. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/AUS/44 
8 December 2005 
 (05-5844) 
Committee on Technical Barriers to Trade Original:   English 
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   AUSTRALIA  
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:         
Food Standards Australi a New Zealand (FSANZ) 
PO Box 7186 Canberra BC  ACT 2610 
AUSTRALIA 
Fax:  (+ 61) 2 627 12278 E-mail: slo@foodstandards.gov.au  
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   All foods carrying 
nutrition content claims, health claims and related claims. 
5. Title, number of pages and language(s) of the notified document:   Proposal P293 – 
Nutrition, Health and Related Claims Draft A ssessment Report (Refer to ‘Main Report with 
Attachments 1 and 2’, 142 pages, in English).   
6. Description of content:   FSANZ has utilised the Policy Guidelines on Nutrition, Health 
and Related Claims, provided by the Aust ralian and New Zealand Ministerial Council 
(Ministerial Council) in 2003, as a platform from which to develop a regulatory framework 
for nutrition, health and related claims. 
The Draft Assessment Report discusses issues in  relation to the regulation of nutrition, 
health and related claims and pro poses a preferred regulatory option. 
7. Objective and rationale, including the natu re of urgent problems where applicable:   A 
small number of nutrition claims, including claims in relation to sodium, energy, gluten, 
lactose and certain claims in relation to fat, ar e currently regulated in Standard 1.2.8 in the 
Australia New Zealand Food Standards Code (the Code), in addition to the term ‘nutrition 
claim’ being defined.  Vitamin and mineral cl aims, including claims that a food is a ‘good 
source’ of a vitamin or mineral, are regulated in Standard 1.3.2 - Vitamins and Minerals, in 
the Code.  Within the new regulatory framewo rk, FSANZ proposes that the definition of 
‘nutrition claim’ be replaced the definiti on of ‘nutrition content claim’, and that 
requirements for nutrition content claims and permission for vitamin or mineral content 
claims should be consolidated in the Draft St andard 1.2.7 – Nutrition, Health and Related 
Claims.  G/TBT/N/AUS/44 
Page 2  
 
 With the exception of folate claims, health cl aims relating to other nutrients are currently 
not permitted in Australia.  Standard 1.1A.2 – Transitional Standard – Health Claims, which 
permitted only those health claims pertaining to  folate, which will be repealed upon gazettal 
of Standard 1.2.7.  A two-year stock-in-tra de provision will then apply to these health 
claims.  Policy Guidance from th e Ministerial Council has differentiated two main types of 
health claims – general level and high level – in terms of the reference to a serious disease 
or biomarker of a serious disease in the case of a high level health claim, and indicates the possible approaches to be taken to regulate th ese health claims.  FSANZ has defined ‘health 
claim’, ‘general level claim’ and ‘high level claim’, and conditions for general level claims 
and high level claims are specified within the Draft Standard 1.2.7 – Nutrition, Health and 
Related Claims.   
There is currently no specific food standard regulating the use of endorsements, cause-
related marketing, and dietary information. C onditions for these related claims have been 
incorporated into the Draft Standard 1.2.7 – Nutrition, Health and Related Claims.   
The objectives of P293 are: 
• to have regard to the policy principles enuncia ted by the Ministerial Council, in particular 
that any intervention to permit nutrition,  health or related claims should: 
• enable the responsible use of  scientifically valid nutrient,  health and related claims; 
• support government, community and industry initiatives that promote healthy food 
choices by the population; 
• be cost-effective overall; 
• contain a process of substantiation that aligns levels of scientific evidence with the level 
of claims along the theoretical continuum of claims, at minimum costs to the community; 
• draw on the best elements of international regulatory systems for nutrition, health and 
related claims; and 
• allow for effective monitoring and effective enforcement. 
All applications to change the Australia New Zealand Food Standards Code  must be 
assessed in the context of the following objectiv es: (a) the protection of public health and 
safety; (b) the provision of adequate informati on relating to food to enable consumers to 
make informed choices; and (c) the preven tion of misleading or deceptive conduct. 
8. Relevant documents:   Australia New Zealand Food Standards Code  (English) 
9. Proposed date of adoption:   
Proposed date of entry into 
force:   Notification to Government anticipated in late 2006  
with adoption (gazettal) to follow, pending Government consideration. 
Date of gazettal pending Government 
consideration. 
10. Final date for comments:   22 February 2006 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:        
Documents are available fro m the Food Standards Austra lia New Zealand website: 
http://www.foodstandards.gov.au/standardsdev elopment/proposals/proposalp293nutritionhe
althandrelatedclaims/index.cfm