Draft New Zealand Food 
(Supplemented Food) 
Standard 2008 
   
 
 
 1 
 Pursuant to section 11C of the Food Act 1981, the Mini ster for Food Safety issues the following food 
standard. 
1 Title 
This standard is the New Zealand Food (Supplemented Food) Standard 2008. 
 
2 Commencement 
This standard comes into force on [date]. 
3 Purpose 
The purpose of this standard is to regulate supplemen ted foods that were formerly regulated under the 
Dietary Supplements Regulations 1985.   
4 Application 
(1)  On the coming into force of this Standard a person selling supplemented foods may elect to comply with ─ 
(a)  Part 1; or 
(b)  Part 2.  (2)  On and from 1 September 2010, a person selling supplemented foods must comply with Part 1. 
(3)  By way of explanation, clause 16 provi des that Part 2 expires on 1 September 2010.   
 
 
 2 
 Part 1 Supplemented Food Requirements 
5 Interpretation 
(1) In this standard, unless th e context otherwise requires, ─ 
Act means the Food Act 1981 
Code  means the Australia New Zealand Food Standards Code. 
(2) Words or expressions defined in the Act or  the Code and used but not defined in this 
standard have the same meaning as in the Act or in the Code. 
(3) References to adequate intake (AI) and recommended daily intake (RDI) mean the age-
appropriate figures published by the National Health and Medical Research Council of 
Australia in 2005, “ Nutrient Reference Values for Australia and New Zealand Including 
Recommended Dietary Intakes (2005) ”.  http://www.moh.govt.nz/moh.nsf/pagesmh/4678   
(4) A reference to maximum quantity per one day serving in relation to supplemented food 
means the amount of that food which is to be  consumed in one day in accordance with 
directions specified in the label.  
6 Meaning of supplemented food 
(1) A supplemented food is a product that is represented as a food ─ 
(a) for consumption by the general population; and 
(b) that has a substance or substances added to it or that has been modified in some 
way 
(i) to perform a physiological role beyon d the provision of a simple nutritive 
requirement; and 
(ii) in relation to which the Code does not otherwise apply. 
(2) A product is not a supplemented food if ─ 
(a) it is a dietary supplement (as defined in the Dietary Supplement Regulations 1985); 
or 
(b) it is ─   
 
 
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 (i) a medicine (as defined in the Medicines Act 1981); or 
(ii) a controlled drug or restricted substa nce (as defined in the Misuse of Drugs 
Act 1975). 
7 Certain aspects of Code apply 
The following standards in the Australia New Z ealand Food Standards Code apply to supplemented 
foods manufactured, sold or prepared for sale in New Zealand and or imported into New Zealand: 
Clauses 6, 7, and 8 Columns 1 and 2 of the Sc hedule of Standard 1.1.1 Preliminary provisions 
Standard 1.1.2   Supplementary Definitions for Foods 
Standard 1.2.1   Application of labelling and other information requirements (excluding any 
references to 1.2.2 and part 2) 
Standard 1.2.3   Mandatory warning and advisory statements and declarations 
Standard 1.2.4   Labelling of ingredients (excluding Clause 2 (b), clause 6, 1(a) and 3 ) 
Standard 1.2.5   Date marking of packaged food 
Standard 1.2.6   Directions for Use and Storage 
Standard 1.2.8   Nutrition information requirements (exc luding clause 3 (b), (o), (p) and (q)) 
Standard 1.2.9  Legibility requirements 
Standard 1.2.10  Characterising ingredients and components of food (excluding clause 2, 4 
(g), (i) and (j)) 
Standard 1.3.1  Food additives (excluding Schedule 1 13.1, 13.2, 13.3 14.2., 14.3 in 
Schedule 1 of that Standard) 
Standard 1.3.3   Processing aids 
Standard 1.3.4  Identity and purity 
Standard 1.4.1  Contaminants and natural toxicants  
Standard 1.4.3  Articles and materials in contact with food 
Standard 1.4.4  Prohibited and Restricted plants and fungi    
 
