

New Zealand Grocery Marketers Association

PO Box 1925

Wellington

New Zealand

Phone: (++64)-4-473 9223

Fax: (++64)-4-496 6550

Email: <gma@businessnz.org.nz>

Web: [www.gma.org.nz](http://www.gma.org.nz/)

Foodworks - Food, Beverage & Grocery New Zealand

PO Box 32 418

Devonport

Auckland 1309

New Zealand

Phone: (++64)-9-445 3621

Fax: (++64)-9-445 6287

Email: <chris@foodworks.co.nz>

Web: [www.foodworks.co.nz](http://www.foodworks.co.nz/)