Document ID: chunk:federal_register_of_legislation:F2024C00897:body:0:p18
Version: federal_register_of_legislation:F2024C00897
Segment Type: other
Provision Reference: 
Character Range: 48613–52136

a permitted form listed in:

               (a) if a vitamin, mineral or electrolyte—the table to section S29—23; and
                (b) in any other case— the table to section S29—9.

           2.9.1—39 Addition of lactic acid producing microorganisms

             L(+) lactic acid producing microorganisms may be added to a special medical purpose product for infants.

           2.9.1—40 Restriction on addition of inulin-type fructans and galacto‑oligosaccharides

             If an *inulin-type fructan or a *galacto-oligosaccharide is added to a special medical purpose product for infants, the product must contain (taking into account both the naturally‑occurring and added substances) no more than:

               (a) if only inulin-type fructans are added—110 mg/100 kJ of inulin-type fructans; or
               (b) if only galacto-oligosaccharides are added—290 mg/100 kJ of galacto-oligosaccharides; or
               (c) if both inulin-type fructans and galacto-oligosaccharides are added:
                   (i) no more than 110 mg/100 kJ of inulin-type fructans; and
                   (ii) no more than 290 mg/100 kJ of combined inulin-type fructans and galacto-oligosaccharides.

           2.9.1—41 Restriction on levels of other substances

             A special medical purpose product for infants must not contain any of the following:

               (a) detectable gluten; or
               (b) more than 3.8 mg/100 kJ of free nucleotide-5′-monophosphates.

               Note 1 Section S19—4 contains the maximum levels (ML) of contaminants in infant formula products.
               Note 2 Standard 1.3.1 and Schedule 15 permit the use of certain substances as food additives in infant formula products including a special 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