 
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 Standard 1.5.2  Food produced using gene technology  
Standard 1.5.3  Irradiation of food 
Standard 1.6.1  Microbiological limits for food 
Standard 2.1.1  Cereals and cereal products 
Standard 2.2.1  Meat and meat products 
Standard 2.2.2  Egg and egg products 
Standard 2.2.3  Fish and fish products 
Standard 2.3.2  Jam  
Standard 2.4.1  Edible oils 
Standard 2.4.2  Edible oil spreads 
Standard 2.5.1   Milk 
Standard 2.5.2  Cream 
Standard 2.5.3  Fermented milk products 
Standard 2.5.4  Cheese 
Standard 2.5.5  Butter 
Standard 2.5.6  Ice cream 
Standard 2.5.7   Dried milks, evaporated milks and condensed milks 
Standard 2.6.1  Fruit juice and vegetable juice  
Standard 2.6.2  Non-alcoholic beverages and brewed soft drinks 
Standard 2.8.1  Sugars 
Standard 2.8.2  Honey 
Standard 2.10.1 Vinegar and related products 
Standard 2.10.2 Salt and salt products    
 
 
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 8 Identification requirements 
(1) The label on a package of supplemented f ood must include the words “supplemented food”. 
(2) The words “supplemented food” must be placed  in a prominent position in any advertising 
material. 
(3) The label on a package of supplemented food must include its lot identification, unless the 
supplemented food is in small packages, and  the bulk packages and the bulk container in 
which the food is stored or displayed fo r sale includes its lot identification. 
(4)  The label on a package of supplemented f ood must include the name and business address 
in New Zealand of the supplie r of the supplemented food. 
9 Restrictions on advertising and labelling supplemented foods 
(1) Subclauses (2) and (3) apply to any ─ 
(a) advertisement for a supplemented food; and 
 (b) container or package in which a supplemented food is sold; and 
(c) label on a package or container in which a supplemented food is sold.  
(2) An item listed in subclause (1) must not claim or make a statement, express or implied 
relating to any of the following matters: 
(a) that the supplemented food treats or prevents disease: (b) that the supplemented food diagnoses diseas e or ascertains the existence, degree, 
or extent of a physiological condition: 
(c) that the supplemented food alters the shape, structure, size, or weight of the human 
body; or has slimming or intrinsic weight reducing properties: 
(d) that the supplemented food prevents the normal operation of a physiological 
function (whether permanently, temporarily, or by  way of terminating, reducing,  postponing, 
increasing, or accelerating the operation of  that function or in any other way). 
(3) An item listed in  subclause 1 must not ─   
 
 
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 (a) include on its label the word ‘health” or any word or words of similar import as a part 
of or in conjunction with the name of the food; and 
(b) have a label that contains any word, stat ement, claim, express or implied or design 
that directly or by implication could be interp reted as advice of a medical nature from any 
person. 
10 Restrictions on content claims  of vitamins and minerals  
(1) A claim must not be made in relation to the presence of a vitamin or mineral in a 
supplemented food unless ─ 
(a) the vitamin or mineral is listed in column 1 of the Schedule to Standard 1.1.1 of the 
Code; and  
(b) a reference quantity of the food contains at least 10% of the RDI or AI for that 
vitamin or mineral. 
(2) A claim must not be made in relation to a supplemented food being a good source of a 
vitamin or mineral unless– 
(a) the vitamin or mineral is listed in column 1 of the Schedule to Standard 1.1.1 of the 
Code; and  
(b) a reference quantity of the food contains at least 25% of the RDI or AI for that 
vitamin or mineral.  
11 Restriction on including intoxicating substance 
A supplemented food may not contain any substance that  is intended to have an intoxicating effect on 
any person who consumes it.  
12 Substances that may be added to  supplemented foods subject to 
restrictions 
The substances listed in column 1 of Table 1 (with the common names in column 2) are only able to 
be added to supplemented foods if there is compliance with the restrictions specified in column 3.   
 
 
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 Table 1 Substances subject to restrictions 
Substance 
Column 1 Common name 
Column 2 Restrictions 
Column 3 
Species name 
Hypericum perforatum St John’s Wort Only to be used in herbal 
infusions 
The package must contain 
the following Mandatory 
Warning Statement:  
“Consult your doctor if you 
take prescription medicines 
before using this product.  Do not take if pregnant.” 
Chemical 
Glucosamine  If sourced from seafood, 
the packaging must contain 
the following statement:  “derived from seafood”. 
Caffeine (including 
guarana)  If the product contains 
greater than 320mg/l of 
caffeine. 
The label must include 
advisory statements to the 
effect that the food contains caffeine and is not 
recommended for children, 
pregnant or lactating women and individuals 
sensitive to caffeine. 
 
