Document ID: chunk:federal_register_of_legislation:F2024C00897:body:0:p14
Version: federal_register_of_legislation:F2024C00897
Segment Type: other
Provision Reference: 
Character Range: 37595–40958

paragraph (1)(i), the following substances are listed:

               (a) an *inulin-type fructan; and
               (b) a *galacto-oligosaccharide; and
               (c) a nutrient; and
               (d) a substance *used as a nutritive substance'.

               Note Section 2.9.1—24 expressly requires or permits these substances to be declared or stated in the nutrition information statement required by that section.

           Division 4 Special medical purpose product for infants

           2.9.1—30 Application of other Standards

             Unless the contrary intention appears, the following provisions do not apply to a special medical purpose product for infants:

               (a) Part 1.2 of Chapter 1 (labelling and other information requirements); and
               (b) Division 3 of this Standard.

           2.9.1—31 Restriction on the sale of special medical purpose products for infants

            (1) A special medical purpose product for infants 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 special medical purpose product for infants.

            (2) In this section:

           majority seller means, in relation to a special medical purpose product for infants, a person who:
                   (a) during any 24 month period, sold that special medical purpose product for infants to any of the following:
                      (i) a medical practitioner;
                      (ii) a dietitian;
                      (iii) a medical practice;
                      (iv) a pharmacy;
                      (v) a *responsible institution; and
                   (b) the sales mentioned in paragraph (a) represent more than one half of the total amount of that special medical purpose product for infants sold by the person during that 24 month period.
            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.

           2.9.1—32 General compositional requirements

            (1) A special medical purpose product for infants must have an energy content of no less than 2510 kJ/L and no more than 2930 kJ/L.

            (2) Subject to subsections (3) and (4), a special medical purpose product for infants must not contain added fructose and/or added sucrose.

            (3) A special medical purpose product for infants manufactured from partially hydrolysed protein may contain added fructose and/or added sucrose, provided that:

                (a) the fructose and/or sucrose is added to the product to provide a source of carbohydrate; and
               (b) the sum of the fructose and/or sucrose in the product does not exceed 20% of available carbohydrates in the product.
            (4) Subsection (2) does not apply to added fructose and/or added sucrose that is present in a special medical purpose product for infants as a result of:
               (a) the addition of *inulin-type fructans to the product in accordance with this Standard; and/or
               (b) the use of a substance as a processing aid in accordance with this