Document ID: chunk:federal_register_of_legislation:F2024C00915:body:0:p2
Version: federal_register_of_legislation:F2024C00915
Segment Type: other
Provision Reference: 
Character Range: 2538–5368

hospital, hospice, aged care facility, disability facility, prison, boarding school or similar institution that is responsible for the welfare of its patients or residents and provides food to them.

Note 3 In this Standard (see section 1.1.2—2), a reference to a package does not include a reference to a plate, cup, tray or other food container in which food for special medical purposes is served by a responsible institution to a patient or resident of the responsible institution.

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.

2.9.5—3 Application of other standards
  The following provisions do not apply to food for special medical purposes:
 (a) paragraphs 1.1.1—10(6)(b) (foods used as nutritive substances) and 1.1.1—10(6)(f) (novel foods); and
 (b) unless the contrary intention appears, Part 1.2 of Chapter 1 (labelling and other information requirements); and
 (c) Standard 2.9.2, Standard 2.9.3 or Standard 2.9.4 (food for infants, formulated meal replacements and formulated supplementary foods, formulated supplementary sports foods).
2.9.5—4 Claims must not be therapeutic in nature
  A claim in relation to food for special medical purposes must not:
 (a) refer to the prevention, diagnosis, cure or alleviation of a disease, disorder or condition; or
 (b) compare the food 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.
Division 2 Sale of food for special medical purposes
2.9.5—5 Restriction on the persons by whom, and the premises at which, food for special medical purposes may be sold
 (1) A food for special medical purposes must not be sold to a consumer, other than from or by:
 (a) a medical practitioner or dietitian; or
 (b) a medical practice, pharmacy or responsible institution; or
 (c) a majority seller of that food for special medical purposes.
 (2) In this section:
medical practitioner means a person registered or licensed as a medical practitioner under legislation in Australia or New Zealand, as the case requires, for the registration or licensing of medical practitioners.
majority seller: a person is a majority seller of a food for special medical purposes during any 24 month period if:
 (a) during the period, the person sold that food for special medical purposes to medical practitioners, dietitians, medical