13 Substances prohibited in supplemented foods 
The substances listed column 1 of Table 2 (with the common name in column 2) must not be added to 
supplemented foods. 
Table 2 Prohibited substances 
Substance 
Column 1 Common name 
Column 2 
Species name 
Actaea/Cimicifuga racemosa Black Cohosh   
 
 
 8 
 14 Restrictions on the addition of vitamins and minerals to 
supplemented food products (oth er than those produced for 
children aged 0 to 8 years) 
(1) The vitamins and minerals listed in column 1 of Table 3 may be added to a supplemented 
food (other than a supplemented food produced for children aged 0 to 8 years) up to the maximum quantity per one day serving specified in column 2 of Table 3. 
Table 3 Maximum Supplemented Food Levels for Vitamins and Minerals per day for Adults 
Nutrients 
Column 1 Maximum Quantity Per One Day Serving 
Column 2 
Vitamins 
Choline 1750mg 
Folic acid 5000 mcg 
Nicotinic Acid 17.5 mg 
Nicotinamide 450 mcg 
Retinol 1500 mcg 
Pyridoxine 25 mg 
Vitamin C 500 mg 
Vitamin D 40 mcg 
Vitamin E (as alpha-tocopherol 
equivalents) 150 mg 
Minerals 
Calcium 1250 mg 
Copper 5 mg 
Fluoride 5 mg 
Iodine 550 mcg 
Iron 22.5 mg 
Magnesium 175 mg 
Molybdenum 1000 mcg 
Phosphorous 2000 mg 
Selenium 200 mcg 
Sodium 1150 mg 
Zinc 20 mg   
 
 
 9 
 (2) The vitamins and minerals listed in column 1 of table 4 may only be added to supplemented 
foods if the package contains the warn ing statement set out in column 3. 
Table 4 Vitamins and Minerals that require warning statements 
Nutrients 
Column 1 Warning Statement 
Column 2 
Vitamin K Must include a warning statement for 
patients prescribed warfarin medication 
 
15 Restrictions on the addition of vitamins and minerals to 
supplemented food for children aged 0 to 8 years 
(1) The vitamins and minerals listed in column 1 of Table 5 may only be added to a 
supplemented food produced for a child aged any where between 0 and 8 years up to the 
maximum quantity per one day serving specified in column 2 of Table 5. 
Table 5 Maximum Supplemented Food Levels for Vitamins and Minerals per day for Children 
aged 0 to 8 years 
Nutrients 
Column 1 Maximum Quantity Per One Day Serving 
Column 2 
Vitamins 
Choline 500 mg 
Folic acid 200 mcg 
Nicotinic Acid 7.5 mg 
Nicotinamide 125 mcg 
Retinol 450 mcg 
Pyridoxine 10 mg 
Vitamin C 500 mg 
Vitamin D 40 mcg 
Vitamin E (as alpha-tocopherol 
equivalents) 50 mg 
Minerals 
Calcium 1250 mg   
 
 
 10 
 Copper 1.5 mg 
Fluoride 1.1 mg 
Iodine 150 mcg 
Iron 20 mg 
Magnesium 55 mg 
Molybdenum 300 mcg 
Phosphorous 1500 mg 
Selenium 75 mcg 
Sodium 700 mg 
Zinc 6 mg 
 
(2) Supplemented food products produced specif ically for children aged anywhere between 0 
and 8 years must be labelled “Produced for children”. 
   
 
 
 11 
 Part 2 Temporary option for supplemented foods 
16 Expiry of Part 
This Part expires on 1 September 2010. 
17 Interpretation 
(1) In this Part, unless the context otherwise requires,- 
batch  means a quantity of supplemented food produced under essentially the same 
conditions during a particular period, and usually from a particular “line” or other identifiable 
processing unit 
common name , in relation to a supplemented food, means the name by which the 
supplemented food is generally known 
container  means any box, packet, or other receptac le in which 1 or more packages of 
supplemented food are, or are to be, enclosed 
supplemented food  has the same meaning as in Part 1 
incidental constituent  means any extraneous substance, toxic substance, or pesticide that 
is contained or present in or on any food; but does not include any preservative, antioxidant, 
colouring substance, artificial sweetener, flav ouring substance, food conditioner, anticaking 
agent, gaseous packing agent, propellant, or vitamin, or any mineral 
ingredient means any substance including a food additive (other than an incidental 
constituent), that is  
(a) used in the manufacture or preparation of a supplemented food; and 
(b) present, whether in a modified form or not, in the final product 
principal display panel  means the part of a label that is most likely to be displayed, 
presented, shown, or examined, under ordinary or customary conditions of display for retail 
sale; and, if such likelihood is equal in respect of 2 or more panels, means every such panel 
printed includes written, typewritten, engraved, lit hographed, or otherwise traced or copied. 
(2) In this Part, the symbols specified in t he first column of the table have the meanings 
specified in relation to those symbols in t he second column of the table (as follows):   
 
