Document ID: chunk:federal_register_of_legislation:F2021L00145:reg:1:p2
Version: federal_register_of_legislation:F2021L00145
Segment Type: reg
Provision Reference: reg 1 (pt 2/4)
Character Range: 3353–6032

to which this section applies is present in a food for sale in a manner listed in subsection (5), a declaration that the food is present is required.
 Note  The labelling provisions related to this requirement are set out in Standard 1.2.1, subparagraph 1.2.4—5(6)(b)(i), and paragraph 2.9.5—9(1)(d).
 (2) A declaration required by subsection (1) must comply with this Division.
 (3) This section applies to:
               (a) a food that is listed in Column 1 of the table to section S9—3; or
               (b) a derivative of such a food.
 (4) Despite subsection (3), this section does not apply to:
 (a) a food that is listed in Column 2 of the table to section S9—3; or
 (b) a derivative of such a food.
 (5) For the purposes of subsection (1), the food may be present as any of the following:
 (a) an ingredient or as an ingredient of a *compound ingredient; or
 (b) a substance *used as a food additive, or an ingredient or component of such a substance; or
 (c) a substance *used as a processing aid, or an ingredient or component of such a substance.
1.2.3—5 Food name required for a mandatory declaration
   The *required name of a food listed in Column 1 of the table to section S9—3 is:
(a) when listed in a statement of ingredients—the corresponding name or one of the corresponding names in Column 3 of that table;
(b) in all other cases—the corresponding name or names in Column 4 of that table.
1.2.3—6 What a mandatory declaration must state
 (1) A declaration other than a declaration to which subsection (2) or (4) applies must be made by stating the *required name of the food to be declared.
 (2) A declaration made for the purposes of paragraph 1.2.1—8(1)(d) or subparagraph 1.2.4—5(6)(b)(i) must be made by:
(a) listing in the statement of ingredients of the food for sale:
                  (i) the *required name of the food to be declared; and
                  (ii) if the food to be declared is a substance *used as a processing aid or an ingredient or component of such a substance, the words 'processing aid' in conjunction with that required name; and
                    Examples:  processing aids (wheat, egg); processing aid containing wheat.
 (b) including a summary statement on the label of the food for sale.
Note Statement of ingredients provisions are set out in Standard 1.2.4.
 (3) Subsection (2) does not apply to a food for sale to which subsection 1.2.4—2(2) or subsection 1.2.4—2(3) applies.
 Note  Subsections 1.2.4—2(2) and (3) provide that certain foods are not required to have a statement of ingredients on their label.
 (4) A declaration made in relation to any of the following foods for sale must be made by stating the name