Document ID: chunk:federal_register_of_legislation:F2022L00733:reg:4:p1
Version: federal_register_of_legislation:F2022L00733
Segment Type: reg
Provision Reference: reg 4 (pt 1/4)
Character Range: 963–3835

4   Effect of the variations made by this instrument

    (1)           Section 1.1.1—9 of Standard 1.1.1 does not apply to the variations made by this instrument.

    (2)  During the transition period, a food product may be sold if the food product complies with one of the following:

       (a)  the Code as in force without the variations made by this instrument; or
       (b)  the Code as amended by the variations made by this instrument.

    (3)  For the purposes of this clause:
    transition period means the period commencing on the variation's date of commencement and ending 36 months after the date of commencement.

Schedule
Standard 1.1.2 Definitions used throughout the Code
[1.1] Subsection 1.1.2—2(3)
 Insert:
very low energy diet means a range of food for special medical purposes specially formulated for the dietary management of overweight and obesity and which provide the sole source of nutrition when consumed according to the directions for use on the label.
very low energy food means a food for special medical purposes produced for consumption as part of a *very low energy diet.
[1.2] Subsection 1.1.2—5(2)
 Repeal the subsection, substitute:
 (2) Despite subsection (1), a food is not food for special medical purposes if it is:
              (a)  an infant formula product; or
              (b) a food specially formulated for the dietary management of overweight and obesity and which is not a *very low energy food.

Standard 2.9.5 Food for Special Medical Purposes
[2.1] Section 2.9.5—2 (Note 1)
      Omit all the words after "a food is not food for special medical purposes if it is", substitute:
             (a)  an infant formula product; or
           (b) a food specially formulated for the dietary management of overweight and obesity and which is not a *very low energy food.
 [2.2] Section 2.9.5—2 (after Note 3)
 Insert:

Note 4 In this Code (see section 1.1.2—2):
            very low energy diet means a range of food for special medical purposes specially formulated for the dietary management of overweight and obesity and which provide the sole source of nutrition when consumed according to the directions for use on the label.
            very low energy food means a food for special medical purposes produced for consumption as part of a *very low energy diet.
[2.3] After subsection 2.9.5—7(2)
 Insert:
 (3) Subsection (1) does not apply to a *very low energy food.
[2.4] Subsection 2.9.5—9(2)
 Repeal the subsection, substitute:
 (2) The label for a food for special medical purposes that is a *very low energy food must also state the recommended daily quantity of all very low energy foods to be consumed in order to provide the sole source of nutrition.
 (3) The label must comply with Division 6 of Standard 1.2.1.
[2.5] Subparagraph 2.9.5—10(1)(g)(ii)
 Omit "(if applicable):", substitute "(if applicable),