 
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 TABLE TO SUBCLAUSE 2 
Symbol  Meaning  
G grams 
Mcg micrograms 
Mg milligrams 
Mm millimetres 
Ppm parts per million 
 
(3) In this Part, unless the context otherwise requi res, all references to proportions (whether as 
percentages, parts per million, or  otherwise) are references to  proportions by weight in a 
supplemented food as sold. 
(4) Nothing in this Part prohibits the use of any symbol the style of which conforms with a 
specimen in the table to subclause 2 of this Pa rt, or with the conventional usage of metric 
measurements.   
 
 
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 Subpart 1 General Requirements 
18 Maximum daily doses   
(1) A supplemented food described as or containing minerals or vitamins specified in the first 
column of the following table must be manufactu red so that each daily dose (for an adult) 
does not contain more than the maximum specif ied in the second column of the following 
table: 
  Vitamin or mineral 
Column 1 Maximum Daily Dose 
Column 2 
Copper 5 mg 
Iron 24 mg 
Selenium 150 mcg 
Zinc 15 mg 
Vitamins 
Vitamin A or retinol 3000 mcg 
Niacin (and salts) or nictonic acid (and 
salts) 100 mg 
Vitamin B12 or cyanocobalamin or 
hydroxocobalamin 50 mcg 
Vitamin D 25 mcg 
Folic Acid 300 mcg 
 
(2) A supplemented food described as or containing any mineral, other than a mineral specified 
in subclause (1), must be manufactured so t hat each daily dose (for an adult) does not 
contain more than the maximum specified in the current edition of Recommended Dietary 
Allowances, published by the Food and Nutrition Board of the National Academy of Science 
and National Research Council, Washington DC, USA.   
19 Supplemented food not to be sold unless properly labelled   
No person may sell any package or container containing any supplemented food, or any 
supplemented food contained in a package or container,— 
(a) does not bear a label containing all the particulars required by this Part; or   
 
 
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 (b) bears a label containing anything that  is prohibited by this Part; or 
(c) bears a label containing any particulars that  are not in the position, manner, and style 
required by this Part. 
20 General requirements for labelling  
(1) A package and container containing a supplem ented food must, unless otherwise provided 
in This Part, bear a label that includes the following:  
(a) the common name of the supplemented food , or a description (other than the brand 
name of the supplemented food) sufficient to in dicate the true nature of the supplemented 
food, or a description of the supplemented f ood including the common names of its principal 
ingredients; and 
(b) a statement of the net weight or volume or number of the contents of the package or 
container, whichever measure is appropriate fo r retail sale of the supplemented food; and 
(c) the trading name and business address of the manufacturer or seller or packer of 
the supplemented food, or of the owner of the ri ghts of manufacture, or of the principal or the 
agent of any of them; and 
(d)  consumer information panel that complies with clause 15: (e) the words “DIETARY SUPPLEMENT”: 
  (f) a batch number: 
(g) a date mark, being an expression in one of the following forms (that is a date no 
later than 5 years after the date of manufacture): 
(i) use by (followed by a date); or (ii) not to be consumed after (followed by a date); or 
(iii) words of similar meaning (followed by a date);— 
 (h) A statement of the recommended daily dosage (for an adult) both as to quantity and 
frequency, which must not exceed the maximum da ily dose permitted by clause 9, and, if the 
supplemented food is suitable for children, the recommended daily dose for children: 
(i) A warning in any case where a danger exists if an overdose is taken:   
 
