Document ID: chunk:federal_register_of_legislation:F2024L01153:body:0:p19
Version: federal_register_of_legislation:F2024L01153
Segment Type: other
Provision Reference: 
Character Range: 51654–54791

medical purpose product for infants.

           2.9.1—42 Permitted variation from compositional requirements

            (1) A special medical purpose product for infants need not comply with a compositional requirement to the extent that a variation from that requirement:

               (a) is necessary to achieve the product's intended medical purpose; or
               (b) would otherwise prevent the sale of the product.

            (2) For the purposes of subsection (1), a compositional requirement means a requirement imposed in relation to a special medical purpose product for infants by any of the following:

              (a) any of sections 2.9.1—32 to 2.9.1—41, but not section 2.9.1—35;

              (b)  paragraph 1.1.1—10(6)(a);

              (c)  paragraph 1.1.1—10(6)(b);

              (d)  paragraph 1.1.1—10(6)(c).

           2.9.1—43 Representations about food as a special medical purpose product for infants

             A food may only be represented as a special medical purpose product for infants if it complies with this Division.

           2.9.1—44 Product differentiation

             The label on a package of a special medical purpose product for infants must differentiate that product from other foods by the use of text, pictures and/or colour.

                   Example The text, pictures and/or colours used on a label of a special medical purpose product for infants must differentiate that product from, among other things, infant formula,  follow-on formula or a formulated supplementary food for young children.

           2.9.1—45 Prohibited representations

             The label on a package of a special medical purpose product for infants must not contain:

               (a) a picture of an infant; or
               1.            a picture or text that idealises the use of special medical purpose product for infants; or
               (c) the words 'human milk oligosaccharide', 'human identical milk oligosaccharide' or any word or words having the same or similar effect; or
               (d) the abbreviations 'HMO' or HiMO' or any abbreviation having the same or similar effect.
2.9.1—46 Prohibited claims
 (1) A claim in relation to a special medical purpose product for infants must not:
 (a) refer to the prevention, diagnosis, cure or alleviation of a disease, disorder or condition; or
 (b) compare the product with a good that is:
 (i) represented in any way to be for therapeutic use; or
 (ii) likely to be taken to be for therapeutic use, whether because of the way in which the good is presented or for any other reason.
 (2) A nutrition content claim or *health claim must not be made about a special medical purpose product for infants.
 (3) This section does not apply to:
 (a) a claim that is expressly permitted by this Code; or
 (b) a declaration that is required by an application Act.
2.9.1—47 Permitted lactose free claim
  A claim that a special medical purpose product for infants is lactose free may be made if that special medical purpose product for infants contains no detectable lactose.

           2.9.1—48 Labelling and related