 
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 (j) the method of preparation before use (where necessary). 
(2) Despite subclause (1)(f) and (g), no cont ainer containing a supplemented food need be 
labelled with the batch number or with a date mark. 
(3) Despite subclause (1), if supplemented foods are packed in blister or strip packaging, the 
packaging must be labelled with— 
(a) the common name; and (b) a batch number. 
(4) For the purposes of subclause (1)(c) ─ 
(a)  postal address, not being a telegraphic or code address or an address at a Post 
Office, must be given: 
(b) the name and address of a person who is not ordinarily resident in New Zealand 
must not be sufficient unless the supplement ed foods is wholly manufactured and packed 
outside New Zealand: 
(c)  the case where the trading name is of  a body corporate (whether registered inside 
or outside New Zealand), either the name of th e town in which the body corporate has its 
registered office or the full postal address of the premises where the supplemented foods is 
actually manufactured or packe d by the body corporate must be given as the address. 
(5) Where a package or container of a supplemented food is enclosed or wrapped in a 
transparent covering and the particulars with wh ich that package or container is required to 
be labelled are clearly visible through that covering, that covering must be exempt from the 
labelling requirements under this Part 
(6) No person who has in that person's po ssession any package or container of a 
supplemented food intended for sale by retail may— 
(a) remove any label required by this Part to be on the package or container; or (b) alter, erase, obliterate, or obscure any word or statement borne on such a label in 
accordance with any of the requirements of this Part. 
21 Form and manner of labelling   
(1) A word or statement that is required by  this Part to be borne on a label must—   
 
 
 16 
  (a) be conspicuously printed and, for each statement separately required, be in uniform 
colour contrasting strongly with a uniform background; and 
(b) be clearly, legibly, and durably marked either on the material of the package or 
container or on material firmly and securely attached to the package or container; and 
(c) be presented with continuity. 
(2) The lettering of every word or statement requi red by this Part must be clear, distinct, and 
legible with no decoration, embelli shment, or distortion that coul d interfere with the legibility 
of the words. 
22 Size of letters   
(1) The lettering of every word or statement requi red by this Part to appear on labels must be— 
(a)  capital letters; or (b) lower case letters; or (c) lower case letters with an initial capital letter. 
(2) In every case to which subclause (1) (a) or  (b) applies, the height of the lettering must be 
uniform in every word or statement that is separately required. 
(3) In every case to which subclause (1)(c) applies, the height of the lower case lettering must 
be uniform in every word or statement that is separately required. 
(4) Except as otherwise provided in this Part, t he lettering of any word or statement required by 
this Part to appear on labels must be not less than 1.5mm in height, except where the 
package or container to be labelled is so small as  to prevent the use of letters of that height, 
in which case letters of not less  than 0.75mm in height may be used. 
(5) The height of the lettering for the common name or description that is required by this Part to 
appear in the principal display panel of a label must be not less than one-third of the height 
of the largest lettering appearing in that panel, and— 
(a)  Not less than one-twentieth of the height of the label, in the case of a label that is no 
longer than twice the width of the label; and 
(b)  Not less than one-thirtieth of the height of the label, in any other case.   
 
 
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 (6) For the purposes of subclause (5), the height  of a label is the distance between the top and 
bottom of all printed or pictorial information on the label. 
23 Principal display panel   
(1) The particulars that are required by clause 23 to appear on a label must appear in the 
principal display panel. 
(2) Every word or statement that is required by th is Part to appear in the principal display panel 
of a label must be in lines that are generally parallel to the base on which the package or 
container rests as it is designed to be displayed. 
(3) In the case of a cylindrical package or contai ner, the width of the principal display panel on 
the cylindrical surface must not exceed one-th ird of the circumference of the package or 
container. 
24 Consumer information panel   
(1) The following information, when required by this Part to be on the label, must be grouped 
together in one portion of the label (that portion being called the consumer information 
panel): 
(a)  the statement of ingredients, which must show— 
(i) the quantities or proportions of the claimed active ingredients in the package 
or container or in each dosage unit, or, where the dietary supplement is divided into 
a number of units, the quantity or proporti on of the claimed active ingredients in 
each unit; and 
(ii)  the inactive ingredients in the package or container, which must be 
described either by their specific names or  by their class names, being any of the 
following permitted class names: 
Antioxidants: Artificial sweeteners: Colouring or colour: Flavouring or flavour:   
 
 
 18 
 Minerals: 
Preservatives: Vitamins: 
(b)  the storage instructions (where appropriate). 
(2) The consumer information panel may be any part of the label, but must— 
(a) be conspicuously placed in relation to other information included on the label; and 
(b) be clearly differentiated from all other  promotional material or illustrations. 
25 Misleading statements   
(1) No printed, pictorial, or other descriptive ma tter appearing on or attached to or supplied or 
displayed with any dietary supplement must  include any comment on, reference to, or 
explanation of any word, statement, or label required by this Part to be borne on any 
supplemented food if that comment, reference, or  explanation either directly or by implication 
contradicts, qualifies, or modi fies that word or statement or the contents of that label. 
(2) No printed, pictorial, or other descriptive matter supplied or displayed with any supplemented 
food must include any false or misleading stat ement, word, brand, picture, or mark 
purporting to indicate the nature, suitability, quant ity, quality, strength, purity, composition, 
weight, origin, age, effects, or proportion of t he dietary supplement or of any ingredients of 
the supplemented food. 
26 Therapeutic claims   
Except as permitted by the Medicines Act 1981 and any regulations made under that Act, no 
supplemented food or package or container cont aining a supplemented food may be advertised or 
labelled with a statement relating to any of the following matters: 
(a) treating or preventing disease: 
(b) diagnosing disease or ascertaining the exis tence, degree, or extent of a physiological 
condition: 
(c) altering the shape, structure, size, or weight of the human body:   
 
 
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 (d) otherwise preventing or interfering with t he normal operation of a physiological function, 
whether permanently or temporarily, and whethe r by way of terminating or reducing or 
postponing, or increasing or accelerating, the oper ation of that function, or in any other way. 
     
 
 
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 Subpart 2 Specific requirements 
27 Preservatives 
(1) In this clause preservative means any subs tance that, when added to a dietary supplement, 
has the property of arresting or impeding fe rmentation, putrefaction, or decomposition. 
(2) Supplemented foods may contain any of t he following preservatives and no others:  
Benzoic acid or sodium benzoate: 
Parahydroxybenzoic acid and its esters: 
Sorbic acid, or its sodium, calcium, or potassium salts: Sulphur dioxide, or sulphites calculated as sulphur dioxide. 
28 Antioxidants 
(1) In this clause, antioxidant means any substa nce that, when added to a supplemented food, 
has the property of arresting or retarding oxidative rancidity.   
(2) Supplemented foods may contain any of the following antioxidants and no others: 
(a) Propyl gallate, dodecyl gallate, octyl ga llate, butylated hydroxyanisole (BHA), 
butylated hydroxytoluene (BHT), and tertia ry butylhydroquinone (TBHQ), where the 
proportion of those antioxidants, singly or  in combination, does not exceed 100ppm:  
(b) Ascorbyl palmitate, and ascorbyl stea rate, where the proportion of those 
antioxidants, singly or in combination, does not exceed 500ppm:   
(c) Natural tocopherols, synthetic tocopherols, citric acid, and sodium citrate:  (d) Isopropyl citrate mixture, monoglyceride citrate, and phosphoric acid, where the 
proportion of those antioxidant s, whether singly or in combination, does not exceed 100ppm.
  
29 Colouring substances 
(1) In this clause colouring substance means any  substance that, when added or applied to a 
supplemented food, is capable of imparti ng colour to that supplemented food.    
 
 
 21 
 (2) Supplemented foods may contain any of the co louring substances (and, where appropriate, 
their aluminium lakes) specified in the table to this subclause and no others. 
TABLE TO SUBCLAUSE 2 
Common Name  Index Name Index Number 
Allura Red AC CI Food Red 17 16035 
Aluminium  77000 
Amaranth CI Food Red 9 16185 
Annatto extracts (bixin, 
norbixin) CI Natural Orange 4 75120 
Anthocyanins Beet red 
(betanin) B-carotene CI Food Orange 5 40800 
B-apo-8’-carotenol CI Food Orange 6 40820 
B-apo-8’-carotenoic acid, 
and its ethyl and methyl esters CI Food Black 6 CI Food 
Orange 7 40825 
Brilliant Black PN CI Food Black 1 28440 
Brilliant Blue FCF CI Food Blue 2 42090 
Brown HT CI Food Brown 3 20285 
Canthaxanthin CI Food Orange 8 40850 
Caramel  14720 
Carmoisine (azorubine) CI Food Red 3  
Chlorophyll CI Natural Green 3 75810 
Chlorophyll copper complex  75470 
Chlorophyllin copper 
complex, potassium and sodium salts   
Cochineal (carminic acid) CI Natural Red 4  
Erythrosine CI Food Red 14 45430 
Fast Green FCF CI Food Green 3 42053 
Gold  77480 
Grape skin extracts  44090 
Green S CI Food Green 4  
Indigotine (indigo carmine) CI Food Blue 1 73015 
 CI Pigment Red 101 & 102 77491 
Iron oxides and hydrated 
iron oxides CI Pigment Yellow 42 & 43 77492   
 
 
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  CI Pigment Black 11 77499 
Paprika (paprika oleoresin) 
(capsanthin and 
capsorubin)  16255 
Ponceau 4R CI Food Red 7  
Roboflavin (lactoflavin)  75100 
Riboflavin-5-phosphate   
Saffron (crocin, crocetin) CI Natural Yellow 6 & 19  
Silver  77820 
Sunset Yellow FCF CI Food Yellow 3 15985 
Tartrazine CI Food Yellow 4 19140 
Titanium dioxide  77891 
Turmeric (curcumin) CI Natural Yellow 3 75300 
Xanthophylls CI Natural Yellow 27 75135 
 
NOTE: The index numbers specified in the third colu mn of this table are the numbers allotted in the 
current edition of the Colour Index published jointl y by the Society of Dyers and Colourists of the 
United Kingdom and the Association of Textile Chem ists and Colorists of the United States of 
America.   
 
30 Artificial sweeteners   
(1) In this clause artificial sweetener means any substance that when added to a supplemented food, 
is capable of imparting sweetness to that s upplemented food, and that is not a saccharide, 
polyhydric alcohol, or honey. 
(2) Supplemented foods may contain any of the fo llowing artificial sweeteners and no others: 
Aspartame: Saccharin and its sodium, and calcium and ammonium compounds: Sodium cyclamate and calcium cyclamate. 
   
 
 
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 31 Flavouring substances   
(1) In this clause flavouring substance means any wholesome substance that, when added or 
applied to a dietary supplement, is capable of imparting flavours to, or enhancing flavours in, 
that supplemented food. 
(2) Supplemented foods may contain any flav ouring substance, except the following: 
Cade oil: Coumarin: Nitrobenzene: Pyroligneous acid: Safrole and isosafrole: 
Sassafras oil. 
32 Vitamins   
(1) The supplemented food specified in the first colu mn of the table to this subclause, or any 
compound of those supplemented food, and no ot hers, may be described as vitamins, and 
the quantity of vitamins in supplemented foods mu st be calculated in accordance with the 
second column of that table. 
TABLE TO SUBCLAUSE (1) 
Dietary Supplement described as 
vitamins or containing vitamins  Calculated as 
Vitamin A or retinol retinol in mcg 
Vitamin B1, or thiamine thiamine in mg  
Vitamin B2 or riboflavin riboflavine in mg 
Niacin or nocotinic acid niacin equivalents in mg 
Pantothenic acid pantothenic acid in mg 
Vitamin B6, or pyridoxine pyridoxine in mg 
Vitamin B12, or cyanocobalamin, or 
hydroxycobalamin vitamin B12 in mcg   
 
 
 24 
 Vitamin C or ascorbic acid  ascorbic acid in mg 
Vitamin D2 or calciferol calciferol in mcg 
Vitamin D3 or cholecalciferol cholecalciferol in mcg 
Vitamin E Vitamin E in mg 
Biotin biotin in mcg 
Vitamin K vitamin K in mcg 
Vitamin K1, or phytomenadione vitamin K1 in mcg 
Vitamin K3, or menaphthone vitamin K3 in mcg 
Folic acid folic acid in mcg 
 
(2) If the quantity of vitamins in a supplemented f ood is declared on a label, it must be stated to 
an accuracy of not greater than 3 significant figures. 
(3) There may be marked on any package or co ntainer containing a supplemented food, 
described as or containing a vitamin, a statement indicating— 
(a) the presence of vitamins; and 
(b) the quantity, calculated in accordance with the table to subclause (1), of that vitamin 
in that package or container or in each dos age unit, or, where the supplemented food is 
divided into a number of units, the quantity of that vitamin in each unit.   
33 Minerals   
(1) The following substances may be described as minerals in supplemented foods: 
Calcium: 
Chlorine: Chromium: Copper: Fluorine: Iodine: Iron: 
Magnesium:   
 
 
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 Manganese: 
Molybdenum: Phosphorus: Potassium: Selenium: 
Sodium: 
Zinc. 
(2) If the quantity of minerals in a supplemented food is declared on a label, it must be stated in 
milligrams or micrograms to an accuracy of  not greater than 3 significant figures. 
(3)  There may be marked on any package or cont ainer containing a supplemented food as or 
containing a mineral, a statement indicating— 
(a) The presence of minerals; and (b) The quantity of that mineral in that pa ckage or container or in each dosage unit, or, 
where the dietary supplement is divided into a num ber of units the quantity of that mineral in 
each unit. 
34 Enzymes    
The following enzymes may be added to supplemented foods: 
Amylase and protease derived from Asperg illus flavus oryzae or Aspergillus niger: 
Bromelin: Ficin: 
Invertase: 
Papain: Pectinase: Pepsin: Rennet and protein—coagulating enzymes:   
 
 
 26 
 Lactase: 
Lipase.       
 
 
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35 Appendix 2: Legislative Requirements 
The Food Act 1981 sets specific requirements that must be met before making a Food Standard, 
including matters that the Minister must take into  account and also be satisfied about. These are set 
out in Section 11E ‘Preconditi ons for issuing food standard’.  
Food Act 1981, Section 11E—Preconditions for issuing food standard 
(1) In issuing any food standard, the Minister shall take into account the following: 
a. The need to protect public health b. The desirability of avoiding unnecessary restrictions on trade 
c. The desirability of maintaining consis tency between New Zealand’s food standards 
and those applying internationally 
d. New Zealand’s obligations under any re levant international treaty, agreement, 
convention, or protocol, and, in particular,  under the Australian-New Zealand Joint Food 
Standards Agreement 
e. Such other matters as the Minister considers appropriate. 
(2) The Minister shall not issue any food standa rd unless the Minister is satisfied that 
appropriate consultation has been carried out wi th respect to the food standard, including 
(without limitation)— 
a. Adequate and appropriate notice of the int ention to issue the food standard; and 
b. A reasonable opportunity for interested persons to make submissions; and 
c. Adequate and appropriate considerat ion of any such submissions. 
The proposed Supplemented Food Standard meets the preconditions of section 11E(1)  as described 
below:  
a. The need to protect public health 
The main objective of the proposal is to prot ect public health and safety by ensuring that 
supplemented food is subject to the same stand ards as most other foods available in New 
Zealand   
 
 
 28 
 b. The desirability of avoiding unnecessary restrictions on trade 
The objectives of the proposed standard include supporting economic growth and 
maintaining an existing right for New Zealand consumers, manufacturers, importers and 
exporters. In addition, aligning the supplemented food with the requirements of the Australia 
New Zealand Food Standards Code (the Code) to  the maximum extent possible will reduce 
the impact on trans Tasman trade resulting fr om separate standards for these products. 
c. The desirability of maintaining consistency between New Zealand’s food standards 
and those applying internationally. 
There is no standard approach to the regulation  of these products internationally. However, 
where applicable for substances added to supplemented food, Codex standards have been 
referenced.  
d. New Zealand’s obligations under any re levant international treaty, agreement, 
convention, or protocol, and, in particular,  under the Australian-New Zealand Joint Food 
Standards Agreement. 
The Dietary Supplements Regulations were in fo rce at the time the Food Treaty was signed. 
It was always intended that standards under the Food Code would supersede the Dietary 
Supplements Regulations. Although the matter has been subject to considerable discussion, 
suitable standards have yet to be developed. In the absence of suitable joint standards the 
Supplemented Food Standard provides maximum al ignment with the objective of eventual  
e. Such other matters as the Minister considers appropriate. It is acknowledged that there is a significant industry that has operated under the Dietary 
Supplements Regulations. Maintaining this existing right is a consideration  
 
The proposals to issue a Supplemented Food Standar d meet the requirements for consultation in 
11E(2)  as described below: 
a. Adequate and appropriate notice of the in tention to issue the food standard.  
Changes to the regulation of dietary supple ments have been under discussion since 2004. 
Following the analysis of submissions to the 2007 consultation process, changes were 
agreed by Government and conveyed to indu stry via letter, website and seminars 
   
 
 
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 b. A reasonable opportunity for interested persons to make submissions. 
There have been two rounds of consultation relating to the general proposal (2004 and 
2007). This round of consultation provides an opp ortunity to consider the technical detail of 
the proposal. 
c. Adequate and appropriate considerat ion of any such submissions. 
All submissions will be consider ed in the context of earlier polic y decisions and with regard 
to the level of regulatory compliance costs.